II 

117TH CONGRESS 

1ST SESSION S. 2356 

To provide funding to rehabilitate, retrofit, and remove the Nation’s dams 

to improve the health of the Nation’s rivers, improve public safety, 

and increase clean energy production, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 15, 2021 

Mrs. FEINSTEIN (for herself, Mr. PADILLA, Mr. WYDEN, Ms. STABENOW, Mr. 

PETERS, Mrs. GILLIBRAND, and Mr. BENNET) introduced the following 

bill; which was read twice and referred to the Committee on Environment 

and Public Works 

A BILL 

To provide funding to rehabilitate, retrofit, and remove the 

Nation’s dams to improve the health of the Nation’s 

rivers, improve public safety, and increase clean energy 

production, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Twenty-First Century Dams Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 the Act is as follows: 


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Sec. 1. Short title; table of contents. 

TITLE I—DAM SAFETY ASSISTANCE 

Sec. 101. Increase Federal assistance to improve dam safety. 

TITLE II—RESTORE RIVER ECOSYSTEMS THROUGH DAM 

ABATEMENTS 

Sec. 201. Purposes. 

Sec. 202. Definitions. 

Sec. 203. Dam removal program. 

Sec. 204. Establishment of Dam Removal Council. 

Sec. 205. Establishment of Dam Removal Advisory Board. 

Sec. 206. Dam removal strategy. 

Sec. 207. Reporting. 

Sec. 208. Funding. 

Sec. 209. General provisions. 

TITLE III—REIMAGINED FEDERAL DAMS 

Sec. 301. National dam assessment. 

Sec. 302. Federal dam assessments. 

Sec. 303. Report. 

Sec. 304. Investing in Federal dam infrastructure. 

1 TITLE I—DAM SAFETY 

2 ASSISTANCE 

3 SEC. 101. INCREASE FEDERAL ASSISTANCE TO IMPROVE 

4 DAM SAFETY. 

5 (a) NATIONAL DAM SAFETY PROGRAM ACT.— 

6 (1) DEFINITIONS.—Section 2(4)(A) of the Na7 tional Dam Safety Program Act (33 U.S.C. 

8 467(4)(A)) is amended— 

9 (A) in clause (iii)(II), by striking the semi10 colon and inserting ‘‘; and’’; 

11 (B) in clause (iv), by striking ‘‘; and’’ and 

12 inserting a period; and 

13 (C) by striking clause (v). 


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1 (2) INSPECTION OF DAMS.—Section 3(a) of the 

2 National Dam Safety Program Act (33 U.S.C. 

3 467a(a)) is amended to read as follows: 

4 ‘‘(a) IN GENERAL.—As soon as practicable, the Sec5 retary of the Army, acting through the Chief of Engineers, 

6 shall carry out a national program of inspection of dams 

7 for the purpose of protecting human life and property. All 

8 non-Federal dams in the United States that are not under 

9 the regulatory inspection authority of a State or Federal 

10 entity shall be inspected by the Secretary, except dams 

11 which the Secretary of the Army determines do not pose 

12 any threat to human life or property. The inspection will 

13 include an assessment of downstream hazard and develop14 ment of a dam failure inundation map and a non-failure 

15 residual risk inundation map that can be incorporated in 

16 an emergency action plan for the dam.’’. 

17 (3) ASSISTANCE FOR STATE DAM SAFETY PRO18 GRAMS.—Section 8(e)(1) of the National Dam Safe19 ty Program Act (33 U.S.C. 467f(e)(1)) is amended 

20 by inserting ‘‘including the development of emer21 gency action plans’’ after ‘‘improving dam safety 

22 programs’’. 

23 (4) PRIORITY SYSTEM.—Section 8A(f) of the 

24 National Dam Safety Program Act (33 U.S.C. 

25 467f–2(f)) is amended to read as follows: 


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1 ‘‘(f) PRIORITY SYSTEM.—The Administrator, in con2 sultation with the Board, shall develop a risk-based pri3 ority system for States to use as a factor in prioritizing 

4 multiple applications in a single year of eligible high haz5 ard potential dams for which grants may be made under 

6 this section.’’. 

7 (5) REHABILITATION OF HIGH HAZARD POTEN8 TIAL DAMS.—Section 8A(j) of the National Dam 

9 Safety Program Act (33 U.S.C. 467f–2(j)) is 

10 amended— 

11 (A) in paragraph (3), by striking ‘‘; and’’ 

12 and inserting a semicolon; 

13 (B) in paragraph (4), by striking ‘‘each of 

14 fiscal years 2021 through 2026.’’ and inserting 

15 ‘‘fiscal year 2021; and’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(5) $200,000,000 for each of fiscal years 2022 

18 through 2026.’’. 

19 (6) NATIONAL DAM SAFETY PROGRAM.—Section 

20 14(a)(1) of the National Dam Safety Program Act 

21 (33 U.S.C. 467j(a)(1)) is amended by striking 

22 ‘‘$9,200,000 for each of fiscal years 2019 through 

23 2023’’ and inserting ‘‘$92,000,000 for each of fiscal 

24 years 2022 through 2026’’. 


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1 (7) INSPECTION OF DAMS.—Section 14 of the 

2 National Dam Safety Program Act (33 U.S.C. 467j) 

3 is amended by adding at the end the following: 

4 ‘‘(h) INSPECTION OF DAMS.—There is authorized to 

5 be appropriated to carry out section 3 $35,000,000 for 

6 each of fiscal years 2022 through 2026.’’. 

7 (8) ALLOCATION.—Section 14(a)(2) of the Na8 tional Dam Safety Program Act (33 U.S.C. 

9 467j(a)(2)) is amended— 

10 (A) by striking subparagraphs (B) and 

11 (C); 

12 (B) by striking the paragraph designation 

13 and heading and all that follows through ‘‘Sub14 ject to subparagraphs (B) and (C), for’’ in sub15 paragraph (A) in the matter preceding clause 

16 (i) and inserting the following: 

17 ‘‘(2) ALLOCATION.—For’’; 

18 (C) by redesignating clauses (i) and (ii) as 

19 subparagraphs (A) and (B), respectively, and 

20 indenting appropriately; 

21 (D) in subparagraph (A) (as so redesig22 nated), by inserting ‘‘of the remaining’’ after 

23 ‘‘One-third’’; 

24 (E) in subparagraph (B) (as so redesig25 nated)— 


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1 (i) in the matter preceding subclause 

2 (I), by inserting ‘‘of the remaining’’ after 

3 ‘‘Two-thirds’’; and 

4 (ii) by redesignating subclauses (I) 

5 and (II) as clauses (i) and (ii), respec6 tively, and indenting appropriately; and 

7 (F) by adding at the end the following: 

8 ‘‘(C) Up to twenty percent to States that 

9 qualify for assistance under section 8(e) for the 

10 development of emergency action plans as need11 ed.’’. 

12 (9) FEMA STAFFING.—Section 14(f) of the 

13 National Dam Safety Program Act (33 U.S.C. 

14 467j(f)) is amended by striking ‘‘$1,000,000 for 

15 each of fiscal years 2019 through 2023’’ and insert16 ing ‘‘$4,000,000 for each of fiscal years 2022 

17 through 2026’’. 

18 (b) REHABILITATION OF STRUCTURAL MEASURES

19 NEAR, AT, OR PAST THEIR EVALUATED LIFE EXPECT20 ANCY.—Section 14(h)(2) of the Watershed Protection and 

21 Flood Prevention Act (16 U.S.C. 1012(h)(2)) is amend22 ed— 

23 (1) in subparagraph (D), by striking ‘‘; and’’ 

24 and inserting a semicolon; 


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1 (2) in subparagraph (E), by striking ‘‘through 

2 2023.’’ and inserting ‘‘through 2021; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(F) $100,000,000 for each of fiscal years 

5 2022 through 2026.’’. 

6 (c) WIFIA FUNDING.—Section 5033(a)(1) of the 

7 Water Infrastructure Finance and Innovation Act of 2014 

8 (33 U.S.C. 3912(a)(1)) is amended— 

9 (1) in subparagraph (D), by striking ‘‘; and’’ 

10 and inserting a semicolon; 

11 (2) in subparagraph (E), by striking the period 

12 at the end and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(F) $50,000,000 for each of fiscal years 

15 2022 through 2026.’’. 

16 TITLE II—RESTORE RIVER ECO17 SYSTEMS THROUGH DAM 

18 ABATEMENTS 

19 SEC. 201. PURPOSES. 

20 The purposes of this title are to establish an inter21 agency advisory council, a Tribal and stakeholder advisory 

22 board, and to provide funding to remove publicly owned 

23 and privately owned dams with the consent of dam own24 ers— 


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1 (1) to reduce public safety risks associated with 

2 aging dams; 

3 (2) to promote the restoration of riverine habi4 tat for native species of fish and wildlife; 

5 (3) to provide for the movement of aquatic spe6 cies and restoration of migratory fish populations; 

7 (4) to improve water quality; and 

8 (5) to increase climate resilience. 

9 SEC. 202. DEFINITIONS. 

10 In this title: 

11 (1) ADVISORY BOARD.—The term ‘‘Advisory 

12 Board’’ means the Dam Removal Advisory Board es13 tablished under section 205. 

14 (2) AQUATIC HABITAT.—The term ‘‘aquatic 

15 habitat’’ means the preferred in-stream, floodplain, 

16 or riparian wetland habitat of all life stages of native 

17 aquatic species. 

18 (3) AQUATIC SPECIES PASSAGE.—The term 

19 ‘‘aquatic species passage’’ means the ability of all 

20 species endemic to a watershed, and all life stages 

21 of those species, to freely access upstream and down22 stream aquatic habitat for the purposes of spawning, 

23 rearing, or other life cycle needs. 

24 (4) CLIMATE RESILIENCE.—The term ‘‘climate 

25 resilience’’ means the ability for humans, ecoVerDate Sep 11 2014 05:16 Jul 16, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2356.IS S2356

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1 systems, and all species to adapt to and recover 

2 from disturbances related to climate change, includ3 ing increased severity and frequency of floods, 

4 droughts, and changes to thermal regimes. 

5 (5) COUNCIL.—The term ‘‘Council’’ means the 

6 Dam Removal Council established under section 

7 204. 

8 (6) DAM.—The term ‘‘dam’’ means a human9 made structure that— 

10 (A) spans the width of a river or stream 

11 (or does not currently span the width of a river 

12 or stream due to damage or intentional breach, 

13 but was originally constructed to do so); and 

14 (B) was constructed to raise the water 

15 level, divert water, or store water for a variety 

16 of purposes. 

17 (7) DAM REMOVAL PROJECT.— 

18 (A) IN GENERAL.—The term ‘‘dam re19 moval project’’ means a project to permanently 

20 remove the full vertical extent of a dam struc21 ture of a dam described in subparagraph (B) to 

22 a minimum horizontal width needed to protect 

23 public safety, restore natural river function, and 

24 reconnect aquatic species passage, unless site 

25 conditions prevent that removal width. 


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1 (B) DAMS DESCRIBED.—A dam referred to 

2 in subparagraph (A) is— 

3 (i) a non-federally owned powered 

4 dam; 

5 (ii) a non-federally owned non-pow6 ered dam; or 

7 (iii) a Federal non-powered dam the 

8 removal of which is authorized by Con9 gress, if applicable. 

10 (8) FUNDING ALLOCATION.—The term ‘‘fund11 ing allocation’’ means amounts provided, out of 

12 amounts made available to carry out this title, by 

13 the Secretary to a participating agency to carry out 

14 the purposes of this title. 

15 (9) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

16 has the meaning given the term in section 4 of the 

17 Indian Self-Determination and Education Assistance 

18 Act (25 U.S.C. 5304). 

19 (10) NON-FEDERAL INTEREST.—The term 

20 ‘‘non-Federal interest’’ means— 

21 (A) a State; 

22 (B) a political subdivision of a State; 

23 (C) an Indian Tribe; 

24 (D) a non-Federal dam owner, or a rep25 resentative; 


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1 (E) a regional or interstate agency; and 

2 (F) as provided in section 203(d)(2), a 

3 nongovernmental organization. 

4 (11) PARTICIPATING AGENCY.— 

5 (A) IN GENERAL.—The term ‘‘partici6 pating agency’’ means a Federal agency— 

7 (i) that owns 1 or more dams or has 

8 jurisdiction over a grant program under 

9 which dam removal is an eligible activity; 

10 and 

11 (ii) that has authority— 

12 (I) to conduct dam removal 

13 projects; or 

14 (II) to provide technical assist15 ance and grants for development, 

16 planning, and implementation of dam 

17 removal projects. 

18 (B) INCLUSION.—The term ‘‘participating 

19 agency’’ includes the Department of the Army. 

20 (12) PRIVATELY OWNED DAM.—The term ‘‘pri21 vately owned dam’’ means a dam that is owned by 

22 1 or more non-governmental entities. 

23 (13) PUBLIC SAFETY HAZARD.—The term 

24 ‘‘public safety hazard’’ means the risk to individuals 

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1 tion of private or public property, as a result of the 

2 structural failure or misoperation of a dam, or by a 

3 person who accesses the dam by foot or in a boat. 

4 (14) PUBLICLY OWNED DAM.— 

5 (A) IN GENERAL.—The term ‘‘publicly 

6 owned dam’’ means a dam that is owned by a 

7 public entity such as a government agency, po8 litical subdivision, special purpose district, or 

9 other public entity established under Federal or 

10 State law. 

11 (B) EXCLUSION.—The term ‘‘publicly 

12 owned dam’’ does not include a Federal pow13 ered dam. 

14 (15) SECRETARY.—The term ‘‘Secretary’’ 

15 means the Secretary of the Army. 

16 (16) STATE.—The term ‘‘State’’ means— 

17 (A) a State; 

18 (B) the District of Columbia; 

19 (C) the Commonwealth of Puerto Rico; 

20 (D) the Commonwealth of the Northern 

21 Mariana Islands; 

22 (E) the United States Virgin Islands; 

23 (F) American Samoa; and 

24 (G) Guam. 


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1 SEC. 203. DAM REMOVAL PROGRAM. 

2 (a) ESTABLISHMENT.—The Secretary shall establish 

3 a dam removal program to carry out dam removal projects 

4 and provide technical assistance through the award of con5 tracts and cooperative agreements in accordance with this 

6 title. 

7 (b) ELIGIBLE ACTIVITIES.—An activity eligible to be 

8 carried out with a funding allocation is— 

9 (1) a dam removal project; and 

10 (2) a Federal or non-Federal technical assist11 ance program. 

12 (c) SELECTION OF PROJECTS.— 

13 (1) IDENTIFICATION OF ELIGIBLE PROJECTS.— 

14 (A) IN GENERAL.—Each participating 

15 agency shall— 

16 (i) review proposed dam removal 

17 projects and technical assistance programs, 

18 including— 

19 (I) projects proposed by a dam 

20 owner (or a designee, with the written 

21 consent of the dam owner); 

22 (II) dam removal projects for 

23 Federal non-powered dams owned by 

24 the participating agency that— 


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1 (aa) are no longer providing 

2 a critical purpose in the Federal 

3 interest; and 

4 (bb) have received Congres5 sional authorization, if applicable; 

6 (III) non-Federal dam removal 

7 technical assistance programs; and 

8 (IV) a proposed funding alloca9 tion for those projects and programs; 

10 and 

11 (ii) submit the recommended projects, 

12 programs, and funding allocation to the 

13 Council. 

14 (B) COUNCIL REVIEW.—The Council 

15 shall— 

16 (i) review the projects, programs, and 

17 funding allocations submitted under sub18 paragraph (A)(ii); 

19 (ii) develop recommendations of 

20 projects and programs that meet the cri21 teria described in paragraph (3) and pro22 posed funding allocations for each partici23 pating agency; and 


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1 (iii) submit the projects, programs, 

2 and funding allocations recommended 

3 under clause (ii) to the Secretary. 

4 (2) SELECTION.—The Secretary shall— 

5 (A) select projects and activities under this 

6 section taking into consideration the projects 

7 and programs submitted by the Council under 

8 paragraph (1)(B)(iii); and 

9 (B) provide to each participating agency a 

10 funding allocation pursuant to a cooperative 

11 agreement under subsection (f). 

12 (3) REQUIRED ELEMENTS.—Each dam removal 

13 project recommended to the Secretary by the Coun14 cil shall— 

15 (A) include written consent of the dam 

16 owner for the dam removal project, if ownership 

17 is established; 

18 (B) meet 1 or more of the project purposes 

19 of— 

20 (i) protecting human health and safe21 ty; 

22 (ii) restoring aquatic habitat and 

23 riverine processes; 

24 (iii) increasing river connectivity and 

25 species access to aquatic habitat; 


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1 (iv) improving water quality; 

2 (v) enhancing commercial and rec3 reational fishing; 

4 (vi) enhancing river-based recreation; 

5 (vii) restoring nature-based infrastruc6 ture; and 

7 (viii) improving climate resilience; 

8 (C) include satisfactory assurance from 

9 any non-Federal interests proposing projects 

10 that the non-Federal interests will have or can 

11 reasonably acquire personnel and authority to 

12 adequately manage the project; and 

13 (D) demonstrate a commitment to obtain 

14 all required regulatory approvals and permits 

15 from all pertinent jurisdictions prior to project 

16 implementation. 

17 (4) FACTORS FOR SELECTION OF PROJECTS.— 

18 In selecting a dam removal project, the Secretary 

19 and participating agencies shall consider the fol20 lowing: 

21 (A) The capability of the non-Federal in22 terest to carry out the project in a technically 

23 feasible manner. 

24 (B) The extent to which the dam poses a 

25 significant public safety hazard. 


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1 (C) The extent to which the dam provides 

2 critical beneficial uses. 

3 (D) The extent to which the project pro4 vides multiple environmental and public bene5 fits, with priority given to a project that meets 

6 2 or more of the project purposes described in 

7 paragraph (3)(B). 

8 (E) The extent to which the project will be 

9 carried out in a cost-effective manner. 

10 (F) Any other factors that the Secretary 

11 and participating agencies determine to be rea12 sonable and necessary for consideration. 

13 (5) PRIORITIZATION FOR SELECTION OF

14 PROJECTS.—In selecting a dam removal project, the 

15 Secretary and participating agencies shall 

16 prioritize— 

17 (A) removal of dams that pose a signifi18 cant public safety hazard; and 

19 (B) non-powered dams the removal of 

20 which will provide significant ecological value. 

21 (d) EXECUTION OF PROJECTS AND ACTIVITIES.— 

22 (1) IN GENERAL.—A participating agency that 

23 receives assistance under this section may enter into 

24 cooperative agreements with non-Federal interests— 

25 (A) to carry out dam removal projects; 


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1 (B) to provide technical assistance; or 

2 (C) to provide assistance to a non-Federal 

3 technical assistance program. 

4 (2) NONGOVERNMENTAL ORGANIZATIONS.— 

5 Notwithstanding section 221(b) of the Flood Control 

6 Act of 1970 (42 U.S.C. 1962d–5b(b)), for any dam 

7 removal project, the Secretary, in consultation and 

8 coordination with appropriate State and local gov9 ernmental agencies, Indian Tribes, and any im10 pacted stakeholders, may allow a nongovernmental 

11 organization to serve as the non-Federal interest for 

12 the project. 

13 (3) PUBLIC NOTICE.—For any dam removal ac14 tivity carried out with a funding allocation, the par15 ticipating agency shall provide public notice in ac16 cordance with applicable regulations and require17 ments of the participating agency. 

18 (4) GEOGRAPHIC EQUITY.—To the maximum 

19 extent practicable, in carrying out activities under 

20 this title, participating agencies shall allocate 

21 amounts from the funding allocation of the agency 

22 equitably among regions of the United States. 

23 (e) ELIGIBLE COSTS.—A funding allocation may be 

24 used for all dam removal and related project needs, includ25 ing— 


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1 (1) engineering, scientific assessment, economic 

2 analysis, construction, project management, tech3 nical assistance, acquisition, liability insurance, mon4 itoring, regulatory compliance, updating flood haz5 ard mapping as needed for project implementation, 

6 project administration, infrastructure protection, 

7 and sediment management; 

8 (2) all stages of project planning and design; 

9 (3) Federal, State, Tribal, and non-Federal 

10 dam removal technical assistance programs to iden11 tify projects, complete initial project stages, train 

12 project managers and others involved in dam re13 moval projects, and provide technical assistance; 

14 (4) establishment of collaborative Federal teams 

15 to increase efficiency of evaluation and removal of 

16 federally owned dams; and 

17 (5) monitoring under subsection (h). 

18 (f) COOPERATIVE AGREEMENT.— 

19 (1) IN GENERAL.—The Secretary shall enter 

20 into a cooperative agreement with each participating 

21 agency to provide the funding allocation determined 

22 by the Secretary for the participating agency. 

23 (2) SUPPLEMENT, NOT SUPPLANT.—A funding 

24 allocation provided under this title shall supplement 


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1 and not supplant amounts otherwise made available 

2 to the participating agency. 

3 (g) FEDERAL SHARE.—The Federal share of the cost 

4 of a dam removal project carried out under this title shall 

5 be 100 percent, unless a different Federal share is re6 quired by the program of the participating agency under 

7 which the project is being carried out. 

8 (h) MONITORING.— 

9 (1) COSTS.—The costs of monitoring a dam re10 moval project— 

11 (A) shall be an eligible use of a funding al12 location; and 

13 (B) may be included in the total cost of 

14 the dam removal project. 

15 (2) GOALS.—The goals of monitoring referred 

16 to paragraph (1) shall be— 

17 (A) to measure the safety and effectiveness 

18 of the project; and 

19 (B) to allow adaptive management to en20 sure project success. 

21 SEC. 204. ESTABLISHMENT OF DAM REMOVAL COUNCIL. 

22 (a) COUNCIL.—There is established a council to be 

23 known as the ‘‘Dam Removal Council’’. 

24 (b) DUTIES.—The Council shall be responsible for— 


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1 (1) coordinating participating agencies to annu2 ally (or as otherwise determined by the Council)— 

3 (A) notify all known dam owners of the 

4 availability of dam removal funding, application 

5 procedures, and options for technical assistance; 

6 and 

7 (B) provide guidance on the existing pro8 grams of participating agencies; 

9 (2) evaluating the proposed dam removal 

10 projects, technical assistance programs, and funding 

11 allocations submitted by participating agencies 

12 under section 203(c)(1)(A)(ii); 

13 (3) submitting to the Secretary recommended 

14 dam removal projects, technical assistance programs, 

15 and funding allocations for participating agencies as 

16 described in section 203(c)(1)(B)(ii); 

17 (4) serving as a forum— 

18 (A) to identify and address limiting factors 

19 to removing dams; and 

20 (B) to address programmatic challenges; 

21 (5) providing advice on the development of the 

22 database and report required under section 207; and 

23 (6) collaborating with the agencies represented 

24 on the Council to maximize the benefits of this title. 

25 (c) MEMBERSHIP.— 


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1 (1) MEMBERS.—Subject to paragraph (2), the 

2 Council shall consist of the following members: 

3 (A) The Secretary. 

4 (B) The Director of the National Oceanic 

5 and Atmospheric Administration. 

6 (C) The Director of the United States Fish 

7 and Wildlife Service. 

8 (D) The Commissioner of the Bureau of 

9 Reclamation. 

10 (E) The Chief of the Natural Resources 

11 Conservation Service. 

12 (F) The Chief of the Forest Service. 

13 (G) The Administrator of the Federal 

14 Emergency Management Agency. 

15 (H) The Administrator of the Environ16 mental Protection Agency. 

17 (I) The Chair of the Council on Environ18 mental Quality. 

19 (J) The Chairman of the Federal Energy 

20 Regulatory Commission. 

21 (K) The Director of the Water Power 

22 Technologies Office of the Department of En23 ergy. 

24 (2) AUTHORITY TO CHANGE MEMBERSHIP.— 

25 The Council may modify the membership of the 


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1 Council to more effectively meet the purposes of this 

2 title. 

3 (3) COLLABORATION.—The Council may col4 laborate with other Federal agencies regarding the 

5 duties of the Council and recommend to the Sec6 retary to enter into agreements with those agencies 

7 to more effectively meet the purposes of this title, 

8 such as an agreement relating to the provision of 

9 data or research necessary to carry out dam removal 

10 projects. 

11 (4) COMPENSATION.—A member of the Council 

12 shall serve without compensation. 

13 (5) CHAIR.— 

14 (A) IN GENERAL.—The initial Chair of the 

15 Council shall be the Chair of the Council on 

16 Environmental Quality. 

17 (B) SUBSEQUENT CHAIRS.—Every 2 years, 

18 after completion of a report under section 207, 

19 the Council shall select a new Chair of the 

20 Council. 

21 (C) DUTIES.—The Chair shall coordinate 

22 with agencies represented on the Council— 

23 (i) to develop effective and efficient 

24 processes to identify, prioritize, and imple25 ment dam removal projects; and 


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1 (ii) to simplify and clarify the dam re2 moval process. 

3 (d) MEETINGS.— 

4 (1) FIRST MEETING.—The Chair shall convene 

5 the first meeting of the Council not later than 60 

6 days after the date of enactment of this Act. 

7 (2) ADDITIONAL MEETINGS.—The Chair shall 

8 convene additional meetings of the Council as appro9 priate to ensure that this title is fully carried out, 

10 but not less often than annually. 

11 (e) COUNCIL PROCEDURES.—The Council shall es12 tablish procedures for voting, the conduct of meetings, and 

13 other matters as appropriate. 

14 (f) PUBLIC PARTICIPATION.— 

15 (1) IN GENERAL.—Meetings of the Council 

16 shall be open to the public. 

17 (2) NOTICE.—The Council shall provide notice 

18 to the public of a meeting of the Council. 

19 (g) ADVICE.—The Council shall consult with the Ad20 visory Board— 

21 (1) to assist the Council in the development of 

22 the dam removal strategy to be developed under sec23 tion 206; 

24 (2) to provide input on project identification 

25 criteria; and 


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1 (3) to provide input on proportional distribution 

2 of funds to participating agencies. 

3 SEC. 205. ESTABLISHMENT OF DAM REMOVAL ADVISORY 

4 BOARD. 

5 (a) ADVISORY BOARD.—The Chair of the Council 

6 shall establish a Dam Removal Advisory Board to provide 

7 advice and recommendations on the implementation of this 

8 title. 

9 (b) MEMBERSHIP.—The Advisory Board shall include 

10 12 members appointed by the Chair, of whom— 

11 (1) 2 members shall be representatives of In12 dian Tribes; 

13 (2) 2 members shall be representatives of State 

14 government agencies that manage or provide funds 

15 for dam removal projects or regulate dam safety; 

16 (3) 3 members shall be representatives of non17 governmental organizations that manage or provide 

18 technical assistance for dam removal projects; 

19 (4) 2 members shall be representatives of non20 governmental organizations that work to improve 

21 dam safety practices; and 

22 (5) 3 members shall be representatives of orga23 nizations representing dam owners. 


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1 (c) NONAPPLICABILITY OF FACA.—The Federal Ad2 visory Committee Act (5 U.S.C. App.) shall not apply to 

3 the Advisory Board. 

4 SEC. 206. DAM REMOVAL STRATEGY. 

5 (a) IN GENERAL.—Not later than 18 months after 

6 the date of enactment of this Act, the Council shall de7 velop a dam removal strategy— 

8 (1) to ensure a comprehensive approach to re9 move dams that— 

10 (A) pose the greatest threat to public safe11 ty; 

12 (B) provide the greatest opportunity for 

13 environmental restoration; and 

14 (C) are consistent with efforts to address 

15 climate change and adaptation; 

16 (2) to maximize benefits derived from dam re17 moval projects; and 

18 (3) to foster the coordination of Federal and 

19 non-Federal activities related to dam removal. 

20 (b) GOAL.—The goal of the dam removal strategy 

21 under subsection (a) shall be to improve public safety and 

22 restore healthy rivers by reconnecting at least 10,000 

23 miles of river by 2026. 

24 (c) ELEMENTS OF STRATEGY.—The dam removal 

25 strategy under subsection (a) shall— 


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1 (1) identify limiting factors to completing dam 

2 removal projects and strategies for overcoming those 

3 limiting factors; 

4 (2) utilize the selection factors and priorities 

5 described in section 203(c); 

6 (3) optimize the benefits of dam removal activi7 ties, including basin-scale fish passage planning; 

8 (4) maximize the incentives for the creation of 

9 new public-private partnerships to carry out dam re10 moval projects and the use of Federal resources to 

11 encourage increased private sector involvement in 

12 dam removal projects; 

13 (5) identify opportunities for Federal agency 

14 collaboration to remove dams that are no longer 

15 needed from Federal land; 

16 (6) be consistent with dam removal, habitat res17 toration, and public safety plans; 

18 (7) promote dam removal projects— 

19 (A) to meet the criteria in section 

20 203(c)(3); and 

21 (B) to address other areas of concern that 

22 the Council determines to be appropriate for 

23 consideration; and 


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1 (8) provide recommendations for broad and eq2 uitable geographic distribution of projects funded 

3 under this title. 

4 (d) PUBLIC REVIEW AND COMMENT.—Before the 

5 Council adopts a dam removal strategy under subsection 

6 (a), the Council shall— 

7 (1) publish in the Federal Register a draft of 

8 the dam removal strategy; and 

9 (2) provide an opportunity for public review and 

10 comment. 

11 (e) NO DELAY OF DAM REMOVAL PROJECTS.—De12 velopment of the dam removal strategy under subsection 

13 (a)— 

14 (1) shall occur concurrently with implementa15 tion of dam removal projects and technical assist16 ance under this Act; and 

17 (2) shall not delay progress of those projects 

18 and activities. 

19 (f) PERIODIC REVISION.—Using data and informa20 tion developed through project monitoring and manage21 ment, and other relevant information, the Council may pe22 riodically review and update, as necessary, the dam re23 moval strategy under subsection (a). 


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1 SEC. 207. REPORTING. 

2 (a) IN GENERAL.—Not later than 2 years after the 

3 date of enactment of this Act, and every 2 years there4 after, the Secretary, after considering the advice and rec5 ommendations of the Council and Advisory Board, shall 

6 submit to Congress a report on the activities carried out 

7 under this title. 

8 (b) CONTENTS OF REPORT.—A report under sub9 section (a) shall include— 

10 (1) data on— 

11 (A) the number of dams removed, river 

12 miles opened, public safety benefits, and aquatic 

13 ecosystem benefits achieved through projects 

14 under this title; and 

15 (B) participating agency expenditures, 

16 project costs, and descriptions of projects se17 lected, in progress, and completed under this 

18 title; 

19 (2) a review of project expenses, identifying 

20 areas of opportunity for reducing future project ex21 penses; 

22 (3) a review of how the information described 

23 in paragraphs (1) and (2) will be incorporated into 

24 the selection and implementation of new dam re25 moval projects; 


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1 (4) a review of efforts made to maintain an ap2 propriate database of dam removal projects carried 

3 out under this title; and 

4 (5) a review of the measures taken to provide 

5 the information described in paragraphs (1) through 

6 (3) to Federal agencies with responsibility for assist7 ing in the dam removals. 

8 SEC. 208. FUNDING. 

9 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this title 

11 $7,500,000,000, to remain available until expended. 

12 (b) TECHNICAL ASSISTANCE FUNDING ALLOCA13 TIONS.—Of the amounts made available under subsection 

14 (a)— 

15 (1) not less than $50,000,000 shall be allocated 

16 for the costs of administration, environmental com17 pliance, and technical assistance to carry out this 

18 title; and 

19 (2) not less than $30,000,000 shall be allocated 

20 to non-Federal dam removal technical assistance 

21 programs. 

22 (c) SET-ASIDE FOR ADMINISTRATIVE EXPENSES OF

23 THE COUNCIL.—Of the amounts made available under 

24 subsection (a) for each fiscal year, the Secretary shall use 

25 for administration and operating costs of the Council and 


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1 for development of the report under section 207, including 

2 the collection and maintenance of dam removal project 

3 data, the lesser of— 

4 (1) 3 percent; and 

5 (2) $1,500,000. 

6 SEC. 209. GENERAL PROVISIONS. 

7 (a) AGENCY CONSULTATION AND COORDINATION.— 

8 In carrying out this title, the Secretary shall, as necessary, 

9 consult with, cooperate with, and coordinate activities with 

10 the activities of other Federal agencies. 

11 (b) COOPERATIVE AGREEMENTS; MEMORANDA OF

12 UNDERSTANDING.—In carrying out this title, the Sec13 retary and other Federal agencies, as appropriate, may— 

14 (1) enter into cooperative agreements or con15 tracts with Federal, State, and local government 

16 agencies, nongovernmental organizations, and other 

17 entities; and 

18 (2) execute such memoranda of understanding 

19 as are necessary to reflect the agreements. 

20 (c) FEDERAL AGENCY FACILITIES AND PER21 SONNEL.—Federal agencies may— 

22 (1) cooperate in carrying out scientific and 

23 other programs necessary to carry out this title; and 


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1 (2) provide facilities and personnel for the pur2 pose of assisting the Council in carrying out the du3 ties of the Council under this title. 

4 TITLE III—REIMAGINED 

5 FEDERAL DAMS 

6 SEC. 301. NATIONAL DAM ASSESSMENT. 

7 (a) IN GENERAL.—The National dam assessment will 

8 assimilate data to provide for stakeholders to determine 

9 whether a dam may be an appropriate candidate to re10 move, upgrade, enhance environmental performance, or 

11 retrofit for hydropower production. The assessment is in12 tended for data gathering and analysis tools and will not 

13 make recommendations on individual dams. 

14 (b) DAM ASSESSMENTS AND DATA GATHERING.— 

15 (1) IN GENERAL.—The United States Geologi16 cal Survey and the Department of Energy (Lead 

17 agencies) shall jointly conduct an assessment of the 

18 nation’s dam infrastructure, including government 

19 and privately owned powered and non-powered 

20 dams. In conducting its assessment, the Lead agen21 cies shall consult with other Federal and State gov22 ernment agencies, including the Corps of Engineers, 

23 the Bureau of Reclamation, the Federal Energy 

24 Regulatory Commission, the Federal Emergency 

25 Management Agency, the United States Fish and 


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1 Wildlife Service, the National Oceanic Atmospheric 

2 Administration, State dam safety officials, and other 

3 stakeholders. 

4 (2) PURPOSE.—The purpose of the assessment 

5 is to integrate existing data to help stakeholders 

6 identify— 

7 (A) dams that continue to serve vital roles 

8 and may be priorities for upgrades, environ9 mental performance enhancements, or retrofits 

10 to add or replace generation at powered and 

11 non-powered facilities; and 

12 (B) dams that may have been abandoned, 

13 have reached the end of their useful life, or oth14 erwise may be candidates for removal and river 

15 restoration. 

16 (3) CONTENT.— 

17 (A) The Lead agencies shall, in consulta18 tion with the other Federal and State agencies, 

19 the Dam Removal Council established under 

20 section 304, as well as other stakeholders, de21 velop a set of data and other factors relevant to 

22 dam upgrades, retrofit and removal, including 

23 but not limited to age, height, water flow, haz24 ard classifications, condition assessment, envi25 ronmental improvement opportunities, climate 


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1 change risks, known functions and other factors 

2 determined by the Lead agencies to meet the 

3 goals of the assessment. 

4 (B) At the time of submission of the report 

5 to Congress, the Lead agencies shall make the 

6 assessment publicly available in a written and 

7 an electronically searchable format. 

8 (C) The Lead agencies shall, to the extent 

9 possible, compile pre-existing information from 

10 Federal and State government sources and 

11 avoid duplicating existing assessments of any 

12 particular dam, facility, or project. 

13 SEC. 302. FEDERAL DAM ASSESSMENTS. 

14 (a) IN GENERAL.—Federal agencies that own dams 

15 shall assess their dams to identify which should be re16 moved, upgraded, enhanced for environmental perform17 ance, or retrofitted for hydropower production. 

18 (b) CRITERIA.—The lead agencies under section 

19 301(b) will work with dam-owning Federal agencies and 

20 the Dam Removal Council to develop criteria for agencies 

21 to use to complete the assessments. 

22 (c) ASSESSMENT.—Using the criteria from sub23 section (b), Federal agencies that own dams shall assess 

24 their dams to identify those appropriate for the outcomes 


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1 in subsection (a) or other outcomes determined by the lead 

2 agencies. 

3 (d) OUTCOMES.—Those outcomes identified by the 

4 assessment should not be compelled, but should inform fu5 ture action by the agencies. 

6 SEC. 303. REPORT. 

7 The Secretary shall submit to the Committees on En8 ergy and Commerce, Resources, and Transportation and 

9 Infrastructure of the House of Representatives and the 

10 Committee on Energy and Natural Resources of the Sen11 ate a report on the findings and conclusions of the assess12 ments under this section by not later than 18 months after 

13 the date of the enactment of this Act. The assessment and 

14 report to Congress shall be updated every 3 years there15 after. 

16 SEC. 304. INVESTING IN FEDERAL DAM INFRASTRUCTURE. 

17 (a) CORPS OF ENGINEERS.— 

18 (1) IN GENERAL.—There is authorized to be 

19 appropriated to the Corps of Engineers 

20 $1,600,000,000 for fiscal years 2022 through 2026 

21 for the following dam related activities: 

22 (A) Safety improvements, including con23 crete repair, tunnel work, and gate repair and 

24 replacement. 


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1 (B) Environmental improvements, includ2 ing fish passage, environmental flows, water 

3 quality, temperature, and dissolved oxygen up4 grades. 

5 (C) Hydropower unit maintenance and up6 grades. 

7 (D) Transmission, distribution, and sub8 station upgrades. 

9 (E) Control room upgrades. 

10 (F) Efficiency, flexibility, and capacity im11 provements. 

12 (G) Deployment of innovative technologies, 

13 none of the funds authorized under this section 

14 shall have to be recouped by the Corps of Engi15 neers. 

16 (H) Evaluation to address disposition to 

17 appropriately direct expenditures. 

18 (I) Backlogged maintenance and operation 

19 activities. 

20 (2) NO RECOUPMENT.—Notwithstanding any 

21 other provision of law, the Corps of Engineers shall 

22 not be required to recoup any amounts authorized 

23 under this subsection. 

24 (b) BUREAU OF RECLAMATION.— 


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1 (1) IN GENERAL.—There is authorized to be 

2 appropriated to the Bureau of Reclamation 

3 $400,000,000 for each of fiscal years 2022 through 

4 2026 for the following dam-related activities: 

5 (A) Safety improvements, including con6 crete repair, tunnel work, and gate repair and 

7 replacement. 

8 (B) Environmental improvements, includ9 ing fish passage, environmental flows, water 

10 quality, temperature, and dissolved oxygen up11 grades. 

12 (C) Hydropower unit maintenance and up13 grades. 

14 (D) Transmission, distribution, and sub15 station upgrades. 

16 (E) Control room upgrades. 

17 (F) Backlogged operations and mainte18 nance activities. 

19 (G) Upgrades, efficiency, flexibility, and 

20 capacity improvements. 

21 (H) Deployment of innovative technologies. 

22 (I) Evaluation to address disposition to ap23 propriately direct expenditures. 

24 (2) NO RECOUPMENT.—Notwithstanding any 

25 other provision of law, the Bureau of Reclamation 


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1 shall not be required to recoup any amounts author2 ized under this subsection. 

3 (c) UNITED STATES FOREST SERVICE.—There is au4 thorized to be appropriated to the United States Forest 

5 Service $70,000,000 for each of fiscal years 2022 through 

6 2026 for the following dam-related activities: 

7 (1) Safety improvements. 

8 (2) Environmental improvements. 

9 (3) Backlogged operations and maintenance ac10 tivities. 

11 (4) Upgrades, efficiency, flexibility, and capac12 ity improvements. 

13 (5) Deployment of innovative technologies. 

14 (6) Evaluation to address disposition to appro15 priately direct expenditures. 

16 (d) BUREAU OF INDIAN AFFAIRS.— 

17 (1) IN GENERAL.—There is authorized to be 

18 appropriated to the Bureau of Indian Affairs 

19 $130,000,000 for each of fiscal years 2022 through 

20 2026 for the following dam-related activities: 

21 (A) Safety and environmental improve22 ments. 

23 (B) Backlogged operations and mainte24 nance activities. 


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1 (C) Upgrades, efficiency, flexibility, and 

2 capacity improvements. 

3 (D) Deployment of innovative technologies. 

4 (E) Evaluation to address disposition to 

5 appropriately direct expenditures. 

6 (2) NO RECOUPMENT.—Notwithstanding any 

7 other provision of law, the Bureau of Indian Affairs 

8 shall not be required to recoup any amounts author9 ized under this subsection. 

10 (e) DEPARTMENT OF ENERGY.—There is authorized 

11 to be appropriated to the Department of Energy 

12 $50,000,000 for each of fiscal years 2022 through 2026 

13 for the following activities: 

14 (1) An assessment of the dam infrastructure of 

15 the United States under section 301(b). 

16 (2) Research, development, and deployment to 

17 support— 

18 (A) innovative waterpower technologies; 

19 (B) technologies to improve retrofitting 

20 and rehabilitating hydropower dams; and 

21 (C) furthering the contribution of hydro22 power to grid resilience. 

Æ 


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