I 
116TH CONGRESS 
2D SESSION 
H. R. 6985 
To amend the National Dam Safety Program Act to expand eligibility for 
the rehabilitation of high hazard potential dam program, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 22, 2020 
Mr. SEAN PATRICK MALONEY of New York introduced the following bill; 
which was referred to the Committee on Transportation and Infrastructure 
A BILL 
To amend the National Dam Safety Program Act to expand 
eligibility for the rehabilitation of high hazard potential 
dam program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Dam Safety Improve-
ment Act’’. 
SEC. 2. REHABILITATION OF HIGH HAZARD POTENTIAL 
DAMS. 
(a) DEFINITIONS.—Section 2 of the National Dam 
Safety Program Act (33 U.S.C. 467) is amended— 
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(1) by striking paragraph (10); 
(2) by redesignating paragraphs (11) and (16) 
as paragraphs (10) and (17), respectively; 
(3) in paragraph (4)— 
(A) in subparagraph (A)— 
(i) in clause (iii)— 
(I) by striking ‘‘and’’ at the end 
and inserting ‘‘or’’; 
(II) by striking the clause des-
ignation and inserting ‘‘(iii)(I)’’; and 
(III) by adding at the end the 
following: 
‘‘(II) if the dam is in a State that by 
law requires an emergency action plan to 
comply with FEMA guidelines and to be 
approved by an authorized State agency, 
the dam— 
‘‘(aa) was identified as having an 
emergency action plan in the inven-
tory of dams maintained under section 
6 before the State required the emer-
gency action plan to comply with 
FEMA guidelines and to be approved 
by an authorized State agency; and 
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‘‘(bb) as of the date on which, for 
each fiscal year, funds for assistance 
under section 8A are distributed 
under subsection (g)(2) of that sec-
tion, has an updated emergency action 
plan that— 
‘‘(AA) is in conformance 
with State law; and 
‘‘(BB) is pending approval 
by the authorized State agency; 
and’’; and 
(ii) in clause (iv)(II), by inserting be-
fore the period at the end ‘‘, as determined 
by the Administrator, in consultation with 
the Board’’; and 
(B) in subparagraph (B)(i), by striking 
‘‘dam;’’ and inserting ‘‘dam under a hydro-
power project with an authorized installed ca-
pacity of greater than 1.5 megawatts;’’; 
(4) by inserting after paragraph (10) (as so re-
designated) the following: 
‘‘(11) RECIPIENT.—The term ‘recipient’ means 
the entity applying for, receiving, and distributing to 
subrecipients the assistance under section 8A.’’; and 
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(5) by inserting after paragraph (15) the fol-
lowing: 
‘‘(16) SUBRECIPIENT.—The term ‘subrecipient’, 
with respect to a project at a dam for which the as-
sistance under section 8A is sought, means an entity 
that— 
‘‘(A) receives the assistance for the project 
from a recipient; and 
‘‘(B)(i) if the owner of the dam is a gov-
ernmental organization or a nonprofit organiza-
tion, is the owner; or 
‘‘(ii) if the owner of the dam is not a gov-
ernmental organization or a nonprofit organiza-
tion, is a governmental organization or non-
profit organization seeking the assistance on be-
half of the owner.’’. 
(b) REHABILITATION OF HIGH HAZARD POTENTIAL 
DAMS.—Section 8A of the National Dam Safety Program 
Act (33 U.S.C. 467f–2) is amended— 
(1) in subsection (a), by striking ‘‘non-Federal 
sponsors’’ and inserting ‘‘recipients’’; 
(2) in subsection (c)— 
(A) in paragraph (1)(A), by striking ‘‘non- 
Federal sponsor’’ and inserting ‘‘recipient’’; and 
(B) in paragraph (2)— 
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(i) in subparagraph (A), by striking 
‘‘non-Federal sponsor’’ and inserting ‘‘re-
cipient’’; 
(ii) in subparagraph (B)— 
(I) in the subparagraph heading, 
by striking ‘‘PROJECT GRANT’’ and in-
serting ‘‘GRANT’’; 
(II) by striking ‘‘a project grant 
agreement with the non-Federal spon-
sor’’ and inserting ‘‘a grant agree-
ment with the recipient’’; and 
(III) by inserting ‘‘for which the 
grant is provided’’ after ‘‘the project’’; 
(iii) by striking subparagraph (C) and 
inserting the following: 
‘‘(C) GRANT
ASSURANCE.—As part of a 
grant agreement under subparagraph (B), the 
Administrator shall require that each sub-
recipient for the applicable project provides an 
assurance that the subrecipient will carry out a 
plan for maintenance of the dam to be rehabili-
tated under the grant agreement during the ex-
pected life of the dam.’’; and 
(iv) in subparagraph (D), in the mat-
ter preceding clause (i), by striking ‘‘A 
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grant provided under this section shall not 
exceed the lesser’’ and inserting ‘‘A sub-
recipient that receives assistance from a 
grant provided under this section shall not 
receive, for any 1 dam, assistance that ex-
ceeds the lesser’’; 
(3) in subsection (d)— 
(A) in paragraph (2)— 
(i) in the paragraph heading, by strik-
ing ‘‘NON-FEDERAL SPONSOR’’ and insert-
ing ‘‘SUBRECIPIENT’’; 
(ii) in the matter preceding subpara-
graph (A), by striking ‘‘To receive’’ and all 
that follows through ‘‘shall’’ and inserting 
‘‘To receive assistance, a subrecipient 
shall’’; 
(iii) in subparagraph (A), by striking 
‘‘participate in, and comply with,’’ and in-
serting ‘‘demonstrate that the community 
in which the dam is located participates in, 
and complies with,’’; 
(iv) in subparagraph (B), in the mat-
ter preceding clause (i), by striking ‘‘have’’ 
and inserting ‘‘not later than 2 years after 
the development of criteria for such a plan 
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by the Administrator, in consultation with 
the Board, under paragraph (3), dem-
onstrate that the applicable local or Tribal 
government has’’; and 
(v) in subparagraph (C), by striking 
‘‘50-year period’’ and inserting ‘‘expected 
life of the dam’’; and 
(B) by adding at the end the following: 
‘‘(3) HAZARD
MITIGATION
PLAN
CRITERIA.— 
The Administrator shall develop criteria for hazard 
mitigation plans under paragraph (2)(B). 
‘‘(4) RECOVERY OF FUNDS.—In the event that 
a grant is awarded under this section for which re-
quired activities may be completed after the date on 
which the grant is awarded, the Administrator may 
seek to recoup the amounts awarded under the grant 
if those activities are not completed within the appli-
cable time period.’’; 
(4) in subsection (e)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘non-Federal spon-
sor’’ and inserting ‘‘subrecipient’’; and 
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(ii) in subparagraph (B), by striking 
‘‘1 year’’ each place it appears and insert-
ing ‘‘2 years’’; and 
(B) in paragraph (3)— 
(i) in the paragraph heading, by strik-
ing ‘‘TECHNICAL’’ and inserting ‘‘PLAN 
CRITERIA AND TECHNICAL’’; and 
(ii) by striking ‘‘The Administrator 
may provide’’ and inserting ‘‘The Adminis-
trator, in consultation with the Board, 
shall provide criteria and may provide’’; 
and 
(5) in subsection (i)(1), in the matter preceding 
subparagraph (A), by striking ‘‘non-Federal spon-
sor’’ and inserting ‘‘subrecipient’’. 
Æ 
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