(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to any obsolete river obstruction 
removal expenditures (as defined in section 45U of the In-
ternal Revenue Code of 1986, as added by this section) 
incurred after the date of the enactment of this Act. 
TITLE III—RESTORE RIVER ECO-
SYSTEMS 
THROUGH 
DAM 
ABATEMENTS 
SEC. 301. PURPOSES. 
The purposes of this title are to establish an inter-
agency advisory council, a Tribal and stakeholder advisory 
board, and to provide funding to remove publicly owned 
and privately owned dams with the consent of dam own-
ers— 
(1) to reduce public safety risks associated with 
aging dams; 
(2) to promote the restoration of riverine habi-
tat for native species of fish and wildlife; 
(3) to provide for the movement of aquatic spe-
cies and restoration of migratory fish populations; 
(4) to improve water quality; and 
(5) to increase climate resilience. 
SEC. 302. DEFINITIONS. 
In this title: 
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(1) ADVISORY
BOARD.—The term ‘‘Advisory 
Board’’ means the Dam Removal Advisory Board es-
tablished under section 305. 
(2) AQUATIC
HABITAT.—The term ‘‘aquatic 
habitat’’ means the preferred in-stream, floodplain, 
or riparian wetland habitat of all life stages of native 
aquatic species. 
(3) AQUATIC
SPECIES
PASSAGE.—The term 
‘‘aquatic species passage’’ means the ability of all 
species endemic to a watershed, and all life stages 
of those species, to freely access upstream and down-
stream aquatic habitat for the purposes of spawning, 
rearing, or other life cycle needs. 
(4) CLIMATE RESILIENCE.—The term ‘‘climate 
resilience’’ means the ability for humans, eco-
systems, and all species to adapt to and recover 
from disturbances related to climate change, includ-
ing increased severity and frequency of floods, 
droughts, and changes to thermal regimes. 
(5) COUNCIL.—The term ‘‘Council’’ means the 
Dam Removal Council established under section 
304. 
(6) DAM.—The term ‘‘dam’’ means a human- 
made structure that— 
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(A) spans the width of a river or stream 
(or does not currently span the width of a river 
or stream due to damage or intentional breach, 
but was originally constructed to do so); and 
(B) was constructed to raise the water 
level, divert water, or store water for a variety 
of purposes. 
(7) DAM REMOVAL PROJECT.— 
(A) IN
GENERAL.—The term ‘‘dam re-
moval project’’ means a project to permanently 
remove the full vertical extent of a dam struc-
ture of a dam described in subparagraph (B) to 
a minimum horizontal width needed to protect 
public safety, restore natural river function, and 
reconnect aquatic species passage, unless site 
conditions prevent that removal width. 
(B) DAMS DESCRIBED.—A dam referred to 
in subparagraph (A) is— 
(i) a non-federally owned powered 
dam; 
(ii) a non-federally owned non-pow-
ered dam; or 
(iii) a Federal non-powered dam the 
removal of which is authorized by Con-
gress, if applicable. 
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(8) FUNDING ALLOCATION.—The term ‘‘fund-
ing allocation’’ means amounts provided, out of 
amounts made available to carry out this title, by 
the Secretary to a participating agency to carry out 
the purposes of this title. 
(9) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(10) 
NON-FEDERAL
INTEREST.—The 
term 
‘‘non-Federal interest’’ means— 
(A) a State; 
(B) a political subdivision of a State; 
(C) an Indian Tribe; 
(D) a non-Federal dam owner, or a rep-
resentative; 
(E) a regional or interstate agency; and 
(F) as provided in section 303(d)(2), a 
nongovernmental organization. 
(11) PARTICIPATING AGENCY.— 
(A) IN
GENERAL.—The term ‘‘partici-
pating agency’’ means a Federal agency— 
(i) that owns 1 or more dams or has 
jurisdiction over a grant program under 
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which dam removal is an eligible activity; 
and 
(ii) that has authority— 
(I) to conduct dam removal 
projects; or 
(II) to provide technical assist-
ance and grants for development, 
planning, and implementation of dam 
removal projects. 
(B) INCLUSION.—The term ‘‘participating 
agency’’ includes the Department of the Army. 
(12) PRIVATELY OWNED DAM.—The term ‘‘pri-
vately owned dam’’ means a dam that is owned by 
1 or more non-governmental entities. 
(13) PUBLIC
SAFETY
HAZARD.—The term 
‘‘public safety hazard’’ means the risk to individuals 
pertaining to a dam, including loss of life or destruc-
tion of private or public property, as a result of the 
structural failure or misoperation of a dam, or by a 
person who accesses the dam by foot or in a boat. 
(14) PUBLICLY OWNED DAM.— 
(A) IN
GENERAL.—The term ‘‘publicly 
owned dam’’ means a dam that is owned by a 
public entity such as a government agency, po-
litical subdivision, special purpose district, or 
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other public entity established under Federal or 
State law. 
(B) 
EXCLUSION.—The 
term 
‘‘publicly 
owned dam’’ does not include a Federal pow-
ered dam. 
(15) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Army. 
(16) STATE.—The term ‘‘State’’ means— 
(A) a State; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
(D) the Commonwealth of the Northern 
Mariana Islands; 
(E) the United States Virgin Islands; 
(F) American Samoa; and 
(G) Guam. 
SEC. 303. DAM REMOVAL PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a dam removal program to carry out dam removal projects 
and provide technical assistance through the award of con-
tracts and cooperative agreements in accordance with this 
title. 
(b) ELIGIBLE ACTIVITIES.—An activity eligible to be 
carried out with a funding allocation is— 
(1) a dam removal project; and 
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reasonably acquire personnel and authority to 
adequately manage the project; and 
(D) demonstrate a commitment to obtain 
all required regulatory approvals and permits 
from all pertinent jurisdictions prior to project 
implementation. 
(4) FACTORS FOR SELECTION OF PROJECTS.— 
In selecting a dam removal project, the Secretary 
and participating agencies shall consider the fol-
lowing: 
(A) The capability of the non-Federal in-
terest to carry out the project in a technically 
feasible manner. 
(B) The extent to which the dam poses a 
significant public safety hazard. 
(C) The extent to which the dam provides 
critical beneficial uses. 
(D) The extent to which the project pro-
vides multiple environmental and public bene-
fits, with priority given to a project that meets 
2 or more of the project purposes described in 
paragraph (3)(B). 
(E) The extent to which the project will be 
carried out in a cost-effective manner. 
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(F) Any other factors that the Secretary 
and participating agencies determine to be rea-
sonable and necessary for consideration. 
(5) 
PRIORITIZATION
FOR
SELECTION
OF 
PROJECTS.—In selecting a dam removal project, the 
Secretary 
and 
participating 
agencies 
shall 
prioritize— 
(A) removal of dams that pose a signifi-
cant public safety hazard; and 
(B) non-powered dams the removal of 
which will provide significant ecological value. 
(d) EXECUTION OF PROJECTS AND ACTIVITIES.— 
(1) IN GENERAL.—A participating agency that 
receives assistance under this section may enter into 
cooperative agreements with non-Federal interests— 
(A) to carry out dam removal projects; 
(B) to provide technical assistance; or 
(C) to provide assistance to a non-Federal 
technical assistance program. 
(2) 
NONGOVERNMENTAL
ORGANIZATIONS.— 
Notwithstanding section 221(b) of the Flood Control 
Act of 1970 (42 U.S.C. 1962d–5b(b)), for any dam 
removal project, the Secretary, in consultation and 
coordination with appropriate State and local gov-
ernmental agencies, Indian Tribes, and any im-
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pacted stakeholders, may allow a nongovernmental 
organization to serve as the non-Federal interest for 
the project. 
(3) PUBLIC NOTICE.—For any dam removal ac-
tivity carried out with a funding allocation, the par-
ticipating agency shall provide public notice in ac-
cordance with applicable regulations and require-
ments of the participating agency. 
(4) GEOGRAPHIC
EQUITY.—To the maximum 
extent practicable, in carrying out activities under 
this title, participating agencies shall allocate 
amounts from the funding allocation of the agency 
equitably among regions of the United States. 
(e) ELIGIBLE COSTS.—A funding allocation may be 
used for all dam removal and related project needs, includ-
ing— 
(1) engineering, scientific assessment, economic 
analysis, construction, project management, tech-
nical assistance, acquisition, liability insurance, mon-
itoring, regulatory compliance, updating flood haz-
ard mapping as needed for project implementation, 
project administration, infrastructure protection, 
and sediment management; 
(2) all stages of project planning and design; 
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(3) Federal, State, Tribal, and non-Federal 
dam removal technical assistance programs to iden-
tify projects, complete initial project stages, train 
project managers and others involved in dam re-
moval projects, and provide technical assistance; 
(4) establishment of collaborative Federal teams 
to increase efficiency of evaluation and removal of 
federally owned dams; and 
(5) monitoring under subsection (h). 
(f) COOPERATIVE AGREEMENT.— 
(1) IN
GENERAL.—The Secretary shall enter 
into a cooperative agreement with each participating 
agency to provide the funding allocation determined 
by the Secretary for the participating agency. 
(2) SUPPLEMENT, NOT SUPPLANT.—A funding 
allocation provided under this title shall supplement 
and not supplant amounts otherwise made available 
to the participating agency. 
(g) FEDERAL SHARE.—The Federal share of the cost 
of a dam removal project carried out under this title shall 
be 100 percent, unless a different Federal share is re-
quired by the program of the participating agency under 
which the project is being carried out. 
(h) MONITORING.— 
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(1) COSTS.—The costs of monitoring a dam re-
moval project— 
(A) shall be an eligible use of a funding al-
location; and 
(B) may be included in the total cost of 
the dam removal project. 
(2) GOALS.—The goals of monitoring referred 
to paragraph (1) shall be— 
(A) to measure the safety and effectiveness 
of the project; and 
(B) to allow adaptive management to en-
sure project success. 
SEC. 304. ESTABLISHMENT OF DAM REMOVAL COUNCIL. 
(a) COUNCIL.—There is established a council to be 
known as the ‘‘Dam Removal Council’’. 
(b) DUTIES.—The Council shall be responsible for— 
(1) coordinating participating agencies to annu-
ally (or as otherwise determined by the Council)— 
(A) notify all known dam owners of the 
availability of dam removal funding, application 
procedures, and options for technical assistance; 
and 
(B) provide guidance on the existing pro-
grams of participating agencies; 
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(2) evaluating the proposed dam removal 
projects, technical assistance programs, and funding 
allocations submitted by participating agencies 
under section 303(c)(1)(A)(ii); 
(3) submitting to the Secretary recommended 
dam removal projects, technical assistance programs, 
and funding allocations for participating agencies as 
described in section 303(c)(1)(B)(ii); 
(4) serving as a forum— 
(A) to identify and address limiting factors 
to removing dams; and 
(B) to address programmatic challenges; 
(5) providing advice on the development of the 
database and report required under section 307; and 
(6) collaborating with the agencies represented 
on the Council to maximize the benefits of this title. 
(c) MEMBERSHIP.— 
(1) MEMBERS.—Subject to paragraph (2), the 
Council shall consist of the following members: 
(A) The Secretary. 
(B) The Director of the National Oceanic 
and Atmospheric Administration. 
(C) The Director of the United States Fish 
and Wildlife Service. 
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(D) The Commissioner of the Bureau of 
Reclamation. 
(E) The Chief of the Natural Resources 
Conservation Service. 
(F) The Chief of the Forest Service. 
(G) The Administrator of the Federal 
Emergency Management Agency. 
(H) The Administrator of the Environ-
mental Protection Agency. 
(I) The Chair of the Council on Environ-
mental Quality. 
(J) The Chairman of the Federal Energy 
Regulatory Commission. 
(K) The Director of the Water Power 
Technologies Office of the Department of En-
ergy. 
(2) AUTHORITY
TO
CHANGE
MEMBERSHIP.— 
The Council may modify the membership of the 
Council to more effectively meet the purposes of this 
title. 
(3) COLLABORATION.—The Council may col-
laborate with other Federal agencies regarding the 
duties of the Council and recommend to the Sec-
retary to enter into agreements with those agencies 
to more effectively meet the purposes of this title, 
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such as an agreement relating to the provision of 
data or research necessary to carry out dam removal 
projects. 
(4) COMPENSATION.—A member of the Council 
shall serve without compensation. 
(5) CHAIR.— 
(A) IN GENERAL.—The initial Chair of the 
Council shall be the Chair of the Council on 
Environmental Quality. 
(B) SUBSEQUENT CHAIRS.—Every 2 years, 
after completion of a report under section 307, 
the Council shall select a new Chair of the 
Council. 
(C) DUTIES.—The Chair shall coordinate 
with agencies represented on the Council— 
(i) to develop effective and efficient 
processes to identify, prioritize, and imple-
ment dam removal projects; and 
(ii) to simplify and clarify the dam re-
moval process. 
(d) MEETINGS.— 
(1) FIRST MEETING.—The Chair shall convene 
the first meeting of the Council not later than 60 
days after the date of enactment of this Act. 
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(2) ADDITIONAL MEETINGS.—The Chair shall 
convene additional meetings of the Council as appro-
priate to ensure that this title is fully carried out, 
but not less often than annually. 
(e) COUNCIL PROCEDURES.—The Council shall es-
tablish procedures for voting, the conduct of meetings, and 
other matters as appropriate. 
(f) PUBLIC PARTICIPATION.— 
(1) IN
GENERAL.—Meetings of the Council 
shall be open to the public. 
(2) NOTICE.—The Council shall provide notice 
to the public of a meeting of the Council. 
(g) ADVICE.—The Council shall consult with the Ad-
visory Board— 
(1) to assist the Council in the development of 
the dam removal strategy to be developed under sec-
tion 306; 
(2) to provide input on project identification 
criteria; and 
(3) to provide input on proportional distribution 
of funds to participating agencies. 
SEC. 305. ESTABLISHMENT OF DAM REMOVAL ADVISORY 
BOARD. 
(a) ADVISORY BOARD.—The Chair of the Council 
shall establish a Dam Removal Advisory Board to provide 
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advice and recommendations on the implementation of this 
title. 
(b) MEMBERSHIP.—The Advisory Board shall include 
12 members appointed by the Chair, of whom— 
(1) 2 members shall be representatives of In-
dian Tribes; 
(2) 2 members shall be representatives of State 
government agencies that manage or provide funds 
for dam removal projects or regulate dam safety; 
(3) 3 members shall be representatives of non-
governmental organizations that manage or provide 
technical assistance for dam removal projects; 
(4) 2 members shall be representatives of non-
governmental organizations that work to improve 
dam safety practices; and 
(5) 3 members shall be representatives of orga-
nizations representing dam owners. 
(c) NONAPPLICABILITY OF FACA.—The Federal Ad-
visory Committee Act (5 U.S.C. App.) shall not apply to 
the Advisory Board. 
SEC. 306. DAM REMOVAL STRATEGY. 
(a) IN GENERAL.—Not later than 18 months after 
the date of enactment of this Act, the Council shall de-
velop a dam removal strategy— 
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(1) to ensure a comprehensive approach to re-
move dams that— 
(A) pose the greatest threat to public safe-
ty; 
(B) provide the greatest opportunity for 
environmental restoration; and 
(C) are consistent with efforts to address 
climate change and adaptation; 
(2) to maximize benefits derived from dam re-
moval projects; and 
(3) to foster the coordination of Federal and 
non-Federal activities related to dam removal. 
(b) GOAL.—The goal of the dam removal strategy 
under subsection (a) shall be to improve public safety and 
restore healthy rivers by reconnecting at least 10,000 
miles of river by 2031. 
(c) ELEMENTS OF STRATEGY.—The dam removal 
strategy under subsection (a) shall— 
(1) identify limiting factors to completing dam 
removal projects and strategies for overcoming those 
limiting factors; 
(2) utilize the selection factors and priorities 
described in section 303(c); 
(3) optimize the benefits of dam removal activi-
ties, including basin-scale fish passage planning; 
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(4) maximize the incentives for the creation of 
new public-private partnerships to carry out dam re-
moval projects and the use of Federal resources to 
encourage increased private sector involvement in 
dam removal projects; 
(5) identify opportunities for Federal agency 
collaboration to remove dams that are no longer 
needed from Federal land; 
(6) be consistent with dam removal, habitat res-
toration, and public safety plans; 
(7) promote dam removal projects— 
(A) to meet the criteria in section 
303(c)(3); and 
(B) to address other areas of concern that 
the Council determines to be appropriate for 
consideration; and 
(8) provide recommendations for broad and eq-
uitable geographic distribution of projects funded 
under this title. 
(d) PUBLIC REVIEW AND COMMENT.—Before the 
Council adopts a dam removal strategy under subsection 
(a), the Council shall— 
(1) publish in the Federal Register a draft of 
the dam removal strategy; and 
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(2) provide an opportunity for public review and 
comment. 
(e) NO DELAY OF DAM REMOVAL PROJECTS.—De-
velopment of the dam removal strategy under subsection 
(a)— 
(1) shall occur concurrently with implementa-
tion of dam removal projects and technical assist-
ance under this Act; and 
(2) shall not delay progress of those projects 
and activities. 
(f) PERIODIC REVISION.—Using data and informa-
tion developed through project monitoring and manage-
ment, and other relevant information, the Council may pe-
riodically review and update, as necessary, the dam re-
moval strategy under subsection (a). 
SEC. 307. REPORTING. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, and every 2 years there-
after, the Secretary, after considering the advice and rec-
ommendations of the Council and Advisory Board, shall 
submit to Congress a report on the activities carried out 
under this title. 
(b) CONTENTS OF REPORT.—A report under sub-
section (a) shall include— 
(1) data on— 
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(A) the number of dams removed, river 
miles opened, public safety benefits, and aquatic 
ecosystem benefits achieved through projects 
under this title; and 
(B) participating agency expenditures, 
project costs, and descriptions of projects se-
lected, in progress, and completed under this 
title; 
(2) a review of project expenses, identifying 
areas of opportunity for reducing future project ex-
penses; 
(3) a review of how the information described 
in paragraphs (1) and (2) will be incorporated into 
the selection and implementation of new dam re-
moval projects; 
(4) a review of efforts made to maintain an ap-
propriate database of dam removal projects carried 
out under this title; and 
(5) a review of the measures taken to provide 
the information described in paragraphs (1) through 
(3) to Federal agencies with responsibility for assist-
ing in the dam removals. 
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SEC. 308. FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this title 
$7,500,000,000, to remain available until expended. 
(b) TECHNICAL
ASSISTANCE
FUNDING
ALLOCA-
TIONS.—Of the amounts made available under subsection 
(a)— 
(1) not less than $50,000,000 shall be allocated 
for the costs of administration, environmental com-
pliance, and technical assistance to carry out this 
title; and 
(2) not less than $30,000,000 shall be allocated 
to non-Federal dam removal technical assistance 
programs. 
(c) SET-ASIDE FOR ADMINISTRATIVE EXPENSES OF 
THE COUNCIL.—Of the amounts made available under 
subsection (a) for each fiscal year, the Secretary shall use 
for administration and operating costs of the Council and 
for development of the report under section 307, including 
the collection and maintenance of dam removal project 
data, the lesser of— 
(1) 3 percent; and 
(2) $1,500,000. 
SEC. 309. GENERAL PROVISIONS. 
(a) AGENCY CONSULTATION AND COORDINATION.— 
In carrying out this title, the Secretary shall, as necessary, 
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consult with, cooperate with, and coordinate activities with 
the activities of other Federal agencies. 
(b) COOPERATIVE AGREEMENTS; MEMORANDA
OF 
UNDERSTANDING.—In carrying out this title, the Sec-
retary and other Federal agencies, as appropriate, may— 
(1) enter into cooperative agreements or con-
tracts with Federal, State, and local government 
agencies, nongovernmental organizations, and other 
entities; and 
(2) execute such memoranda of understanding 
as are necessary to reflect the agreements. 
(c) FEDERAL
AGENCY
FACILITIES
AND
PER-
SONNEL.—Federal agencies may— 
(1) cooperate in carrying out scientific and 
other programs necessary to carry out this title; and 
(2) provide facilities and personnel for the pur-
pose of assisting the Council in carrying out the du-
ties of the Council under this title. 
TITLE IV—REIMAGINED 
FEDERAL DAMS 
SEC. 401. NATIONAL DAM ASSESSMENT. 
(a) IN GENERAL.—The National dam assessment will 
assimilate data to provide for stakeholders to determine 
whether a dam may be an appropriate candidate to re-
move, upgrade, enhance environmental performance, or 
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retrofit for hydropower production. The assessment is in-
tended for data gathering and analysis tools and will not 
make recommendations on individual dams. 
(b) DAM ASSESSMENTS AND DATA GATHERING.— 
(1) IN GENERAL.—The U.S. Geological Survey 
and Department of Energy (Lead agencies) shall 
jointly conduct an assessment of the Nation’s dam 
infrastructure, including government and privately 
owned powered and non-powered dams. In con-
ducting its assessment, the Lead agencies shall con-
sult with other Federal and State government agen-
cies, including the Corps of Engineers, the Bureau 
of Reclamation, the Federal Energy Regulatory 
Commission, the Federal Emergency Management 
Agency, the U.S. Fish and Wildlife Service, NOAA, 
State dam safety officials, and other stakeholders. 
(2) PURPOSE.—The purpose of the assessment 
is to integrate existing data to help stakeholders 
identify— 
(A) dams that continue to serve vital roles 
and may be priorities for upgrades, environ-
mental performance enhancements, or retrofits 
to add or replace generation at powered and 
non-powered facilities; and 
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