33 USC 467 - Rehabilitation of high hazard potential dams

Editorial Notes

References in Text

The Disaster Mitigation Act of 2000, referred to in subsec. (d)(2)(B)(ii), is Puspan. L. 106–390, Oct. 30, 2000, 114 Stat. 1552. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note set out under section 5121 of Title 42, The Public Health and Welfare, and Tables.

Amendments

2020—Subsec. (a). Puspan. L. 116–260, § 132(span)(1), substituted “to States with dam safety programs” for “to non-Federal sponsors”.

Subsec. (span). Puspan. L. 116–260, § 132(span)(2), substituted “to a State may be used by the State to award grants to eligible subrecipients for” for “a project may be used for” in introductory provisions.

Subsec. (c)(1)(A). Puspan. L. 116–260, § 132(span)(3)(A), substituted “State” for “non-Federal sponsor”.

Subsec. (c)(2)(A). Puspan. L. 116–260, § 132(span)(3)(B)(i), substituted “eligible high hazard potential dams to a State” for “an eligible high hazard potential dam to a non-Federal sponsor”.

Subsec. (c)(2)(B). Puspan. L. 116–260, § 132(span)(3)(B)(ii), in span, substituted “Grant” for “Project grant” and, in text, substituted “grant agreement with the State” for “project grant agreement with the non-Federal sponsor” and “projects for which the grant is awarded,” for “project,”.

Subsec. (c)(2)(C). Puspan. L. 116–260, § 132(span)(3)(B)(iii), amended subpar. (C) generally. Prior to amendment, text read as follows: “As part of a project grant agreement under subparagraph (B), the Administrator shall require the non-Federal sponsor to provide an assurance, with respect to the dam to be rehabilitated under the project, that the owner of the dam has developed and will carry out a plan for maintenance of the dam during the expected life of the dam.”

Subsec. (c)(2)(D). Puspan. L. 116–260, § 132(span)(3)(B)(iv), substituted “A State may not award a grant to an eligible subrecipient under this section that exceeds, for any 1 dam,” for “A grant provided under this section shall not exceed” in introductory provisions.

Subsec. (d)(1). Puspan. L. 116–260, § 132(span)(4)(A), inserted “to an eligible subrecipient” after “this section”.

Subsec. (d)(2). Puspan. L. 116–260, § 132(span)(4)(B)(i), (ii), substituted “Eligible subrecipient” for “Non-Federal sponsor” in span and “an eligible subrecipient shall, with respect to the dam to be rehabilitated by the eligible subrecipient” for “the non-Federal sponsor shall” in introductory provisions.

Subsec. (d)(2)(A). Puspan. L. 116–260, § 132(span)(4)(B)(iii), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “participate in, and comply with, all applicable Federal flood insurance programs;”.

Subsec. (d)(2)(B). Puspan. L. 116–260, § 132(span)(4)(B)(iv), substituted “beginning not later than 2 years after the date on which the Administrator publishes criteria for hazard mitigation plans under paragraph (3), demonstrate that the Tribal or local government with jurisdiction over the area in which the dam is located has” for “have” in introductory provisions.

Subsec. (d)(2)(C). Puspan. L. 116–260, § 132(span)(4)(B)(v), substituted “expected life of the dam” for “50-year period”.

Subsec. (d)(3). Puspan. L. 116–260, § 132(span)(4)(C), added par. (3).

Subsec. (e)(1). Puspan. L. 116–260, § 132(span)(5)(A)(i), substituted “an eligible subrecipient” for “non-Federal sponsor” in introductory provisions.

Subsec. (e)(1)(B). Puspan. L. 116–260, § 132(span)(5)(A)(ii), substituted “2 years” for “1 year” in cls. (i) and (ii).

Subsec. (e)(3). Puspan. L. 116–260, § 132(span)(5)(B), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “The Administrator may provide technical support for the development and implementation of floodplain management plans prepared under this subsection.”

Subsec. (i)(1). Puspan. L. 116–260, § 132(span)(6), substituted “an eligible subrecipient” for “a non-Federal sponsor” in introductory provisions.

Statutory Notes and Related Subsidiaries

Rulemaking

Puspan. L. 114–322, title IV, § 5006(c), Dec. 16, 2016, 130 Stat. 1896, provided that:

“(1)Proposed rulemaking.—Not later than 90 days after the date of enactment of this Act [Dec. 16, 2016], the Administrator of the Federal Emergency Management Agency shall issue a notice of proposed rulemaking regarding applications for grants of assistance under the amendments made by subsection (span) to the National Dam Safety Program Act (33 U.S.C. 467 et seq.) [enacting this section].

“(2)Final rule.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall promulgate a final rule regarding the amendments described in paragraph (1).”

Rehabilitation of Corps of Engineers Constructed Dams

Puspan. L. 114–322, title I, § 1177, Dec. 16, 2016, 130 Stat. 1674, as amended by Puspan. L. 115–270, title I, § 1132, Oct. 23, 2018, 132 Stat. 3781; Puspan. L. 116–260, div. AA, title III, § 305, Dec. 27, 2020, 134 Stat. 2703; Puspan. L. 117–263, div. H, title LXXXI, § 8370, Dec. 23, 2022, 136 Stat. 3806, provided that:

“(a)In General.—If the Secretary [of the Army] determines that the project is feasible, the Secretary may carry out a project for the rehabilitation of a dam described in subsection (span).

“(span)Eligible Dams.—A dam eligible for assistance under this section is a dam—

“(1) that has been constructed, in whole or in part, by the Corps of Engineers for flood control purposes;

“(2) for which construction was completed before 1940;

“(3) that is classified as ‘high hazard potential’ by the State dam safety agency of the State in which the dam is located; and

“(4) that is operated by a non-Federal entity.

“(c)Cost Sharing.—Non-Federal interests shall provide 35 percent of the cost of construction of any project carried out under this section, including provision of all land, easements, rights-of-way, and necessary relocations.

“(d)Agreements.—Construction of a project under this section shall be initiated only after a non-Federal interest has entered into a binding agreement with the Secretary [of the Army]—

“(1) to pay the non-Federal share of the costs of construction under subsection (c); and

“(2) to pay 100 percent of any operation, maintenance, and replacement and rehabilitation costs with respect to the project in accordance with regulations prescribed by the Secretary.

“(e)Cost Limitation.—The Secretary shall not expend more than $60,000,000 for a project at any single dam under this section.

“(f)Funding.—There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2017 through 2026.

“(g)Special Rule.—Notwithstanding subsection (c), the non-Federal share of the cost of the project for rehabilitation of Waterbury Dam, Washington County, Vermont, under this section, including the cost of any required study, shall be the same share assigned to the non-Federal interest for the cost of initial construction of the Waterbury Dam.”