,i #aagth ,,congress #ast ,session ,h4 ,r4 #dcge ,,in ,,the ,,house ,,of ,,representatives ,july #i1 #bjba ,ms4 ,kuster 7for herself1 ,mr4 ,young1 ,ms4 ,schrier1 ,mr4 ,huffman1 ,mrs4 ,dingell1 ,ms4 ,brownley1 ,mr4 ,cleaver1 ,mrs4 ,watson ,coleman1 ,ms4 ,barragn1 and ,mr4 ,peters7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committees on ,ways and ,means1 ,energy and ,commerce1 ,natural ,resources1 ,science1 ,space1 and ,technology1 and ,agriculture1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide funding to rehabilitate1 retrofit1 and remove the ,nation's dams to improve the health of the ,nation's rivers1 improve public safety1 and increase clean energy production1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,twenty-,first ,century ,dams ,act4 7b7 ,table of contents ,the table of contents for the ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,dam ,safety ,assistance ,sec4 #aja4 ,increase ,federal assistance to improve dam safety4 ,title ,,ii--,tax ,provisions ,sec4 #bja4 ,credit for maintaining and enhancing hydroelectric dams4 ,sec4 #bjb4 ,credit for obsolete river obstruction removal expenditures4 ,title ,,iii--,restore ,river ,ecosystems through ,dam ,abatements ,sec4 #cja4 ,purposes4 ,sec4 #cjb4 ,definitions4 ,sec4 #cjc4 ,dam removal program4 ,sec4 #cjd4 ,establishment of ,dam ,removal ,council4 ,sec4 #cje4 ,establishment of ,dam ,removal ,advisory ,board4 ,sec4 #cjf4 ,dam removal strategy4 ,sec4 #cjg4 ,reporting4 ,sec4 #cjh4 ,funding4 ,sec4 #cji4 ,general provisions4 ,title ,,iv--,reimagined ,federal ,dams ,sec4 #dja4 ,national dam assessment4 ,sec4 #djb4 ,federal dam assessments4 ,sec4 #djc4 ,report4 ,sec4 #djd4 ,investing in ,federal dam infrastructure4 ,i ,dam ,safety ,assistance #aja4 ,increase ,federal assistance to improve dam safety 7a7 ,national ,dam ,safety ,program ,act 7#a7 ,definitions ,section #b7d77;,a7 of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg7d77;,a77 is amended-- 7,a7 in clause 7iii77,,ii71 by striking the semicolon and inserting 2 and2 7,b7 in clause 7iv71 by striking 2 and and inserting a period2 and 7,c7 by striking clause 7v74 7#b7 ,inspection of dams ,section #c7;a7 of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;a7a77 is amended to read as follows3 7a7 ,in general ,as soon as practicable1 the ,secretary of the ,army1 acting through the ,chief of ,engineers1 shall carry out a national program of inspection of dams for the purpose of protecting human life and property4 ,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 ,secretary1 except dams which the ,secretary of the ,army determines do not pose any threat to human life or property4 ,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 dam4 4 7#c7 ,assistance for ,state dam safety programs ,section #h7;e7 of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;f7e77#a77 is amended by inserting including the development of emergency action plans after improving dam safety programs4 7#d7 ,priority ,system ,section #h;,a7f7 of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;f-#b7;f77 is amended to read as follows3 7f7 ,priority ,system ,the ,administrator1 in consultation with the ,board1 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 section4 4 7#e7 ,rehabilitation of high hazard potential dams ,section #h;,a7j7 of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;f-#b7;j77 is amended-- 7,a7 in paragraph 7#c71 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#d71 by striking each of fiscal years #bjba through #bjbf4 and inserting fiscal year #bjba2 and2 and 7,c7 by adding at the end the following3 7#e7 #bjj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 4 7#f7 ,national dam safety program ,section #ad7;a77#a7 of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;j7a77#a77 is amended by striking #i1bjj1jjj for each of fiscal years #bjai through #bjbc and inserting #ib1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7#g7 ,inspection of dams ,section #ad of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;j7 is amended by adding at the end the following3 7h7 ,inspection of dams ,there is authorized to be appropriated to carry out section #c #ce1jjj1jjj for each of fiscal years #bjbb through #bjbf4 4 7#h7 ,allocation ,section #ad7;a77#b7 of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;j7a77#b77 is amended-- 7,a7 in subparagraph 7,a7-- 7i7 by striking 7,a7 ,in general4--,subject to subparagraphs 7,b7 and 7,c71 for and inserting ,for2 7ii7 in clause 7i7-- 7,i7 by striking 7i7 and inserting 7,a72 and 7,,ii7 by inserting of the remaining after one-third2 7iii7 in clause 7ii7-- 7,i7 by striking 7ii7 and inserting 7,b72 and 7,,ii7 by inserting of the remaining after two-thirds2 7iv7 by adding at the end the following3 7iii7 ,up to twenty percent to ,states that qualify for assistance under section #dfg;f7e7 of this title for the development of emergency action plans as needed4 2 and 7,b7 by striking subparagraphs 7,b7 and 7,c74 7#i7 ,,fema ,staffing ,section #ad7;f7 of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;j7f77 is amended by striking #a1jjj1jjj for each of fiscal years #bjai through #bjbc and inserting #d1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7b7 ,rehabilitation of structural measures near1 at1 or past their evaluated life expectancy ,section #ad7;h77#b7 of the ,watershed ,protection and ,flood ,prevention ,act 7#af ,u4,s4,c4 #ajab7;h77#b77 is amended-- 7#a7 in subparagraph 7,d71 by striking 2 and and inserting a semicolon2 7#b7 in subparagraph 7,e71 by striking through #bjbc4 and inserting through #bjba2 and2 and 7#c7 by adding at the end the following3 7,f7 #ajj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 4 7c7 ,,wifia funding ,section #ejcc7;a77#a7 of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #ciab7;a77#a77 is amended-- 7#a7 in subparagraph 7,d71 by striking 2 and and inserting a semicolon2 7#b7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,f7 #ej1jjj1jjj for each of fiscal years #bjbb through #bjbf4 4 ,,ii ,tax ,provisions #bja4 ,credit for maintaining and enhancing hydroelectric dams 7a7 ,in general ,subpart ,e of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding after section #dh;,c the following new section3 #dh;,d4 ,credit for maintaining and enhancing hydroelectric dams 7a7 ,in general ,for purposes of section #df1 the credit for maintaining and enhancing hydroelectric dams for any taxable year is #cj percent of the basis of any qualified dam safety1 environmental1 and grid resilience enhancement property placed in service during such taxable year4 7b7 ,limitation ,no credit shall be allowed under subsection 7a7 with respect to any qualified dam safety1 environmental1 and grid resilience property unless the qualified dam in connection with which such property was placed in service meets all applicable ,federal1 ,state1 and tribal requirements with respect to such dam on the date such property is placed in service4 7c7 ,certain progress expenditure rules made applicable ,rules similar to the rules of subsections 7c77#d7 and 7d7 of section #df 7as in effect on the day before the date of the enactment of the ,revenue ,reconciliation ,act of #aiij7 shall apply for purposes of subsection 7a74 7d7 ,definitions ,for purposes of this section-- 7#a7 ,qualified dam safety1 environmental1 and grid resilience property ,the term qualified dam safety1 environmental1 and grid resilience enhancement property means any property-- 7,a7 which is-- 7i7 dam safety property1 7ii7 environmental improvement property1 or 7iii7 grid resilience property1 7,b7 7i7 the construction1 reconstruction1 or erection of which is completed by the taxpayer1 or 7ii7 which is acquired by the taxpayer if the original use of such property commences with the taxpayer1 and 7,c7 with respect to which depreciation 7or amortization in lieu of depreciation7 is allowable4 7#b7 ,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 7static1 hydrologic1 seismic7 in accordance with applicable regulatory criteria and risk guidelines1 including-- 7,a7 the maintenance or upgrade of spillways or other appurtuant structures1 7,b7 dam stability1 including erosion repair and enhanced seepage controls1 and 7,c7 upgrades or replacements of floodgates or natural infrastructure restoration or protection to improve flood risk reduction4 7#c7 ,environmental improvement property ,the term environmental improvement property means property the purpose of which is to-- 7,a7 add or improve safe and effective fish passage1 including new or upgraded turbine technology1 fish ladders1 fishways1 and all other associated technology1 equipment1 or other fish passage technology to a qualified dam1 7,b7 maintain or improve the quality of the water retained or released by a qualified dam1 7,c7 promote downstream sediment transport processes and habitat maintenance with respect to a qualified dam1 or 7,d7 provide for or improve recreational access to the vicinity of a qualified dam1 including roads1 trails1 boat ingress and egress1 flows to improve recreation1 and infrastructure that improves river recreation opportunity4 7#d7 ,grid resilience property 7,a7 ,in general ,the term grid resilience property means property-- 7i7 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-- 7,i7 adapting more quickly to changing grid conditions1 7,,ii7 providing ancillary services 7including black start capabilities1 voltage support1 and spinning reserves71 7,,iii7 integrating other variable sources of electricity generation1 or 7,,iv7 managing accumulated reservoir sediments1 or 7ii7 which is a qualified dam described in paragraph 7#e77;,b74 7,b7 ,mitigation and environmental review requirements ,such term shall not include any property described in subparagraph 7,a77i7 unless any physical or operational changes instituted in connection with the activities described in such subparagraph have been authorized under applicable ,federal1 ,state1 and tribal permitting or licensing processes which include appropriate mitigation conditions arising from consultation and environmental review under such processes4 7#e7 ,qualified dam ,the term qualified dam means any of the following3 7,a7 ,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 section4 7,b7 ,a hydroelectric dam which-- 7i7 was licensed by the ,federal ,energy ,regulatory ,commission before ,december #ca1 #bjbj1 7ii7 is under active license from the ,federal ,energy ,regulatory ,commission on the date of enactment of this section1 7iii7 meets the requirements of subclauses 7,i7 and 7,,iii7 of sections #bdb7;b77#a77;,b77ii7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehha71 7iv7 is placed in service on or after the date of the enactment of this section1 and 7v7 does not contribute to atmospheric pollution4 7,c7 ,any dam which-- 7i7 was placed in service before the date of the enactment of this section1 7ii7 is operated on such date of enactment for any beneficial public use except hydropower generation1 and 7iii7 is authorized after such date of the enactment for hydropower development by the ,federal ,energy ,regulatory ,commission1 the ,bureau of ,reclamation1 or a ,state1 as appropriate4 7,d7 ,any dam which was placed in service before the date of the enactment of this section and which is a qualified nonpowered dam 7as defined in section #cd7;e77#c7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbc;e7e77#c7774 7e7 ,elective payment 7#a7 ,in general ,in the case of a taxpayer making an election 7at such time and in such manner as the ,secretary may provide7 under this subsection with respect to any portion of the credit which would 7without regard to this subsection7 be determined under this section with respect to such taxpayer1 such taxpayer shall be treated as making a payment against the tax imposed by subtitle ,a for the taxable year equal to #ajj percent of such amount4 7#b7 ,timing ,the payment described in subsection 7a7 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 filed4 7#c7 ,denial of double benefit ,solely for purposes of section #ch1 in the case of a taxpayer making an election under this subsection1 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 election4 7#d7 ,application to certain tax-exempt persons ,in the case of a taxpayer making an election under this subsection1 the credit subject to such an election shall be determined notwithstanding-- 7,a7 section #ej7;b77#c71 and 7,b7 section #ej7;b77#d71 with respect to an entity described in section #ej7;b77#d77;,a77i74 7f7 ,special rule for property financed by subsidized energy financing or tax-,exempt bonds ,for purposes of this section1 rules similar to the rules of section #dh7;a77#d7 7determined without regard to subparagraph 7,d7 thereof7 shall apply4 4 7b7 ,conforming amendments 7#a7 ,section #df of the ,internal ,revenue ,code of #aihf is amended by striking and at the end of paragraph 7#e71 by striking the period at the end of paragraph 7#f7 and inserting 1 and1 and by adding at the end the following new paragraph3 7#g7 the credit for maintaining and enhancing hydroelectric dams4 4 7#b7 ,section #di7;a77#a77;,c7 of such ,code is amended by striking and at the end of clause 7iv71 by striking the period at the end of clause 7v7 and inserting 1 and1 and by adding at the end the following new clause3 7vi7 the basis of any qualified property taken into account under section #dh;,d7d74 4 7#c7 ,section #ej7;a77#b77;,e7 of such ,code is amended by striking or #dh;,c7b77#b7 and inserting #dh;,c7b77#b71 or #dh;,d7c74 7#d7 ,the table of sections for subpart ,e of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by inserting after the item relating to section #dh;,c the following new item3 ,sec4 #dh;,d4 ,credit for maintaining and enhancing hydroelectric dams4 4 7c7 ,effective date ,the amendments made by this section shall apply to property placed in service after the date of the enactment of this ,act1 under rules similar to the rules of section #dh7m7 of the ,internal ,revenue ,code of #aihf 7as in effect on the day before the date of the enactment of the ,revenue ,reconciliation ,act of #aiij74 #bjb4 ,credit for obsolete river obstruction removal expenditures 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding after section #de,t the following new section3 #de,u4 ,credit for obsolete river obstruction removal expenditures 7a7 ,in general ,for purposes of section #ch1 the credit for obsolete river obstruction removal expenditures for any taxable year is #cj percent of the qualified obsolete river obstruction removal expenditures incurred during such taxable year4 7b7 ,qualified obsolete river obstruction removal expenditures ,for purposes of this section-- 7#a7 ,in general ,the term qualified obsolete river obstruction removal expenditures means any expenditure to demolish and remove1 in whole or in part1 any dam described in paragraph 7#b7 and its associated infrastructure1 including all associated remediation and ecosystem restoration costs1 so long as-- 7,a7 the work is performed with the consent of the dam owner1 if available1 and 7,b7 none of the expenses incurred are used to demolish or remove a ,federally-owned hydroelectric dam4 7#b7 ,dam described ,a dam is described in this paragraph if such dam is-- 7,a7 a qualified nonpowered dam 7as defined in section #cd7;e77#c7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbc;e7e77#c7771 or 7,b7 a hydroelectric dam which is not owned by the ,federal government4 7c7 ,application to tax-,exempt entities 7#a7 ,in general ,in the case of qualified obsolete river obstruction removal expenditures incurred by an eligible entity1 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 property1 with such person to be treated as the taxpayer for purposes of this section4 7#b7 ,eligible entity ,for purposes of this subsection1 the term eligible entity means-- 7,a7 a ,federal1 ,state1 or local government or a political subdivision thereof1 7,b7 an ,indian tribe 7as defined in section #de;,a7c77#f771 or 7,c7 an organization described in section #eja7;c7 and exempt from tax under section #eja7;a74 7d7 ,elective payment 7#a7 ,in general ,in the case of a taxpayer making an election 7at such time and in such manner as the ,secretary may provide7 under this subsection with respect to any portion of the credit which would 7without regard to this subsection7 be determined under this section with respect to such taxpayer1 such taxpayer shall be treated as making a payment against the tax imposed by subtitle ,a for the taxable year equal to #ajj percent of such amount4 7#b7 ,timing ,the payment described in subsection 7a7 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 filed4 7#c7 ,denial of double benefit ,solely for purposes of section #ch1 in the case of a taxpayer making an election under this subsection1 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 election4 4 7b7 ,conforming amendments 7#a7 ,section #ch7;b7 of the ,internal ,revenue ,code of #aihf is amended by striking plus at the end of paragraph 7#cb71 by striking the period at the end of paragraph 7#cc7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#cd7 the credit for obsolete river obstruction removal expenditures under section #de,u7a74 4 7#b7 ,section #bhj;,c of such ,code is amended by adding at the end the following new subsection3 7i7 ,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 #de,u for the taxable year which is equal to the amount of the credit determined for such taxable year under section #de,u7a74 4 7#c7 ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by inserting after the item relating to section #de,t the following new item3 ,sec4 #de,u4 ,credit for obsolete river obstruction removal expenditures4 4 7c7 ,effective date ,the amendments made by this section shall apply to any obsolete river obstruction removal expenditures 7as defined in section #de,u of the ,internal ,revenue ,code of #aihf1 as added by this section7 incurred after the date of the enactment of this ,act4 ,,iii ,restore ,river ,ecosystems through ,dam ,abatements #cja4 ,purposes ,the purposes of this title are to establish an interagency advisory council1 a ,tribal and stakeholder advisory board1 and to provide funding to remove publicly owned and privately owned dams with the consent of dam owners-- 7#a7 to reduce public safety risks associated with aging dams2 7#b7 to promote the restoration of riverine habitat for native species of fish and wildlife2 7#c7 to provide for the movement of aquatic species and restoration of migratory fish populations2 7#d7 to improve water quality2 and 7#e7 to increase climate resilience4 #cjb4 ,definitions ,in this title3 7#a7 ,advisory ,board ,the term ,advisory ,board means the ,dam ,removal ,advisory ,board established under section #cje4 7#b7 ,aquatic habitat ,the term aquatic habitat means the preferred in-stream1 floodplain1 or riparian wetland habitat of all life stages of native aquatic species4 7#c7 ,aquatic species passage ,the term aquatic species passage means the ability of all species endemic to a watershed1 and all life stages of those species1 to freely access upstream and downstream aquatic habitat for the purposes of spawning1 rearing1 or other life cycle needs4 7#d7 ,climate resilience ,the term climate resilience means the ability for humans1 ecosystems1 and all species to adapt to and recover from disturbances related to climate change1 including increased severity and frequency of floods1 droughts1 and changes to thermal regimes4 7#e7 ,council ,the term ,council means the ,dam ,removal ,council established under section #cjd4 7#f7 ,dam ,the term dam means a human-made structure that-- 7,a7 spans the width of a river or stream 7or does not currently span the width of a river or stream due to damage or intentional breach1 but was originally constructed to do so72 and 7,b7 was constructed to raise the water level1 divert water1 or store water for a variety of purposes4 7#g7 ,dam removal project 7,a7 ,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 7,b7 to a minimum horizontal width needed to protect public safety1 restore natural river function1 and reconnect aquatic species passage1 unless site conditions prevent that removal width4 7,b7 ,dams described ,a dam referred to in subparagraph 7,a7 is-- 7i7 a non-federally owned powered dam2 7ii7 a non-federally owned non-powered dam2 or 7iii7 a ,federal non-powered dam the removal of which is authorized by ,congress1 if applicable4 7#h7 ,funding allocation ,the term funding allocation means amounts provided1 out of amounts made available to carry out this title1 by the ,secretary to a participating agency to carry out the purposes of this title4 7#i7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#aj7 ,non-,federal interest ,the term non-,federal interest means-- 7,a7 a ,state2 7,b7 a political subdivision of a ,state2 7,c7 an ,indian ,tribe2 7,d7 a non-,federal dam owner1 or a representative2 7,e7 a regional or interstate agency2 and 7,f7 as provided in section #cjc7;d77#b71 a nongovernmental organization4 7#aa7 ,participating agency 7,a7 ,in general ,the term participating agency means a ,federal agency-- 7i7 that owns #a or more dams or has jurisdiction over a grant program under which dam removal is an eligible activity2 and 7ii7 that has authority-- 7,i7 to conduct dam removal projects2 or 7,,ii7 to provide technical assistance and grants for development1 planning1 and implementation of dam removal projects4 7,b7 ,inclusion ,the term participating agency includes the ,department of the ,army4 7#ab7 ,privately owned dam ,the term privately owned dam means a dam that is owned by #a or more non-governmental entities4 7#ac7 ,public safety hazard ,the term public safety hazard means the risk to individuals pertaining to a dam1 including loss of life or destruction of private or public property1 as a result of the structural failure or misoperation of a dam1 or by a person who accesses the dam by foot or in a boat4 7#ad7 ,publicly owned dam 7,a7 ,in general ,the term publicly owned dam means a dam that is owned by a public entity such as a government agency1 political subdivision1 special purpose district1 or other public entity established under ,federal or ,state law4 7,b7 ,exclusion ,the term publicly owned dam does not include a ,federal powered dam4 7#ae7 ,secretary ,the term ,secretary means the ,secretary of the ,army4 7#af7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 the ,commonwealth of the ,northern ,mariana ,islands2 7,e7 the ,united ,states ,virgin ,islands2 7,f7 ,american ,samoa2 and 7,g7 ,guam4 #cjc4 ,dam removal program 7a7 ,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 title4 7b7 ,eligible activities ,an activity eligible to be carried out with a funding allocation is-- 7#a7 a dam removal project2 and 7#b7 a ,federal or non-,federal technical assistance program4 7c7 ,selection of projects 7#a7 ,identification of eligible projects 7,a7 ,in general ,each participating agency shall-- 7i7 review proposed dam removal projects and technical assistance programs1 including-- 7,i7 projects proposed by a dam owner 7or a designee1 with the written consent of the dam owner72 7,,ii7 dam removal projects for ,federal non-powered dams owned by the participating agency that-- 7aa7 are no longer providing a critical purpose in the ,federal interest2 and 7bb7 have received ,congressional authorization1 if applicable2 7,,iii7 non-,federal dam removal technical assistance programs2 and 7,,iv7 a proposed funding allocation for those projects and programs2 and 7ii7 submit the recommended projects1 programs1 and funding allocation to the ,council4 7,b7 ,council review ,the ,council shall-- 7i7 review the projects1 programs1 and funding allocations submitted under subparagraph 7,a77ii72 7ii7 develop recommendations of projects and programs that meet the criteria described in paragraph 7#c7 and proposed funding allocations for each participating agency2 and 7iii7 submit the projects1 programs1 and funding allocations recommended under clause 7ii7 to the ,secretary4 7#b7 ,selection ,the ,secretary shall-- 7,a7 select projects and activities under this section taking into consideration the projects and programs submitted by the ,council under paragraph 7#a77;,b77iii72 and 7,b7 provide to each participating agency a funding allocation pursuant to a cooperative agreement under subsection 7f74 7#c7 ,required elements ,each dam removal project recommended to the ,secretary by the ,council shall-- 7,a7 include written consent of the dam owner for the dam removal project1 if ownership is established2 7,b7 meet #a or more of the project purposes of-- 7i7 protecting human health and safety2 7ii7 restoring aquatic habitat and riverine processes2 7iii7 increasing river connectivity and species access to aquatic habitat2 7iv7 improving water quality2 7v7 enhancing commercial and recreational fishing2 7vi7 enhancing river-based recreation2 7vii7 restoring nature-based infrastructure2 and 7viii7 improving climate resilience2 7,c7 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 project2 and 7,d7 demonstrate a commitment to obtain all required regulatory approvals and permits from all pertinent jurisdictions prior to project implementation4 7#d7 ,factors for selection of projects ,in selecting a dam removal project1 the ,secretary and participating agencies shall consider the following3 7,a7 ,the capability of the non-,federal interest to carry out the project in a technically feasible manner4 7,b7 ,the extent to which the dam poses a significant public safety hazard4 7,c7 ,the extent to which the dam provides critical beneficial uses4 7,d7 ,the extent to which the project provides multiple environmental and public benefits1 with priority given to a project that meets #b or more of the project purposes described in paragraph 7#c77;,b74 7,e7 ,the extent to which the project will be carried out in a cost-effective manner4 7,f7 ,any other factors that the ,secretary and participating agencies determine to be reasonable and necessary for consideration4 7#e7 ,prioritization for selection of projects ,in selecting a dam removal project1 the ,secretary and participating agencies shall prioritize-- 7,a7 removal of dams that pose a significant public safety hazard2 and 7,b7 non-powered dams the removal of which will provide significant ecological value4 7d7 ,execution of projects and activities 7#a7 ,in general ,a participating agency that receives assistance under this section may enter into cooperative agreements with non-,federal interests-- 7,a7 to carry out dam removal projects2 7,b7 to provide technical assistance2 or 7,c7 to provide assistance to a non-,federal technical assistance program4 7#b7 ,nongovernmental organizations ,notwithstanding section #bba7;b7 of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b7b771 for any dam removal project1 the ,secretary1 in consultation and coordination with appropriate ,state and local governmental agencies1 ,indian ,tribes1 and any impacted stakeholders1 may allow a nongovernmental organization to serve as the non-,federal interest for the project4 7#c7 ,public notice ,for any dam removal activity carried out with a funding allocation1 the participating agency shall provide public notice in accordance with applicable regulations and requirements of the participating agency4 7#d7 ,geographic equity ,to the maximum extent practicable1 in carrying out activities under this title1 participating agencies shall allocate amounts from the funding allocation of the agency equitably among regions of the ,united ,states4 7e7 ,eligible costs ,a funding allocation may be used for all dam removal and related project needs1 including-- 7#a7 engineering1 scientific assessment1 economic analysis1 construction1 project management1 technical assistance1 acquisition1 liability insurance1 monitoring1 regulatory compliance1 updating flood hazard mapping as needed for project implementation1 project administration1 infrastructure protection1 and sediment management2 7#b7 all stages of project planning and design2 7#c7 ,federal1 ,state1 ,tribal1 and non-,federal dam removal technical assistance programs to identify projects1 complete initial project stages1 train project managers and others involved in dam removal projects1 and provide technical assistance2 7#d7 establishment of collaborative ,federal teams to increase efficiency of evaluation and removal of federally owned dams2 and 7#e7 monitoring under subsection 7h74 7f7 ,cooperative agreement 7#a7 ,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 agency4 7#b7 ,supplement1 not supplant ,a funding allocation provided under this title shall supplement and not supplant amounts otherwise made available to the participating agency4 7g7 ,federal share ,the ,federal share of the cost of a dam removal project carried out under this title shall be #ajj percent1 unless a different ,federal share is required by the program of the participating agency under which the project is being carried out4 7h7 ,monitoring 7#a7 ,costs ,the costs of monitoring a dam removal project-- 7,a7 shall be an eligible use of a funding allocation2 and 7,b7 may be included in the total cost of the dam removal project4 7#b7 ,goals ,the goals of monitoring referred to paragraph 7#a7 shall be-- 7,a7 to measure the safety and effectiveness of the project2 and 7,b7 to allow adaptive management to ensure project success4 #cjd4 ,establishment of ,dam ,removal ,council 7a7 ,council ,there is established a council to be known as the ,dam ,removal ,council4 7b7 ,duties ,the ,council shall be responsible for-- 7#a7 coordinating participating agencies to annually 7or as otherwise determined by the ,council7-- 7,a7 notify all known dam owners of the availability of dam removal funding1 application procedures1 and options for technical assistance2 and 7,b7 provide guidance on the existing programs of participating agencies2 7#b7 evaluating the proposed dam removal projects1 technical assistance programs1 and funding allocations submitted by participating agencies under section #cjc7;c77#a77;,a77ii72 7#c7 submitting to the ,secretary recommended dam removal projects1 technical assistance programs1 and funding allocations for participating agencies as described in section #cjc7;c77#a77;,b77ii72 7#d7 serving as a forum-- 7,a7 to identify and address limiting factors to removing dams2 and 7,b7 to address programmatic challenges2 7#e7 providing advice on the development of the database and report required under section #cjg2 and 7#f7 collaborating with the agencies represented on the ,council to maximize the benefits of this title4 7c7 ,membership 7#a7 ,members ,subject to paragraph 7#b71 the ,council shall consist of the following members3 7,a7 ,the ,secretary4 7,b7 ,the ,director of the ,national ,oceanic and ,atmospheric ,administration4 7,c7 ,the ,director of the ,united ,states ,fish and ,wildlife ,service4 7,d7 ,the ,commissioner of the ,bureau of ,reclamation4 7,e7 ,the ,chief of the ,natural ,resources ,conservation ,service4 7,f7 ,the ,chief of the ,forest ,service4 7,g7 ,the ,administrator of the ,federal ,emergency ,management ,agency4 7,h7 ,the ,administrator of the ,environmental ,protection ,agency4 7,i7 ,the ,chair of the ,council on ,environmental ,quality4 7,j7 ,the ,chairman of the ,federal ,energy ,regulatory ,commission4 7,k7 ,the ,director of the ,water ,power ,technologies ,office of the ,department of ,energy4 7#b7 ,authority to change membership ,the ,council may modify the membership of the ,council to more effectively meet the purposes of this title4 7#c7 ,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 title1 such as an agreement relating to the provision of data or research necessary to carry out dam removal projects4 7#d7 ,compensation ,a member of the ,council shall serve without compensation4 7#e7 ,chair 7,a7 ,in general ,the initial ,chair of the ,council shall be the ,chair of the ,council on ,environmental ,quality4 7,b7 ,subsequent chairs ,every #b years1 after completion of a report under section #cjg1 the ,council shall select a new ,chair of the ,council4 7,c7 ,duties ,the ,chair shall coordinate with agencies represented on the ,council-- 7i7 to develop effective and efficient processes to identify1 prioritize1 and implement dam removal projects2 and 7ii7 to simplify and clarify the dam removal process4 7d7 ,meetings 7#a7 ,first meeting ,the ,chair shall convene the first meeting of the ,council not later than #fj days after the date of enactment of this ,act4 7#b7 ,additional meetings ,the ,chair shall convene additional meetings of the ,council as appropriate to ensure that this title is fully carried out1 but not less often than annually4 7e7 ,council procedures ,the ,council shall establish procedures for voting1 the conduct of meetings1 and other matters as appropriate4 7f7 ,public participation 7#a7 ,in general ,meetings of the ,council shall be open to the public4 7#b7 ,notice ,the ,council shall provide notice to the public of a meeting of the ,council4 7g7 ,advice ,the ,council shall consult with the ,advisory ,board-- 7#a7 to assist the ,council in the development of the dam removal strategy to be developed under section #cjf2 7#b7 to provide input on project identification criteria2 and 7#c7 to provide input on proportional distribution of funds to participating agencies4 #cje4 ,establishment of ,dam ,removal ,advisory ,board 7a7 ,advisory board ,the ,chair of the ,council shall establish a ,dam ,removal ,advisory ,board to provide advice and recommendations on the implementation of this title4 7b7 ,membership ,the ,advisory ,board shall include #ab members appointed by the ,chair1 of whom-- 7#a7 #b members shall be representatives of ,indian ,tribes2 7#b7 #b members shall be representatives of ,state government agencies that manage or provide funds for dam removal projects or regulate dam safety2 7#c7 #c members shall be representatives of nongovernmental organizations that manage or provide technical assistance for dam removal projects2 7#d7 #b members shall be representatives of nongovernmental organizations that work to improve dam safety practices2 and 7#e7 #c members shall be representatives of organizations representing dam owners4 7c7 ,nonapplicability of ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,advisory ,board4 #cjf4 ,dam removal strategy 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,council shall develop a dam removal strategy-- 7#a7 to ensure a comprehensive approach to remove dams that-- 7,a7 pose the greatest threat to public safety2 7,b7 provide the greatest opportunity for environmental restoration2 and 7,c7 are consistent with efforts to address climate change and adaptation2 7#b7 to maximize benefits derived from dam removal projects2 and 7#c7 to foster the coordination of ,federal and non-,federal activities related to dam removal4 7b7 ,goal ,the goal of the dam removal strategy under subsection 7a7 shall be to improve public safety and restore healthy rivers by reconnecting at least #aj1jjj miles of river by #bjca4 7c7 ,elements of strategy ,the dam removal strategy under subsection 7a7 shall-- 7#a7 identify limiting factors to completing dam removal projects and strategies for overcoming those limiting factors2 7#b7 utilize the selection factors and priorities described in section #cjc7;c72 7#c7 optimize the benefits of dam removal activities1 including basin-scale fish passage planning2 7#d7 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 projects2 7#e7 identify opportunities for ,federal agency collaboration to remove dams that are no longer needed from ,federal land2 7#f7 be consistent with dam removal1 habitat restoration1 and public safety plans2 7#g7 promote dam removal projects-- 7,a7 to meet the criteria in section #cjc7;c77#c72 and 7,b7 to address other areas of concern that the ,council determines to be appropriate for consideration2 and 7#h7 provide recommendations for broad and equitable geographic distribution of projects funded under this title4 7d7 ,public review and comment ,before the ,council adopts a dam removal strategy under subsection 7a71 the ,council shall-- 7#a7 publish in the ,federal ,register a draft of the dam removal strategy2 and 7#b7 provide an opportunity for public review and comment4 7e7 ,no delay of dam removal projects ,development of the dam removal strategy under subsection 7a7-- 7#a7 shall occur concurrently with implementation of dam removal projects and technical assistance under this ,act2 and 7#b7 shall not delay progress of those projects and activities4 7f7 ,periodic revision ,using data and information developed through project monitoring and management1 and other relevant information1 the ,council may periodically review and update1 as necessary1 the dam removal strategy under subsection 7a74 #cjg4 ,reporting 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter1 the ,secretary1 after considering the advice and recommendations of the ,council and ,advisory ,board1 shall submit to ,congress a report on the activities carried out under this title4 7b7 ,contents of report ,a report under subsection 7a7 shall include-- 7#a7 data on-- 7,a7 the number of dams removed1 river miles opened1 public safety benefits1 and aquatic ecosystem benefits achieved through projects under this title2 and 7,b7 participating agency expenditures1 project costs1 and descriptions of projects selected1 in progress1 and completed under this title2 7#b7 a review of project expenses1 identifying areas of opportunity for reducing future project expenses2 7#c7 a review of how the information described in paragraphs 7#a7 and 7#b7 will be incorporated into the selection and implementation of new dam removal projects2 7#d7 a review of efforts made to maintain an appropriate database of dam removal projects carried out under this title2 and 7#e7 a review of the measures taken to provide the information described in paragraphs 7#a7 through 7#c7 to ,federal agencies with responsibility for assisting in the dam removals4 #cjh4 ,funding 7a7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this title #g1ejj1jjj1jjj1 to remain available until expended4 7b7 ,technical assistance funding allocations ,of the amounts made available under subsection 7a7-- 7#a7 not less than #ej1jjj1jjj shall be allocated for the costs of administration1 environmental compliance1 and technical assistance to carry out this title2 and 7#b7 not less than #cj1jjj1jjj shall be allocated to non-,federal dam removal technical assistance programs4 7c7 ,set-,aside for administrative expenses of the ,council ,of the amounts made available under subsection 7a7 for each fiscal year1 the ,secretary shall use for administration and operating costs of the ,council and for development of the report under section #cjg1 including the collection and maintenance of dam removal project data1 the lesser of-- 7#a7 #c percent2 and 7#b7 #a1ejj1jjj4 #cji4 ,general provisions 7a7 ,agency consultation and coordination ,in carrying out this title1 the ,secretary shall1 as necessary1 consult with1 cooperate with1 and coordinate activities with the activities of other ,federal agencies4 7b7 ,cooperative agreements2 memoranda of understanding ,in carrying out this title1 the ,secretary and other ,federal agencies1 as appropriate1 may-- 7#a7 enter into cooperative agreements or contracts with ,federal1 ,state1 and local government agencies1 nongovernmental organizations1 and other entities2 and 7#b7 execute such memoranda of understanding as are necessary to reflect the agreements4 7c7 ,federal agency facilities and personnel ,federal agencies may-- 7#a7 cooperate in carrying out scientific and other programs necessary to carry out this title2 and 7#b7 provide facilities and personnel for the purpose of assisting the ,council in carrying out the duties of the ,council under this title4 ,,iv ,reimagined ,federal ,dams #dja4 ,national dam assessment 7a7 ,in general ,the ,national dam assessment will assimilate data to provide for stakeholders to determine whether a dam may be an appropriate candidate to remove1 upgrade1 enhance environmental performance1 or retrofit for hydropower production4 ,the assessment is intended for data gathering and analysis tools and will not make recommendations on individual dams4 7b7 ,dam assessments and data gathering 7#a7 ,in general ,the ,u4,s4 ,geological ,survey and ,department of ,energy 7,lead agencies7 shall jointly conduct an assessment of the ,nation's dam infrastructure1 including government and privately owned powered and non-powered dams4 ,in conducting its assessment1 the ,lead agencies shall consult with other ,federal and ,state government agencies1 including the ,corps of ,engineers1 the ,bureau of ,reclamation1 the ,federal ,energy ,regulatory ,commission1 the ,federal ,emergency ,management ,agency1 the ,u4,s4 ,fish and ,wildlife ,service1 ,,noaa1 ,state dam safety officials1 and other stakeholders4 7#b7 ,purpose ,the purpose of the assessment is to integrate existing data to help stakeholders identify-- 7,a7 dams that continue to serve vital roles and may be priorities for upgrades1 environmental performance enhancements1 or retrofits to add or replace generation at powered and non-powered facilities2 and 7,b7 dams that may have been abandoned1 have reached the end of their useful life1 or otherwise may be candidates for removal and river restoration4 7#c7 ,content 7,a7 ,the ,lead agencies shall1 in consultation with the other ,federal and ,state agencies1 the ,dam ,removal ,council established under section #cjd1 as well as other stakeholders1 develop a set of data and other factors relevant to dam upgrades1 retrofit and removal1 including but not limited to age1 height1 water flow1 hazard classifications1 condition assessment1 environmental improvement opportunities1 climate change risks1 known functions and other factors determined by the ,lead agencies to meet the goals of the assessment4 7,b7 ,at the time of submission of the report to ,congress1 the ,lead agencies shall make the assessment publicly available in a written and an electronically searchable format4 7,c7 ,the ,lead agencies shall1 to the extent possible1 compile pre-existing information from ,federal and ,state government sources and avoid duplicating existing assessments of any particular dam1 facility1 or project4 #djb4 ,federal dam assessments 7a7 ,in general ,federal agencies that own dams shall assess their dams to identify which should be removed1 upgraded1 enhanced for environmental performance1 or retrofitted for hydropower production4 7b7 ,criteria ,the lead agencies section #dja7;b7 will work with dam-owning ,federal agencies and the ,dam ,removal ,council to develop criteria for agencies to use to complete the assessments4 7c7 ,assessment ,using the criteria from subsection 7b71 ,federal agencies that own dams shall assess their dams to identify those appropriate for the outcomes in subsection 7a7 or other outcomes determined by the lead agencies4 7d7 ,outcomes ,those outcomes identified by the assessment should not be compelled1 but should inform future action by the agencies4 #djc4 ,report ,the ,secretary shall submit to the ,committees on ,energy and ,commerce1 ,natural ,resources1 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 #ah months after the date of the enactment of this ,act4 ,the assessment and report to ,congress shall be updated every #c years thereafter4 #djd4 ,investing in ,federal dam infrastructure 7a7 ,corps of ,engineers ,there are authorized to be appropriated #a1fjj1jjj1jjj for fiscal years #bjbb through #bjbf for the following dam-related activities3 7#a7 ,safety improvements1 including concrete repair1 tunnel work1 and gate repair and replacement4 7#b7 ,environmental improvements1 including fish passage1 environmental flows1 water quality1 temperature1 and dissolved oxygen upgrades4 7#c7 ,hydropower unit maintenance and upgrades4 7#d7 ,transmission1 distribution1 and substation upgrades4 7#e7 ,control room upgrades4 7#f7 ,efficiency1 flexibility1 and capacity improvements4 7#g7 ,deployment of innovative technologies1 none of the funds authorized under this section shall have to be recouped by the ,corps of ,engineers4 7#h7 ,evaluation to address disposition to appropriately direct expenditures4 7#i7 ,backlogged maintenance and operation activities4 7b7 ,bureau of ,reclamation ,there are authorized to be appropriated #djj1jjj1jjj for each of fiscal years #bjbb through #bjbf for the following dam-related activities3 7#a7 ,safety improvements1 including concrete repair1 tunnel work1 and gate repair and replacement4 7#b7 ,environmental improvements1 including fish passage1 environmental flows1 water quality1 temperature1 and dissolved oxygen upgrades4 7#c7 ,hydropower unit maintenance and upgrades4 7#d7 ,transmission1 distribution1 and substation upgrades4 7#e7 ,control room upgrades4 7#f7 ,backlogged operations and maintenance activities4 7#g7 ,upgrades1 efficiency1 flexibility1 and capacity improvements4 7#h7 ,deployment of innovative technologies4 7#i7 ,evaluation to address disposition to appropriately direct expenditures4 7#aj7 ,none of the funds authorized under this section shall have to be recouped by the ,bureau of ,reclamation4 7c7 ,united ,states ,forest ,service ,there are authorized to be appropriated #gj1jjj1jjj for each of fiscal years #bjbb through #bjbf for the following dam-related activities3 7#a7 ,safety improvements4 7#b7 ,environmental improvements4 7#c7 ,backlogged operations and maintenance activities4 7#d7 ,upgrades1 efficiency1 flexibility1 and capacity improvements4 7#e7 ,deployment of innovative technologies4 7#f7 ,evaluation to address disposition to appropriately direct expenditures4 7d7 ,bureau of ,indian ,affairs ,there are authorized to be appropriated #acj1jjj1jjj for each of fiscal years #bjbb through #bjbf for the following dam-related activities3 7#a7 ,safety and environmental improvements4 7#b7 ,backlogged operations and maintenance activities4 7#c7 ,upgrades1 efficiency1 flexibility1 and capacity improvements4 7#d7 ,deployment of innovative technologies4 7#e7 ,evaluation to address disposition to appropriately direct expenditures4 7#f7 ,none of the funds authorized under this section shall have to be recouped by the ,bureau of ,indian ,affairs4 7e7 ,united ,states ,geological ,survey ,there are authorized to be appropriated #e1jjj1jjj for fiscal year #bjbb to complete the assessments contained in sections #dja and #djb4 7f7 ,interagency cooperation ,the ,secretary of each agency included in this section1 or their designee1 shall meet annually to ensure investments are coordinated to improve river health1 hydropower output1 and public safety4 7g7 ,department of ,energy ,there is authorized to be appropriated #ej1jjj1jjj for each of fiscal years #bjbb through #bjbf for activities related to the following activities3 7#a7 ,an assessment of the ,nation's dam infrastructure under section #dja7;b74 7#b7 ,research1 development1 and deployment to support-- 7,a7 development of innovative waterpower technologies2 7,b7 development of technology to improve retrofitting and rehabilitating hydropower dams2 and 7,c7 enhancements to hydropower's ability to support grid resilience4