---
kind: "range"
citation: "33 U.S.C. §§ 467f–467g–1"
title: "33"
from: "467f"
to: "467g–1"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/33/467f..467g-1"
---

# §467f. National dam safety program

- (a) **In general—** The [Administrator](/usc/33/467.md?p=1), in consultation with [ICODS](/usc/33/467.md?p=9) and [State dam safety agencies](/usc/33/467.md?p=14), and the [Board](/usc/33/467.md?p=2) shall establish and maintain, in accordance with this section, a coordinated national [dam](/usc/33/467.md?p=3) safety [program](/usc/33/467.md?p=11). The [Program](/usc/33/467.md?p=11) shall—
  - (1) be administered by [FEMA](/usc/33/467.md?p=7) to achieve the objectives set forth in [subsection (c)](#c);
  - (2) involve, to the extent appropriate, each [Federal agency](/usc/33/467.md?p=5); and
  - (3) include—
    - (A) each of the components described in [subsection (d)](#d);
    - (B) the strategic plan described in [subsection (b)](#b); and
    - (C) assistance for [State dam safety programs](/usc/33/467.md?p=15) described in [subsection (e)](#e).
- (b) **Duties—** The [Administrator](/usc/33/467.md?p=1) shall prepare a strategic plan—
  - (1) to establish goals, priorities, performance measures, and target dates toward effectively administering this subchapter in order to improve the safety of [dams](/usc/33/467.md?p=3) in the [United States](/usc/33/467.md?p=17); and
  - (2) to the extent feasible, to establish cooperation and coordination with, and assistance to, interested governmental entities in all [States](/usc/33/701h.md).
- (c) **Objectives—** The objectives of the [Program](/usc/33/467.md?p=11) are to—
  - (1) ensure that new and existing [dams](/usc/33/467.md?p=3) are safe through the development of technologically and economically feasible [programs](/usc/33/467.md?p=11) and procedures for national [dam](/usc/33/467.md?p=3) safety [hazard reduction](/usc/33/467.md?p=8);
  - (2) encourage acceptable engineering policies and procedures to be used for [dam](/usc/33/467.md?p=3) site investigation, design, [construction](/usc/33/426e.md?p=c), operation and maintenance, and emergency preparedness;
  - (3) encourage the establishment and implementation of effective [dam](/usc/33/467.md?p=3) safety [programs](/usc/33/467.md?p=11) in each [State](/usc/33/467.md?p=13) based on [State](/usc/33/467.md?p=13) standards;
  - (4) develop and implement a comprehensive [dam](/usc/33/467.md?p=3) safety hazard education and public awareness initiative to assist the public in preparing for, mitigating, responding to, and recovering from [dam](/usc/33/467.md?p=3) incidents;
  - (5) develop technical assistance [materials](/usc/33/1402.md?p=c) for Federal and non-Federal [dam](/usc/33/467.md?p=3) safety [programs](/usc/33/467.md?p=11);
  - (6) develop mechanisms with which to provide Federal technical assistance for [dam](/usc/33/467.md?p=3) safety to the non-Federal sector; and
  - (7) develop technical assistance [materials](/usc/33/1402.md?p=c), seminars, and guidelines to improve security for [dams](/usc/33/467.md?p=3) in the [United States](/usc/33/467.md?p=17).
- (d) **Components—**
  - (1) **In general—** The [Program](/usc/33/467.md?p=11) shall consist of—
    - (A) a Federal element and a non-Federal element; and
    - (B) leadership activity, technical assistance activity, and public awareness activity.
  - (2) **Elements—**
    - (A) **Federal—** The Federal element shall incorporate the activities and practices carried out by [Federal agencies](/usc/33/467.md?p=5) under [section 467e of this title](/usc/33/467e.md) to implement the [Federal Guidelines for Dam Safety](/usc/33/467.md?p=6).
    - (B) **Non-Federal—** The non-Federal element shall consist of—
      - (i) the activities and practices carried out by [States](/usc/33/701h.md), local governments, and the private sector to safely build, regulate, operate, and maintain [dams](/usc/33/467.md?p=3); and
      - (ii) Federal activities that foster [State](/usc/33/467.md?p=13) efforts to develop and implement effective [programs](/usc/33/467.md?p=11) for the safety of [dams](/usc/33/467.md?p=3).
  - (3) **Functional activities—**
    - (A) **Leadership—** The leadership activity shall be the responsibility of [FEMA](/usc/33/467.md?p=7) and shall be exercised by chairing the [Board](/usc/33/467.md?p=2) to coordinate national efforts to improve the safety of the [dams](/usc/33/467.md?p=3) in the [United States](/usc/33/467.md?p=17).
    - (B) **Technical assistance—** The technical assistance activity shall consist of the transfer of knowledge and technical information among the Federal and non-Federal elements described in [paragraph (2)](#d-2).
    - (C) **Public awareness—** The public awareness activity shall provide for the education of the public, including [State](/usc/33/467.md?p=13) and local officials, in the hazards of [dam](/usc/33/467.md?p=3) failure, methods of reducing the adverse consequences of [dam](/usc/33/467.md?p=3) failure, and related matters.
- (e) **Assistance for State dam safety programs—**
  - (1) **In general—** To encourage the establishment and maintenance of effective [State](/usc/33/467.md?p=13) [programs](/usc/33/467.md?p=11) intended to ensure [dam](/usc/33/467.md?p=3) safety, to protect human life and property, and to improve [State dam safety programs](/usc/33/467.md?p=15), the [Administrator](/usc/33/467.md?p=1) shall provide assistance with amounts made available under [section 467j](/usc/33/467j.md)[^1] of this title to assist [States](/usc/33/701h.md) in establishing, maintaining, and improving [dam](/usc/33/467.md?p=3) safety [programs](/usc/33/467.md?p=11) in accordance with the criteria specified in [paragraph (2)](#e-2).
  - (2) **Criteria and budgeting requirement—** For a [State](/usc/33/467.md?p=13) to be eligible for assistance under this subsection, a [State dam safety program](/usc/33/467.md?p=15) must be working toward meeting the following criteria and budgeting requirement:
    - (A) **Criteria—** A [State dam safety program](/usc/33/467.md?p=15) must be authorized by [State](/usc/33/467.md?p=13) legislation to include, at a minimum—
      - (i) the authority to review and approve plans and specifications to construct, enlarge, modify, remove, and abandon [dams](/usc/33/467.md?p=3);
      - (ii) the authority to perform periodic inspections during [dam](/usc/33/467.md?p=3) [construction](/usc/33/426e.md?p=c) to ensure compliance with approved plans and specifications;
      - (iii) a requirement that, on completion of [dam](/usc/33/467.md?p=3) [construction](/usc/33/426e.md?p=c), [State](/usc/33/467.md?p=13) approval must be given before operation of the [dam](/usc/33/467.md?p=3);
      - (iv) the authority to require or perform periodic evaluations of all [dams](/usc/33/467.md?p=3) and reservoirs to determine the extent of the threat to human life and property in case of failure;
      - (v)
        - (I) the authority to require or perform the inspection, at least once every 5 years, of all [dams](/usc/33/467.md?p=3) and reservoirs that would pose a significant threat to human life and property in case of failure to determine the continued safety of the [dams](/usc/33/467.md?p=3) and reservoirs; and
        - (II) a procedure for more detailed and frequent safety inspections;
      - (vi) a requirement that all inspections be performed under the supervision of a [State](/usc/33/467.md?p=13)-registered professional engineer with related experience in [dam](/usc/33/467.md?p=3) design and [construction](/usc/33/426e.md?p=c);
      - (vii) the authority to issue notices, when appropriate, to require owners of [dams](/usc/33/467.md?p=3) to perform necessary maintenance or remedial work, install and monitor instrumentation, improve security, revise operating procedures, or take other actions, including breaching [dams](/usc/33/467.md?p=3) when necessary;
      - (viii) regulations for carrying out the legislation of the [State](/usc/33/467.md?p=13) described in this subparagraph;
      - (ix) provision for necessary funds—
        - (I) to ensure timely repairs or other changes to, or removal of, a [dam](/usc/33/467.md?p=3) in order to protect human life and property; and
        - (II) if the owner of the [dam](/usc/33/467.md?p=3) does not take action described in [subclause (I)](#e-2-A-ix-I), to take appropriate action as expeditiously as practicable;
      - (x) a [system](/usc/33/3602.md?p=8) of emergency procedures to be used if a [dam](/usc/33/467.md?p=3) fails or if the failure of a [dam](/usc/33/467.md?p=3) is imminent; and
      - (xi) an identification of—
        - (I) each [dam](/usc/33/467.md?p=3) the failure of which could be reasonably expected to endanger human life;
        - (II) the maximum area that could be flooded if the [dam](/usc/33/467.md?p=3) failed; and
        - (III) necessary public facilities that would be affected by the flooding.
    - (B) **Budgeting requirement—** For a [State](/usc/33/467.md?p=13) to be eligible for assistance under this subsection, [State](/usc/33/467.md?p=13) appropriations must be budgeted to carry out the legislation of the [State](/usc/33/467.md?p=13) under [subparagraph (A)](#e-2-A).
  - (3) **Work plans—** The [Administrator](/usc/33/467.md?p=1) shall enter into a[^2] agreement with each [State](/usc/33/467.md?p=13) receiving assistance under [paragraph (2)](#e-2) to develop a work plan necessary for the [State dam safety program](/usc/33/467.md?p=15) to reach a level of [program](/usc/33/467.md?p=11) performance specified in the agreement.
  - (4) **Maintenance of effort—** Assistance may not be provided to a [State](/usc/33/467.md?p=13) under this subsection for a fiscal year unless the [State](/usc/33/467.md?p=13) enters into such agreement with the [Administrator](/usc/33/467.md?p=1) as the [Administrator](/usc/33/467.md?p=1) requires to ensure that the [State](/usc/33/467.md?p=13) will maintain the aggregate expenditures of the [State](/usc/33/467.md?p=13) from all other sources for [programs](/usc/33/467.md?p=11) to ensure [dam](/usc/33/467.md?p=3) safety for the protection of human life and property at or above a level equal to the average annual level of such expenditures for the 2 fiscal years preceding the fiscal year.
  - (5) **Approval of programs—**
    - (A) **Submission—** For a [State](/usc/33/467.md?p=13) to be eligible for assistance under this subsection, a plan for a [State dam safety program](/usc/33/467.md?p=15) shall be submitted to the [Administrator](/usc/33/467.md?p=1) for approval.
    - (B) **Approval—** A [State dam safety program](/usc/33/467.md?p=15) shall be deemed to be approved 120 days after the date of receipt by the [Administrator](/usc/33/467.md?p=1) unless the [Administrator](/usc/33/467.md?p=1) determines within the 120-day period that the [State dam safety program](/usc/33/467.md?p=15) fails to meet the requirements of [paragraphs (1) through (3)](#e-1..e-3).
    - (C) **Notification of disapproval—** If the [Administrator](/usc/33/467.md?p=1) determines that a [State dam safety program](/usc/33/467.md?p=15) does not meet the requirements for approval, the [Administrator](/usc/33/467.md?p=1) shall immediately notify the [State](/usc/33/467.md?p=13) in writing and provide the reasons for the determination and the changes that are necessary for the plan to be approved.
  - (6) **Review of State dam safety programs—** Using the expertise of the [Board](/usc/33/467.md?p=2), the [Administrator](/usc/33/467.md?p=1) shall periodically review [State dam safety programs](/usc/33/467.md?p=15). If the [Board](/usc/33/467.md?p=2) finds that a [State dam safety program](/usc/33/467.md?p=15) has proven inadequate to reasonably protect human life and property and the [Administrator](/usc/33/467.md?p=1) concurs, the [Administrator](/usc/33/467.md?p=1) shall revoke approval of the [State dam safety program](/usc/33/467.md?p=15), and withhold assistance under this subsection, until the [State dam safety program](/usc/33/467.md?p=15) again meets the requirements for approval.
- (f) **Board—**
  - (1) **Establishment—** The [Administrator](/usc/33/467.md?p=1) shall establish an advisory [board](/usc/33/467.md?p=2) to be known as the “National [Dam](/usc/33/467.md?p=3) Safety Review [Board](/usc/33/467.md?p=2)” to monitor the safety of [dams](/usc/33/467.md?p=3) in the [United States](/usc/33/467.md?p=17), to monitor [State](/usc/33/467.md?p=13) implementation of this section, and to advise the [Administrator](/usc/33/467.md?p=1) on national [dam](/usc/33/467.md?p=3) safety policy.
  - (2) **Authority—** The [Board](/usc/33/467.md?p=2) may use the expertise of [Federal agencies](/usc/33/467.md?p=5) and enter into contracts for necessary studies to carry out this section.
  - (3) **Voting membership—** The [Board](/usc/33/467.md?p=2) shall consist of 11 voting members selected by the [Administrator](/usc/33/467.md?p=1) for expertise in [dam](/usc/33/467.md?p=3) safety, of whom—
    - (A) 1 member shall represent the Department of Agriculture;
    - (B) 1 member shall represent the Department of Defense;
    - (C) 1 member shall represent the Department of the Interior;
    - (D) 1 member shall represent [FEMA](/usc/33/467.md?p=7);
    - (E) 1 member shall represent the Federal Energy Regulatory Commission;
    - (F) 5 members shall be selected by the [Administrator](/usc/33/467.md?p=1) from among [State](/usc/33/467.md?p=13) [dam](/usc/33/467.md?p=3) safety officials; and
    - (G) 1 member shall be selected by the [Administrator](/usc/33/467.md?p=1) to represent the private sector.
  - (4) **Nonvoting membership—** The [Administrator](/usc/33/467.md?p=1), in consultation with the [Board](/usc/33/467.md?p=2), may invite a representative of the National Laboratories of the Department of Energy and may invite representatives from Federal or [State](/usc/33/467.md?p=13) agencies, representatives from nongovernmental organizations, or [dam](/usc/33/467.md?p=3) safety experts, as needed, to participate in meetings of the [Board](/usc/33/467.md?p=2).
  - (5) **Duties—**
    - (A) **In general—** The [Board](/usc/33/467.md?p=2) shall encourage the establishment and maintenance of effective [programs](/usc/33/467.md?p=11), policies, and guidelines to enhance [dam](/usc/33/467.md?p=3) safety for the protection of human life and property throughout the [United States](/usc/33/467.md?p=17).
    - (B) **Coordination and information exchange among agencies—** In carrying out [subparagraph (A)](#f-5-A), the [Board](/usc/33/467.md?p=2) shall encourage coordination and information exchange among Federal and [State dam safety agencies](/usc/33/467.md?p=14) that share common problems and responsibilities for [dam](/usc/33/467.md?p=3) safety, including planning, design, [construction](/usc/33/426e.md?p=c), operation, emergency action planning, inspections, maintenance, regulation or licensing, technical or financial assistance, research, and data management.
  - (6) **Work groups—** The [Administrator](/usc/33/467.md?p=1) may establish work groups under the [Board](/usc/33/467.md?p=2) to assist the [Board](/usc/33/467.md?p=2) in accomplishing its goals. The work groups shall consist of members of the [Board](/usc/33/467.md?p=2) and other individuals selected by the [Administrator](/usc/33/467.md?p=1).
  - (7) **Compensation of members—**
    - (A) **Federal employees—** Each member of the [Board](/usc/33/467.md?p=2) who is an officer or employee of the [United States](/usc/33/467.md?p=17) shall serve without compensation in addition to compensation received for the services of the member as an officer or employee of the [United States](/usc/33/467.md?p=17).
    - (B) **Other members—** Each member of the [Board](/usc/33/467.md?p=2) who is not an officer or employee of the [United States](/usc/33/467.md?p=17) shall serve without compensation.
  - (8) **Travel expenses—**
    - (A) **Representatives of Federal agencies—** To the extent amounts are made available in advance in appropriations Acts, each member of the [Board](/usc/33/467.md?p=2) who represents a [Federal agency](/usc/33/467.md?p=5) shall be reimbursed of appropriations for travel expenses by his or her agency, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of [chapter 57](/usc/5/chptIII-sptD-ch57.md) of title 5, while away from the home or regular place of business of the member in the performance of services for the [Board](/usc/33/467.md?p=2).
    - (B) **Other individuals—** To the extent amounts are made available in advance in appropriations Acts, each member of the [Board](/usc/33/467.md?p=2) who represents a [State](/usc/33/467.md?p=13) agency, the member of the [Board](/usc/33/467.md?p=2) who represents the private sector, and each member of a work group created under [paragraph (1)](#f-1) shall be reimbursed for travel expenses by [FEMA](/usc/33/467.md?p=7), including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of [chapter 57](/usc/5/chptIII-sptD-ch57.md) of title 5, while away from home or regular place of business of the member in performance of services for the [Board](/usc/33/467.md?p=2).
  - (9) **Applicability of chapter 10 of title 5—** [Chapter 10](/usc/5/chptI-ch10.md) of title 5 shall not apply to the [Board](/usc/33/467.md?p=2).

# §467f–1. Lock and dam security

- (a) **Standards—** The [Secretary](/usc/33/426h–1.md?p=2), in consultation with the Federal Emergency Management Agency, the Tennessee Valley Authority, and the Coast Guard, shall develop standards for the security of locks and [dams](/usc/33/467.md?p=3), including the testing and certification of vessel exclusion barriers.
- (b) **Site surveys—** At the request of a lock or [dam](/usc/33/467.md?p=3) owner, the [Secretary](/usc/33/426h–1.md?p=2) shall provide technical assistance, on a reimbursable basis, to improve lock or [dam](/usc/33/467.md?p=3) security.
- (c) **Cooperative agreement—** The [Secretary](/usc/33/426h–1.md?p=2) may enter into a cooperative agreement with a nonprofit alliance of public and private organizations that has the mission of promoting safe waterways and seaports to carry out testing and certification activities, and to perform site surveys, under this section.
- (d) **Authorization of appropriations—** There is authorized to be appropriated $3,000,000 to carry out this section.

# §467f–2. Rehabilitation of high hazard potential dams

- (a) **Establishment of program—** The [Administrator](/usc/33/467.md?p=1) shall establish, within [FEMA](/usc/33/467.md?p=7), a [program](/usc/33/467.md?p=11) to provide technical, planning, design, and [construction](/usc/33/426e.md?p=c) assistance in the form of grants to [States](/usc/33/701h.md) with [dam](/usc/33/467.md?p=3) safety [programs](/usc/33/467.md?p=11) for [rehabilitation](/usc/33/467.md?p=12) of [eligible high hazard potential dams](/usc/33/467.md?p=4-A).
- (b) **Eligible activities—** A grant awarded under this section to a [State](/usc/33/467.md?p=13) may be used by the [State](/usc/33/467.md?p=13) to award grants to [eligible subrecipients](/usc/33/467.md?p=10) for—
  - (1) repair;
  - (2) removal; or
  - (3) any other structural or nonstructural measures to rehabilitate an [eligible high hazard potential dam](/usc/33/467.md?p=4-A).
- (c) **Award of grants—**
  - (1) **Application—**
    - (A) **In general—** A [State](/usc/33/467.md?p=13) interested in receiving a grant under this section may submit to the [Administrator](/usc/33/467.md?p=1) an application for the grant.
    - (B) **Requirements—** An application submitted to the [Administrator](/usc/33/467.md?p=1) under this section shall be submitted at such time, be in such form, and contain such information as the [Administrator](/usc/33/467.md?p=1) may prescribe by regulation.
  - (2) **Grant—**
    - (A) **In general—** The [Administrator](/usc/33/467.md?p=1) may make a grant in accordance with this section for [rehabilitation](/usc/33/467.md?p=12) of [eligible high hazard potential dams](/usc/33/467.md?p=4-A) to a [State](/usc/33/467.md?p=13) that submits an application for the grant in accordance with the regulations prescribed by the [Administrator](/usc/33/467.md?p=1).
    - (B) **Grant agreement—** The [Administrator](/usc/33/467.md?p=1) shall enter into a grant agreement with the [State](/usc/33/467.md?p=13) to establish the terms of the grant and the projects for which the grant is awarded, including the amount of the grant.
    - (C) **Grant assurance—** As part of a grant agreement under [subparagraph (B)](#c-2-B), the [Administrator](/usc/33/467.md?p=1) shall require that each [eligible subrecipient](/usc/33/467.md?p=10) to which the [State](/usc/33/467.md?p=13) awards a grant under this section provides an assurance from the [dam](/usc/33/467.md?p=3) owner, with respect to the [dam](/usc/33/467.md?p=3) to be rehabilitated, that the [dam](/usc/33/467.md?p=3) owner will carry out a plan for maintenance of the [dam](/usc/33/467.md?p=3) during the expected life of the [dam](/usc/33/467.md?p=3).
    - (D) **Limitation—** A [State](/usc/33/467.md?p=13) may not award a grant to an [eligible subrecipient](/usc/33/467.md?p=10) under this section that exceeds, for any 1 [dam](/usc/33/467.md?p=3), the lesser of—
      - (i) 12.5 percent of the total amount of funds made available to carry out this section; or
      - (ii) $7,500,000.
- (d) **Requirements—**
  - (1) **Approval—** A grant awarded under this section to an [eligible subrecipient](/usc/33/467.md?p=10) for a project shall be approved by the relevant [State dam safety agency](/usc/33/467.md?p=14).
  - (2) **Eligible subrecipient requirements—** To receive a grant under this section, an [eligible subrecipient](/usc/33/467.md?p=10) shall, with respect to the [dam](/usc/33/467.md?p=3) to be rehabilitated by the [eligible subrecipient](/usc/33/467.md?p=10)—
    - (A) demonstrate that the community in which the [dam](/usc/33/467.md?p=3) is located participates in, and complies with, all applicable Federal flood insurance [programs](/usc/33/467.md?p=11), including demonstrating that such community is participating in the National Flood Insurance [Program](/usc/33/467.md?p=11), and is not on probation, suspended, or withdrawn from such [Program](/usc/33/467.md?p=11);
    - (B) beginning not later than 2 years after the date on which the [Administrator](/usc/33/467.md?p=1) publishes criteria for hazard mitigation plans under [paragraph (3)](#d-3), demonstrate that the Tribal or local government with jurisdiction over the area in which the [dam](/usc/33/467.md?p=3) is located has in place a hazard mitigation plan that—
      - (i) includes all [dam](/usc/33/467.md?p=3) risks; and
      - (ii) complies with the Disaster Mitigation Act of 2000 (Public Law 106–390; 114 Stat. 1552);
    - (C) for a project not including removal, obtain a commitment from the [dam](/usc/33/467.md?p=3) owner to provide operation and maintenance of the project for the expected life of the [dam](/usc/33/467.md?p=3) following completion of [rehabilitation](/usc/33/467.md?p=12);
    - (D) comply with such minimum eligibility requirements as the [Administrator](/usc/33/467.md?p=1) may establish to ensure that each owner and operator of a [dam](/usc/33/467.md?p=3) under a participating [State dam safety program](/usc/33/467.md?p=15) and that receives assistance under this section—
      - (i) acts in accordance with the [State dam safety program](/usc/33/467.md?p=15); and
      - (ii) carries out activities relating to the public in the area around the [dam](/usc/33/467.md?p=3) in accordance with the hazard mitigation plan described in [subparagraph (B)](#d-2-B); and
    - (E) comply with [section 5196(j)(9) of title 42](/usc/42/5196.md?p=j-9) (as in effect on December 16, 2016) with respect to projects receiving assistance under this section in the same manner as recipients are required to comply in order to receive financial contributions from the [Administrator](/usc/33/467.md?p=1) for emergency preparedness purposes.
  - (3) **Hazard mitigation plan criteria—** Not later than 1 year after December 27, 2020, the [Administrator](/usc/33/467.md?p=1), in consultation with the [Board](/usc/33/467.md?p=2), shall publish criteria for hazard mitigation plans required under [paragraph (2)(B)](#d-2-B).
- (e) **Floodplain management plans—**
  - (1) **In general—** As a condition of receipt of assistance under this section, an [eligible subrecipient](/usc/33/467.md?p=10) shall demonstrate that a floodplain management plan to reduce the impacts of future flood events from a controlled or uncontrolled release from the [dam](/usc/33/467.md?p=3) or management of water levels in the area impacted by the [dam](/usc/33/467.md?p=3)—
    - (A) for a removal—
      - (i) is in place; and
      - (ii) identifies areas that would be impacted by the removal of the [dam](/usc/33/467.md?p=3) 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](/usc/33/426e.md?p=c) of the project.
  - (2) **Requirement—** In the case of a plan for a removal, the [Administrator](/usc/33/467.md?p=1) may not impose any additional requirements or conditions other than the requirements in [paragraph (1)(A)](#e-1-A).
  - (3) **Inclusions—** A plan under [paragraph (1)(B)](#e-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](/usc/33/467.md?p=3);
    - (B) plans for flood fighting and evacuation; and
    - (C) public education and awareness of flood risks.
  - (4) **Plan criteria and technical support—** The [Administrator](/usc/33/467.md?p=1), in consultation with the [Board](/usc/33/467.md?p=2), 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](/usc/33/467.md?p=1), in consultation with the [Board](/usc/33/467.md?p=2), shall develop a risk-based priority [system](/usc/33/3602.md?p=8) for use in identifying [eligible high hazard potential dams](/usc/33/467.md?p=4-A) for which grants may be made under this section.
- (g) **Funding—**
  - (1) **Cost sharing—**
    - (A) **In general—** Except as provided in [subparagraph (C)](#g-1-C), any assistance provided under this section for a project shall be subject to a non-Federal cost-sharing requirement of not less than 35 percent.
    - (B) **In-kind contributions—** The non-Federal share under [subparagraph (A)](#g-1-A) may be provided in the form of in-kind contributions.
    - (C) **Underserved communities—** [Subparagraph (A)](#g-1-A) shall not apply to a project carried out by or for the benefit of an [underserved community](/usc/33/467.md?p=16).
  - (2) **Allocation of funds—** The total amount of funds made available to carry out this section for each fiscal year shall be distributed as follows:
    - (A) **Equal distribution—** ⅓ shall be distributed equally among the [States](/usc/33/701h.md) in which the projects for which applications are submitted under [subsection (c)(1)](#c-1) are located.
    - (B) **Need-based—** ⅔ shall be distributed among the [States](/usc/33/701h.md) in which the projects for which applications are submitted under [subsection (c)(1)](#c-1) are located based on the proportion that—
      - (i) the number of [eligible high hazard potential dams](/usc/33/467.md?p=4-A) in the [State](/usc/33/467.md?p=13); bears to
      - (ii) the number of [eligible high hazard potential dams](/usc/33/467.md?p=4-A) in all such [States](/usc/33/701h.md).
- (h) **Use of funds—** None of the funds provided in the form of a grant or otherwise made available under this section shall be used—
  - (1) to rehabilitate a Federal [dam](/usc/33/467.md?p=3);
  - (2) to perform routine operation or maintenance of a [dam](/usc/33/467.md?p=3);
  - (3) to modify a [dam](/usc/33/467.md?p=3) to produce hydroelectric power;
  - (4) to increase water supply storage capacity; or
  - (5) to make any other modification to a [dam](/usc/33/467.md?p=3) that does not also improve the safety of the [dam](/usc/33/467.md?p=3).
- (i) **Contractual requirements—**
  - (1) **In general—** Subject to [paragraph (2)](#i-2), as a condition on the receipt of a grant under this section of an amount greater than $1,000,000, an [eligible subrecipient](/usc/33/467.md?p=10) that receives the grant shall require that each contract and subcontract for [program](/usc/33/467.md?p=11) management, [construction](/usc/33/426e.md?p=c) management, planning studies, [feasibility studies](/usc/33/2215.md?p=d-2), architectural services, preliminary engineering, design, engineering, surveying, mapping, and related services entered into using funds from the grant be awarded in the same manner as a contract for architectural and engineering services is awarded under—
    - (A) [chapter 11](/usc/40/chstI-ch11.md) of title 40; or
    - (B) an equivalent qualifications-based requirement prescribed by the relevant [State](/usc/33/467.md?p=13).
  - (2) **No proprietary interest—** A contract awarded in accordance with [paragraph (1)](#i-1) shall not be considered to confer a proprietary interest upon the [United States](/usc/33/467.md?p=17).
- (j) **Authorization of appropriations—** There are authorized to be appropriated to carry out this section—
  - (1) $10,000,000 for fiscal years 2017 and 2018;
  - (2) $25,000,000 for fiscal year 2019;
  - (3) $40,000,000 for fiscal year 2020; and
  - (4) $60,000,000 for each of fiscal years 2021 through 2026.

# §467g. Research

- (a) **In general—** The [Administrator](/usc/33/467.md?p=1), in cooperation with the [Board](/usc/33/467.md?p=2), shall carry out a [program](/usc/33/467.md?p=11) of technical and archival research to develop and support—
  - (1) improved techniques, historical experience, and equipment for rapid and effective [dam](/usc/33/467.md?p=3) [construction](/usc/33/426e.md?p=c), [rehabilitation](/usc/33/467.md?p=12), and inspection;
  - (2) devices for the continued monitoring of the safety of [dams](/usc/33/467.md?p=3);
  - (3) development and maintenance of information resources [systems](/usc/33/3602.md?p=8) needed to support managing the safety of [dams](/usc/33/467.md?p=3); and
  - (4) initiatives to guide the formulation of effective public policy and advance improvements in [dam](/usc/33/467.md?p=3) safety engineering, security, and management.
- (b) **Consultation—** The [Administrator](/usc/33/467.md?p=1) shall provide for [State](/usc/33/467.md?p=13) participation in research under [subsection (a)](#a) and periodically advise all [States](/usc/33/701h.md) and Congress of the results of the research.

# §467g–1. Dam safety training


At the request of any [State](/usc/33/467.md?p=13) that has or intends to develop a [State dam safety program](/usc/33/467.md?p=15), the [Administrator](/usc/33/467.md?p=1) shall provide training for [State](/usc/33/467.md?p=13) [dam](/usc/33/467.md?p=3) safety staff and inspectors.