Twenty-First Century Dams Act
Bill: H.R.4375 | Sponsor: Rep. Kuster, Ann M. (D-NH)
Policy area: Water Resources Development

Summary:
Twenty-First Century Dams Act
This bill addresses dam infrastructure and safety.
First, the bill provides resources for programs related to state dam safety, the rehabilitation of high hazard potential dams, and the inspection of dams. In particular, the bill reauthorizes through FY2026 the National Dam Safety Program.
In addition, the bill reauthorizes through FY2026 a program related to the rehabilitation of structural measures and a program related to water infrastructure.
Next, the bill allows a new tax credit for maintaining and enhancing hydroelectric dams that is equal to 30% of the basis of any qualified dam safety, environmental, and grid resilience enhancement property placed in service in a taxable year. It also allows a 30% credit for qualified obsolete river obstruction removal expenditures for demolishing and removing certain nonpowered or hydroelectric dams.
The bill directs the Department of the Army to establish a program to carry out dam removal projects.
Further, the bill establishes the Dam Removal Council to (1) coordinate with participating federal agencies to annually notify all known dam owners of the availability of dam removal funding and provide guidance on the existing programs of participating agencies; (2) evaluate and submit to Army recommendations for dam removal projects, technical assistance programs, and funding allocations; and (3) develop a dam removal strategy.
The bill requires certain dam assessments, including a joint assessment by the U.S. Geological Survey and the Department of Energy.
The bill also authorizes specified federal agencies to undertake certain activities related to federal dam infrastructure.

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Twenty-First 
Century Dams Act''.
    (b) Table of Contents.--The table of contents for the Act is as 
follows:

Sec. 1. Short title; table of contents.
                     TITLE I--DAM SAFETY ASSISTANCE

Sec. 101. Increase Federal assistance to improve dam safety.
                        TITLE II--TAX PROVISIONS

Sec. 201. Credit for maintaining and enhancing hydroelectric dams.
Sec. 202. Credit for obsolete river obstruction removal expenditures.
       TITLE III--RESTORE RIVER ECOSYSTEMS THROUGH DAM ABATEMENTS

Sec. 301. Purposes.
Sec. 302. Definitions.
Sec. 303. Dam removal program.
Sec. 304. Establishment of Dam Removal Council.
Sec. 305. Establishment of Dam Removal Advisory Board.
Sec. 306. Dam removal strategy.
Sec. 307. Reporting.
Sec. 308. Funding.
Sec. 309. General provisions.
                   TITLE IV--REIMAGINED FEDERAL DAMS

Sec. 401. National dam assessment.
Sec. 402. Federal dam assessments.
Sec. 403. Report.
Sec. 404. Investing in Federal dam infrastructure.

                     TITLE I--DAM SAFETY ASSISTANCE

SEC. 101. INCREASE FEDERAL ASSISTANCE TO IMPROVE DAM SAFETY.

    (a) National Dam Safety Program Act.--
            (1) Definitions.--Section 2(4)(A) of the National Dam 
        Safety Program Act (33 U.S.C. 467(4)(A)) is amended--
                    (A) in clause (iii)(II), by striking the semicolon 
                and inserting ``; and'';
                    (B) in clause (iv), by striking ``; and'' and 
                inserting a period; and
                    (C) by striking clause (v).
            (2) Inspection of dams.--Section 3(a) of the National Dam 
        Safety Program Act (33 U.S.C. 467a(a)) is amended to read as 
        follows:
    ``(a) In General.--As soon as practicable, the Secretary of the 
Army, acting through the Chief of Engineers, shall carry out a national 
program of inspection of dams for the purpose of protecting human life 
and property. All non-Federal dams in the United States that are not 
under the regulatory inspection authority of a State or Federal entity 
shall be inspected by the Secretary, except dams which the Secretary of 
the Army determines do not pose any threat to human life or property. 
The inspection will include an assessment of downstream hazard and 
development of a dam failure inundation map and a non-failure residual 
risk inundation map that can be incorporated in an emergency action 
plan for the dam.''.
            (3) Assistance for state dam safety programs.--Section 8(e) 
        of the National Dam Safety Program Act (33 U.S.C. 467f(e)(1)) 
        is amended by inserting ``including the development of 
        emergency action plans'' after ``improving dam safety 
        programs''.
            (4) Priority system.--Section 8A(f) of the National Dam 
        Safety Program Act (33 U.S.C. 467f-2(f)) is amended to read as 
        follows:
    ``(f) Priority System.--The Administrator, in consultation with the 
Board, shall develop a risk-based priority system for States to use as 
a factor in prioritizing multiple applications in a single year of 
eligible high hazard potential dams for which grants may be made under 
this section.''.
            (5) Rehabilitation of high hazard potential dams.--Section 
        8A(j) of the National Dam Safety Program Act (33 U.S.C. 467f-
        2(j)) is amended--
                    (A) in paragraph (3), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (4), by striking ``each of fiscal 
                years 2021 through 2026.'' and inserting ``fiscal year 
                2021; and''; and
                    (C) by adding at the end the following:
            ``(5) $200,000,000 for each of fiscal years 2022 through 
        2026.''.
            (6) National dam safety program.--Section 14(a)(1) of the 
        National Dam Safety Program Act (33 U.S.C. 467j(a)(1)) is 
        amended by striking ``$9,200,000 for each of fiscal years 2019 
        through 2023'' and inserting ``$92,000,000 for each of fiscal 
        years 2022 through 2026''.
            (7) Inspection of dams.--Section 14 of the National Dam 
        Safety Program Act (33 U.S.C. 467j) is amended by adding at the 
        end the following:
    ``(h) Inspection of Dams.--There is authorized to be appropriated 
to carry out section 3 $35,000,000 for each of fiscal years 2022 
through 2026.''.
            (8) Allocation.--Section 14(a)(2) of the National Dam 
        Safety Program Act (33 U.S.C. 467j(a)(2)) is amended--
                    (A) in subparagraph (A)--
                            (i) by striking ``(A) In general.--Subject 
                        to subparagraphs (B) and (C), for'' and 
                        inserting ``For'';
                            (ii) in clause (i)--
                                    (I) by striking ``(i)'' and 
                                inserting ``(A)''; and
                                    (II) by inserting ``of the 
                                remaining'' after ``one-third'';
                            (iii) in clause (ii)--
                                    (I) by striking ``(ii)'' and 
                                inserting ``(B)''; and
                                    (II) by inserting ``of the 
                                remaining'' after ``two-thirds'';
                            (iv) by adding at the end the following:
                            ``(iii) Up to twenty percent to States that 
                        qualify for assistance under section 467f(e) of 
                        this title for the development of emergency 
                        action plans as needed.''; and
                    (B) by striking subparagraphs (B) and (C).
            (9) FEMA staffing.--Section 14(f) of the National Dam 
        Safety Program Act (33 U.S.C. 467j(f)) is amended by striking 
        ``$1,000,000 for each of fiscal years 2019 through 2023'' and 
        inserting ``$4,000,000 for each of fiscal years 2022 through 
        2026''.
    (b) Rehabilitation of Structural Measures Near, at, or Past Their 
Evaluated Life Expectancy.--Section 14(h)(2) of the Watershed 
Protection and Flood Prevention Act (16 U.S.C. 1012(h)(2)) is amended--
            (1) in subparagraph (D), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (E), by striking ``through 2023.'' and 
        inserting ``through 2021; and''; and
            (3) by adding at the end the following:
                    ``(F) $100,000,000 for each of fiscal years 2022 
                through 2026.''.
    (c) WIFIA Funding.--Section 5033(a)(1) of the Water Infrastructure 
Finance and Innovation Act of 2014 (33 U.S.C. 3912(a)(1)) is amended--
            (1) in subparagraph (D), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (E), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(F) $50,000,000 for each of fiscal years 2022 
                through 2026.''.

                        TITLE II--TAX PROVISIONS

SEC. 201. CREDIT FOR MAINTAINING AND ENHANCING HYDROELECTRIC DAMS.

    (a) In General.--Subpart E of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by adding after section 
48C the following new section:

``SEC. 48D. CREDIT FOR MAINTAINING AND ENHANCING HYDROELECTRIC DAMS.

    ``(a) In General.--For purposes of section 46, the credit for 
maintaining and enhancing hydroelectric dams for any taxable year is 30 
percent of the basis of any qualified dam safety, environmental, and 
grid resilience enhancement property placed in service during such 
taxable year.
    ``(b) Limitation.--No credit shall be allowed under subsection (a) 
with respect to any qualified dam safety, environmental, and grid 
resilience property unless the qualified dam in connection with which 
such property was placed in service meets all applicable Federal, 
State, and tribal requirements with respect to such dam on the date 
such property is placed in service.
    ``(c) Certain Progress Expenditure Rules Made Applicable.--Rules 
similar to the rules of subsections (c)(4) and (d) of section 46 (as in 
effect on the day before the date of the enactment of the Revenue 
Reconciliation Act of 1990) shall apply for purposes of subsection (a).
    ``(d) Definitions.--For purposes of this section--
            ``(1) Qualified dam safety, environmental, and grid 
        resilience property.--The term `qualified dam safety, 
        environmental, and grid resilience enhancement property' means 
        any property--
                    ``(A) which is--
                            ``(i) dam safety property,
                            ``(ii) environmental improvement property, 
                        or
                            ``(iii) grid resilience property,
                    ``(B)(i) the construction, reconstruction, or 
                erection of which is completed by the taxpayer, or
                    ``(ii) which is acquired by the taxpayer if the 
                original use of such property commences with the 
                taxpayer, and
                    ``(C) with respect to which depreciation (or 
                amortization in lieu of depreciation) is allowable.
            ``(2) Dam safety property.--The term `dam safety property' 
        means property the purpose of which is to maintain or improve 
        dam safety on a qualified dam to ensure acceptable performance 
        under all loading conditions (static, hydrologic, seismic) in 
        accordance with applicable regulatory criteria and risk 
        guidelines, including--
                    ``(A) the maintenance or upgrade of spillways or 
                other appurtuant structures,
                    ``(B) dam stability, including erosion repair and 
                enhanced seepage controls, and
                    ``(C) upgrades or replacements of floodgates or 
                natural infrastructure restoration or protection to 
                improve flood risk reduction.
            ``(3) Environmental improvement property.--The term 
        `environmental improvement property' means property the purpose 
        of which is to--
                    ``(A) add or improve safe and effective fish 
                passage, including new or upgraded turbine technology, 
                fish ladders, fishways, and all other associated 
                technology, equipment, or other fish passage technology 
                to a qualified dam,
                    ``(B) maintain or improve the quality of the water 
                retained or released by a qualified dam,
                    ``(C) promote downstream sediment transport 
                processes and habitat maintenance with respect to a 
                qualified dam, or
                    ``(D) provide for or improve recreational access to 
                the vicinity of a qualified dam, including roads, 
                trails, boat ingress and egress, flows to improve 
                recreation, and infrastructure that improves river 
                recreation opportunity.
            ``(4) Grid resilience property.--
                    ``(A) In general.--The term `grid resilience 
                property' means property--
                            ``(i) the purpose of which is to provide 
                        the ability of a hydroelectric facility at a 
                        qualified dam to contribute to electricity grid 
                        resilience and efficiency by--
                                    ``(I) adapting more quickly to 
                                changing grid conditions,
                                    ``(II) providing ancillary services 
                                (including black start capabilities, 
                                voltage support, and spinning 
                                reserves),
                                    ``(III) integrating other variable 
                                sources of electricity generation, or
                                    ``(IV) managing accumulated 
                                reservoir sediments, or
                            ``(ii) which is a qualified dam described 
                        in paragraph (5)(B).
                    ``(B) Mitigation and environmental review 
                requirements.--Such term shall not include any property 
                described in subparagraph (A)(i) unless any physical or 
                operational changes instituted in connection with the 
                activities described in such subparagraph have been 
                authorized under applicable Federal, State, and tribal 
                permitting or licensing processes which include 
                appropriate mitigation conditions arising from 
                consultation and environmental review under such 
                processes.
            ``(5) Qualified dam.--The term `qualified dam' means any of 
        the following:
                    ``(A) A hydroelectric dam which is licensed by the 
                Federal Energy Regulatory Commission or legally 
                operating without such a license and was placed in 
                service before the date of the enactment of this 
                section.
                    ``(B) A hydroelectric dam which--
                            ``(i) was licensed by the Federal Energy 
                        Regulatory Commission before December 31, 2020,
                            ``(ii) is under active license from the 
                        Federal Energy Regulatory Commission on the 
                        date of enactment of this section,
                            ``(iii) meets the requirements of 
                        subclauses (I) and (III) of sections 
                        242(b)(1)(B)(ii) of the Energy Policy Act of 
                        2005 (42 U.S.C. 15881),
                            ``(iv) is placed in service on or after the 
                        date of the enactment of this section, and
                            ``(v) does not contribute to atmospheric 
                        pollution.
                    ``(C) Any dam which--
                            ``(i) was placed in service before the date 
                        of the enactment of this section,
                            ``(ii) is operated on such date of 
                        enactment for any beneficial public use except 
                        hydropower generation, and
                            ``(iii) is authorized after such date of 
                        the enactment for hydropower development by the 
                        Federal Energy Regulatory Commission, the 
                        Bureau of Reclamation, or a State, as 
                        appropriate.
                    ``(D) Any dam which was placed in service before 
                the date of the enactment of this section and which is 
                a qualified nonpowered dam (as defined in section 
                34(e)(3) of the Federal Power Act (16 U.S.C. Sec.  
                823e(e)(3))).
    ``(e) Elective Payment.--
            ``(1) In general.--In the case of a taxpayer making an 
        election (at such time and in such manner as the Secretary may 
        provide) under this subsection with respect to any portion of 
        the credit which would (without regard to this subsection) be 
        determined under this section with respect to such taxpayer, 
        such taxpayer shall be treated as making a payment against the 
        tax imposed by subtitle A for the taxable year equal to 100 
        percent of such amount.
            ``(2) Timing.--The payment described in subsection (a) 
        shall be treated as made on the later of the due date of the 
        return of tax for such taxable year or the date on which such 
        return is filed.
            ``(3) Denial of double benefit.--Solely for purposes of 
        section 38, in the case of a taxpayer making an election under 
        this subsection, the credit determined under this section shall 
        be reduced by the amount of the portion of such credit with 
        respect to which the taxpayer makes such election.
            ``(4) Application to certain tax-exempt persons.--In the 
        case of a taxpayer making an election under this subsection, 
        the credit subject to such an election shall be determined 
        notwithstanding--
                    ``(A) section 50(b)(3), and
                    ``(B) section 50(b)(4), with respect to an entity 
                described in section 50(b)(4)(A)(i).
    ``(f) Special Rule for Property Financed by Subsidized Energy 
Financing or Tax-Exempt Bonds.--For purposes of this section, rules 
similar to the rules of section 48(a)(4) (determined without regard to 
subparagraph (D) thereof) shall apply.''.
    (b) Conforming Amendments.--
            (1) Section 46 of the Internal Revenue Code of 1986 is 
        amended by striking ``and'' at the end of paragraph (5), by 
        striking the period at the end of paragraph (6) and inserting 
        ``, and'', and by adding at the end the following new 
        paragraph:
            ``(7) the credit for maintaining and enhancing 
        hydroelectric dams.''.
            (2) Section 49(a)(1)(C) of such Code is amended by striking 
        ``and'' at the end of clause (iv), by striking the period at 
        the end of clause (v) and inserting ``, and'', and by adding at 
        the end the following new clause:
                            ``(vi) the basis of any qualified property 
                        taken into account under section 48D(d).''.
            (3) Section 50(a)(2)(E) of such Code is amended by striking 
        ``or 48C(b)(2)'' and inserting ``48C(b)(2), or 48D(c)''.
            (4) The table of sections for subpart E of part IV of 
        subchapter A of chapter 1 of such Code is amended by inserting 
        after the item relating to section 48C the following new item:

``Sec. 48D. Credit for maintaining and enhancing hydroelectric dams.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after the date of the enactment of 
this Act, under rules similar to the rules of section 48(m) of the 
Internal Revenue Code of 1986 (as in effect on the day before the date 
of the enactment of the Revenue Reconciliation Act of 1990).

SEC. 202. CREDIT FOR OBSOLETE RIVER OBSTRUCTION REMOVAL EXPENDITURES.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by adding after section 
45T the following new section:

``SEC. 45U. CREDIT FOR OBSOLETE RIVER OBSTRUCTION REMOVAL EXPENDITURES.

    ``(a) In General.--For purposes of section 38, the credit for 
obsolete river obstruction removal expenditures for any taxable year is 
30 percent of the qualified obsolete river obstruction removal 
expenditures incurred during such taxable year.
    ``(b) Qualified Obsolete River Obstruction Removal Expenditures.--
For purposes of this section--
            ``(1) In general.--The term `qualified obsolete river 
        obstruction removal expenditures' means any expenditure to 
        demolish and remove, in whole or in part, any dam described in 
        paragraph (2) and its associated infrastructure, including all 
        associated remediation and ecosystem restoration costs, so long 
        as--
                    ``(A) the work is performed with the consent of the 
                dam owner, if available, and
                    ``(B) none of the expenses incurred are used to 
                demolish or remove a Federally-owned hydroelectric dam.
            ``(2) Dam described.--A dam is described in this paragraph 
        if such dam is--
                    ``(A) a qualified nonpowered dam (as defined in 
                section 34(e)(3) of the Federal Power Act (16 U.S.C. 
                Sec.  823e(e)(3))), or
                    ``(B) a hydroelectric dam which is not owned by the 
                Federal government.
    ``(c) Application to Tax-Exempt Entities.--
            ``(1) In general.--In the case of qualified obsolete river 
        obstruction removal expenditures incurred by an eligible 
        entity, the Secretary shall promulgate regulations to allow the 
        allocation of the credit under this section to the person 
        primarily responsible for designing the property in lieu of the 
        owner of such property, with such person to be treated as the 
        taxpayer for purposes of this section.
            ``(2) Eligible entity.--For purposes of this subsection, 
        the term `eligible entity' means--
                    ``(A) a Federal, State, or local government or a 
                political subdivision thereof,
                    ``(B) an Indian tribe (as defined in section 
                45A(c)(6)), or
                    ``(C) an organization described in section 501(c) 
                and exempt from tax under section 501(a).
    ``(d) Elective Payment.--
            ``(1) In general.--In the case of a taxpayer making an 
        election (at such time and in such manner as the Secretary may 
        provide) under this subsection with respect to any portion of 
        the credit which would (without regard to this subsection) be 
        determined under this section with respect to such taxpayer, 
        such taxpayer shall be treated as making a payment against the 
        tax imposed by subtitle A for the taxable year equal to 100 
        percent of such amount.
            ``(2) Timing.--The payment described in subsection (a) 
        shall be treated as made on the later of the due date of the 
        return of tax for such taxable year or the date on which such 
        return is filed.
            ``(3) Denial of double benefit.--Solely for purposes of 
        section 38, in the case of a taxpayer making an election under 
        this subsection, the credit determined under this section shall 
        be reduced by the amount of the portion of such credit with 
        respect to which the taxpayer makes such election.''.
    (b) Conforming Amendments.--
            (1) Section 38(b) of the Internal Revenue Code of 1986 is 
        amended by striking ``plus'' at the end of paragraph (32), by 
        striking the period at the end of paragraph (33) and inserting 
        ``, plus'', and by adding at the end the following new 
        paragraph:
            ``(34) the credit for obsolete river obstruction removal 
        expenditures under section 45U(a).''.
            (2) Section 280C of such Code is amended by adding at the 
        end the following new subsection:
    ``(i) Credit for Obsolete River Obstruction Removal Expenditures.--
No deduction shall be allowed for that portion of the expenses 
otherwise allowable as a deduction taken into account in determining 
the credit under section 45U for the taxable year which is equal to the 
amount of the credit determined for such taxable year under section 
45U(a).''.
            (3) The table of sections for subpart D of part IV of 
        subchapter A of chapter 1 of such Code is amended by inserting 
        after the item relating to section 45T the following new item:

``Sec. 45U. Credit for obsolete river obstruction removal 
                            expenditures.''.
    (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 Internal Revenue Code of 1986, as added 
by this section) incurred after the date of the enactment of this Act.

       TITLE III--RESTORE RIVER ECOSYSTEMS THROUGH DAM ABATEMENTS

SEC. 301. PURPOSES.

    The purposes of this title are to establish an interagency 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 owners--
            (1) to reduce public safety risks associated with aging 
        dams;
            (2) to promote the restoration of riverine habitat for 
        native species of fish and wildlife;
            (3) to provide for the movement of aquatic species and 
        restoration of migratory fish populations;
            (4) to improve water quality; and
            (5) to increase climate resilience.

SEC. 302. DEFINITIONS.

    In this title:
            (1) Advisory board.--The term ``Advisory Board'' means the 
        Dam Removal Advisory Board established 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 downstream 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, ecosystems, and all species to 
        adapt to and recover from disturbances related to climate 
        change, including 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--
                    (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 removal project'' 
                means a project to permanently remove the full vertical 
                extent of a dam structure 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-powered dam; 
                        or
                            (iii) a Federal non-powered dam the removal 
                        of which is authorized by Congress, if 
                        applicable.
            (8) Funding allocation.--The term ``funding 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 representative;
                    (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 ``participating agency'' 
                means a Federal agency--
                            (i) that owns 1 or more dams or has 
                        jurisdiction over a grant program under which 
                        dam removal is an eligible activity; and
                            (ii) that has authority--
                                    (I) to conduct dam removal 
                                projects; or
                                    (II) to provide technical 
                                assistance 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 ``privately 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 destruction 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, political subdivision, special 
                purpose district, or other public entity established 
                under Federal or State law.
                    (B) Exclusion.--The term ``publicly owned dam'' 
                does not include a Federal powered 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 contracts 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
            (2) a Federal or non-Federal technical assistance program.
    (c) Selection of Projects.--
            (1) Identification of eligible projects.--
                    (A) In general.--Each participating agency shall--
                            (i) review proposed dam removal projects 
                        and technical assistance programs, including--
                                    (I) projects proposed by a dam 
                                owner (or a designee, with the written 
                                consent of the dam owner);
                                    (II) dam removal projects for 
                                Federal non-powered dams owned by the 
                                participating agency that--
                                            (aa) are no longer 
                                        providing a critical purpose in 
                                        the Federal interest; and
                                            (bb) have received 
                                        Congressional authorization, if 
                                        applicable;
                                    (III) non-Federal dam removal 
                                technical assistance programs; and
                                    (IV) a proposed funding allocation 
                                for those projects and programs; and
                            (ii) submit the recommended projects, 
                        programs, and funding allocation to the 
                        Council.
                    (B) Council review.--The Council shall--
                            (i) review the projects, programs, and 
                        funding allocations submitted under 
                        subparagraph (A)(ii);
                            (ii) develop recommendations of projects 
                        and programs that meet the criteria described 
                        in paragraph (3) and proposed funding 
                        allocations for each participating agency; and
                            (iii) submit the projects, programs, and 
                        funding allocations recommended under clause 
                        (ii) to the Secretary.
            (2) Selection.--The Secretary shall--
                    (A) select projects and activities under this 
                section taking into consideration the projects and 
                programs submitted by the Council under paragraph 
                (1)(B)(iii); and
                    (B) provide to each participating agency a funding 
                allocation pursuant to a cooperative agreement under 
                subsection (f).
            (3) Required elements.--Each dam removal project 
        recommended to the Secretary by the Council shall--
                    (A) include written consent of the dam owner for 
                the dam removal project, if ownership is established;
                    (B) meet 1 or more of the project purposes of--
                            (i) protecting human health and safety;
                            (ii) restoring aquatic habitat and riverine 
                        processes;
                            (iii) increasing river connectivity and 
                        species access to aquatic habitat;
                            (iv) improving water quality;
                            (v) enhancing commercial and recreational 
                        fishing;
                            (vi) enhancing river-based recreation;
                            (vii) restoring nature-based 
                        infrastructure; and
                            (viii) improving climate resilience;
                    (C) include satisfactory assurance from any non-
                Federal interests proposing projects that the non-
                Federal interests will have or can 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 following:
                    (A) The capability of the non-Federal interest 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 provides 
                multiple environmental and public benefits, 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.
                    (F) Any other factors that the Secretary and 
                participating agencies determine to be reasonable 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 significant 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 
        governmental agencies, Indian Tribes, and any impacted 
        stakeholders, may allow a nongovernmental organization to serve 
        as the non-Federal interest for the project.
            (3) Public notice.--For any dam removal activity carried 
        out with a funding allocation, the participating agency shall 
        provide public notice in accordance with applicable regulations 
        and requirements 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, including--
            (1) engineering, scientific assessment, economic analysis, 
        construction, project management, technical assistance, 
        acquisition, liability insurance, monitoring, regulatory 
        compliance, updating flood hazard mapping as needed for project 
        implementation, project administration, infrastructure 
        protection, and sediment management;
            (2) all stages of project planning and design;
            (3) Federal, State, Tribal, and non-Federal dam removal 
        technical assistance programs to identify projects, complete 
        initial project stages, train project managers and others 
        involved in dam removal 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 required by the program of the participating 
agency under which the project is being carried out.
    (h) Monitoring.--
            (1) Costs.--The costs of monitoring a dam removal project--
                    (A) shall be an eligible use of a funding 
                allocation; 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 ensure 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 annually (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 programs of 
                participating agencies;
            (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.
                    (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 Environmental 
                Protection Agency.
                    (I) The Chair of the Council on Environmental 
                Quality.
                    (J) The Chairman of the Federal Energy Regulatory 
                Commission.
                    (K) The Director of the Water Power Technologies 
                Office of the Department of Energy.
            (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 collaborate with other 
        Federal agencies regarding the duties of the Council and 
        recommend to the Secretary to enter into agreements with those 
        agencies to more effectively meet the purposes of this title, 
        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 
                        implement dam removal projects; and
                            (ii) to simplify and clarify the dam 
                        removal 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.
            (2) Additional meetings.--The Chair shall convene 
        additional meetings of the Council as appropriate to ensure 
        that this title is fully carried out, but not less often than 
        annually.
    (e) Council Procedures.--The Council shall establish 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 Advisory Board--
            (1) to assist the Council in the development of the dam 
        removal strategy to be developed under section 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 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 Indian 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 nongovernmental 
        organizations that manage or provide technical assistance for 
        dam removal projects;
            (4) 2 members shall be representatives of nongovernmental 
        organizations that work to improve dam safety practices; and
            (5) 3 members shall be representatives of organizations 
        representing dam owners.
    (c) Nonapplicability of FACA.--The Federal Advisory 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 develop a dam removal 
strategy--
            (1) to ensure a comprehensive approach to remove dams 
        that--
                    (A) pose the greatest threat to public safety;
                    (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 removal 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 activities, 
        including basin-scale fish passage planning;
            (4) maximize the incentives for the creation of new public-
        private partnerships to carry out dam removal 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 restoration, 
        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 equitable 
        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
            (2) provide an opportunity for public review and comment.
    (e) No Delay of Dam Removal Projects.--Development of the dam 
removal strategy under subsection (a)--
            (1) shall occur concurrently with implementation of dam 
        removal projects and technical assistance under this Act; and
            (2) shall not delay progress of those projects and 
        activities.
    (f) Periodic Revision.--Using data and information developed 
through project monitoring and management, and other relevant 
information, the Council may periodically review and update, as 
necessary, the dam removal 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 thereafter, the Secretary, after 
considering the advice and recommendations 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 subsection (a) shall 
include--
            (1) data on--
                    (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 selected, in 
                progress, and completed under this title;
            (2) a review of project expenses, identifying areas of 
        opportunity for reducing future project expenses;
            (3) a review of how the information described in paragraphs 
        (1) and (2) will be incorporated into the selection and 
        implementation of new dam removal projects;
            (4) a review of efforts made to maintain an appropriate 
        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 assisting in the dam removals.

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 Allocations.--Of the amounts made 
available under subsection (a)--
            (1) not less than $50,000,000 shall be allocated for the 
        costs of administration, environmental compliance, 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, 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 Secretary and other Federal agencies, as 
appropriate, may--
            (1) enter into cooperative agreements or contracts 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 Personnel.--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 purpose of 
        assisting the Council in carrying out the duties 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 remove, upgrade, enhance environmental 
performance, or retrofit for hydropower production. The assessment is 
intended 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 conducting its 
        assessment, the Lead agencies shall consult with other Federal 
        and State government agencies, 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, environmental performance 
                enhancements, or retrofits to add or replace generation 
                at powered and non-powered facilities; and
                    (B) dams that may have been abandoned, have reached 
                the end of their useful life, or otherwise may be 
                candidates for removal and river restoration.
            (3) Content.--
                    (A) The Lead agencies shall, in consultation with 
                the other Federal and State agencies, the Dam Removal 
                Council established under section 304, as well as other 
                stakeholders, develop a set of data and other factors 
                relevant to dam upgrades, retrofit and removal, 
                including but not limited to age, height, water flow, 
                hazard classifications, condition assessment, 
                environmental improvement opportunities, climate change 
                risks, known functions and other factors determined by 
                the Lead agencies to meet the goals of the assessment.
                    (B) At the time of submission of the report to 
                Congress, the Lead agencies shall make the assessment 
                publicly available in a written and an electronically 
                searchable format.
                    (C) The Lead agencies shall, to the extent 
                possible, compile pre-existing information from Federal 
                and State government sources and avoid duplicating 
                existing assessments of any particular dam, facility, 
                or project.

SEC. 402. FEDERAL DAM ASSESSMENTS.

    (a) In General.--Federal agencies that own dams shall assess their 
dams to identify which should be removed, upgraded, enhanced for 
environmental performance, or retrofitted for hydropower production.
    (b) Criteria.--The lead agencies section 401(b) will work with dam-
owning Federal agencies and the Dam Removal Council to develop criteria 
for agencies to use to complete the assessments.
    (c) Assessment.--Using the criteria from subsection (b), Federal 
agencies that own dams shall assess their dams to identify those 
appropriate for the outcomes in subsection (a) or other outcomes 
determined by the lead agencies.
    (d) Outcomes.--Those outcomes identified by the assessment should 
not be compelled, but should inform future action by the agencies.

SEC. 403. REPORT.

    The Secretary shall submit to the Committees on Energy and 
Commerce, Natural Resources, and Transportation and Infrastructure of 
the House of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report on the findings and conclusions of the 
assessments under this section by not later than 18 months after the 
date of the enactment of this Act. The assessment and report to 
Congress shall be updated every 3 years thereafter.

SEC. 404. INVESTING IN FEDERAL DAM INFRASTRUCTURE.

    (a) Corps of Engineers.--There are authorized to be appropriated 
$1,600,000,000 for fiscal years 2022 through 2026 for the following 
dam-related activities:
            (1) Safety improvements, including concrete repair, tunnel 
        work, and gate repair and replacement.
            (2) Environmental improvements, including fish passage, 
        environmental flows, water quality, temperature, and dissolved 
        oxygen upgrades.
            (3) Hydropower unit maintenance and upgrades.
            (4) Transmission, distribution, and substation upgrades.
            (5) Control room upgrades.
            (6) Efficiency, flexibility, and capacity improvements.
            (7) Deployment of innovative technologies, none of the 
        funds authorized under this section shall have to be recouped 
        by the Corps of Engineers.
            (8) Evaluation to address disposition to appropriately 
        direct expenditures.
            (9) Backlogged maintenance and operation activities.
    (b) Bureau of Reclamation.--There are authorized to be appropriated 
$400,000,000 for each of fiscal years 2022 through 2026 for the 
following dam-related activities:
            (1) Safety improvements, including concrete repair, tunnel 
        work, and gate repair and replacement.
            (2) Environmental improvements, including fish passage, 
        environmental flows, water quality, temperature, and dissolved 
        oxygen upgrades.
            (3) Hydropower unit maintenance and upgrades.
            (4) Transmission, distribution, and substation upgrades.
            (5) Control room upgrades.
            (6) Backlogged operations and maintenance activities.
            (7) Upgrades, efficiency, flexibility, and capacity 
        improvements.
            (8) Deployment of innovative technologies.
            (9) Evaluation to address disposition to appropriately 
        direct expenditures.
            (10) None of the funds authorized under this section shall 
        have to be recouped by the Bureau of Reclamation.
    (c) United States Forest Service.--There are authorized to be 
appropriated $70,000,000 for each of fiscal years 2022 through 2026 for 
the following dam-related activities:
            (1) Safety improvements.
            (2) Environmental improvements.
            (3) Backlogged operations and maintenance activities.
            (4) Upgrades, efficiency, flexibility, and capacity 
        improvements.
            (5) Deployment of innovative technologies.
            (6) Evaluation to address disposition to appropriately 
        direct expenditures.
    (d) Bureau of Indian Affairs.--There are authorized to be 
appropriated $130,000,000 for each of fiscal years 2022 through 2026 
for the following dam-related activities:
            (1) Safety and environmental improvements.
            (2) Backlogged operations and maintenance activities.
            (3) Upgrades, efficiency, flexibility, and capacity 
        improvements.
            (4) Deployment of innovative technologies.
            (5) Evaluation to address disposition to appropriately 
        direct expenditures.
            (6) None of the funds authorized under this section shall 
        have to be recouped by the Bureau of Indian Affairs.
    (e) United States Geological Survey.--There are authorized to be 
appropriated $5,000,000 for fiscal year 2022 to complete the 
assessments contained in sections 401 and 402.
    (f) Interagency Cooperation.--The Secretary of each agency included 
in this section, or their designee, shall meet annually to ensure 
investments are coordinated to improve river health, hydropower output, 
and public safety.
    (g) Department of Energy.--There is authorized to be appropriated 
$50,000,000 for each of fiscal years 2022 through 2026 for activities 
related to the following activities:
            (1) An assessment of the Nation's dam infrastructure under 
        section 401(b).
            (2) Research, development, and deployment to support--
                    (A) development of innovative waterpower 
                technologies;
                    (B) development of technology to improve 
                retrofitting and rehabilitating hydropower dams; and
                    (C) enhancements to hydropower's ability to support 
                grid resilience.
                                 <all>