National Dam Safety Program Reauthorization Act of 2023

“(13) Small disadvantaged community—The term small disadvantaged community means a community with a population of less than 50,000 that has a median household income of less than 80 percent of the statewide median household income.”

“(C) Grant assurance—As part of a grant agreement under subparagraph (B), the Administrator shall require that each eligible subrecipient to which the State awards a grant under this section provides an assurance from the dam owner, with respect to the dam to be rehabilitated, that the dam owner will carry out a plan for maintenance of the dam during the expected life of the dam.”

“(e) Floodplain management plans

“(1) In general—As a condition of receipt of assistance under this section, an eligible subrecipient shall demonstrate that a floodplain management plan to reduce the impacts of future flood events from a controlled or uncontrolled release from the dam or management of water levels in the area impacted by the dam—

“(A) for a removal—

“(i) is in place; and

“(ii) identifies areas that would be impacted by the removal of the dam and includes a communication and outreach plan for the project and the impact of the project on the affected communities; or

“(B) for a project not including removal—

“(i) is in place; or

“(ii) will be—

“(I) developed not later than 2 years after the date of execution of a project agreement for assistance under this section; and

“(II) implemented not later than 2 years after the date of completion of construction of the project.

“(2) Requirement—In the case of a plan for a removal, the Administrator may not impose any additional requirements or conditions other than the requirements in paragraph (1)(A).

“(3) Inclusions—A plan under paragraph (1)(B) shall address—

“(A) potential measures, practices, and policies to reduce loss of life, injuries, damage to property and facilities, public expenditures, and other adverse impacts of flooding in the area protected or impacted by the dam;

“(B) plans for flood fighting and evacuation; and

“(C) public education and awareness of flood risks.

“(4) Plan criteria and technical support—The Administrator, in consultation with the Board, shall provide criteria, and may provide technical support, for the development and implementation of floodplain management plans prepared under this subsection.”

“(f) Priority system—The Administrator, in consultation with the Board, shall develop a risk-based priority system for States to use in prioritizing multiple applications each year for eligible high hazard potential dams for which grants may be made under this section.”