USC Subchapter VII

in effect

33 U.S.C. § 467 Definitions

In this subchapter, the following definitions apply: (1) AdministratorThe term “Administrator” means the Administrator of the Federal Emergency Management Agency. (2) BoardThe term “Board” means a National Dam Safety Review Board established under section 467f(f) of this title. (3) DamThe term “dam”—(A) means any artificial barrier that has the ability to impound water, wastewater, or any liquid-borne material, for the purpose of storage or control of water, that—(i) is 25 feet or more in height from—(I) the natural bed of the stream channel or watercourse measured at the downstream toe of the barrier; or (II) if the barrier is not across a stream channel or watercourse, from the lowest elevation of the outside limit of the barrier; to the maximum water storage elevation; or (ii) has an impounding capacity for maximum storage elevation of 50 acre-feet or more; but (B) does not include—(i) a levee; or (ii) a barrier described in subparagraph (A) that—(I) is 6 feet or less in height regardless of storage capacity; or (II) has a storage capacity at the maximum water storage elevation that is 15 acre-feet or less regardless of height; unless the barrier, because of the location of the barrier or another physical characteristic of the barrier, is likely to pose a significant threat to human life or property if the barrier fails (as determined by the Administrator). (4) Eligible high hazard potential dam(A) In generalThe term “eligible high hazard potential dam” means a non-Federal dam that—(i) is located in a State with a State dam safety program; (ii) is classified as “high hazard potential” by the State dam safety agency in the State in which the dam is located; (iii) has an emergency action plan that—(I) is approved by the relevant State dam safety agency; or (II) is in conformance with State law and pending approval by the relevant State dam safety agency; (iv) fails to meet minimum dam safety standards of the State in which the dam is located, as determined by the State; and (v) poses an unacceptable risk to the public, as determined by the Administrator, in consultation with the Board. (B) ExclusionThe term “eligible high hazard potential dam” does not include—(i) a licensed hydroelectric dam under a hydropower project with an authorized installed capacity of greater than 1.5 megawatts; or (ii) a dam built under the authority of the Secretary of Agriculture. (5) Federal agencyThe term “Federal agency” means a Federal agency that designs, finances, constructs, owns, operates, maintains, or regulates the construction, operation, or maintenance of a dam. (6) Federal Guidelines for Dam SafetyThe term “Federal Guidelines for Dam Safety” means the FEMA publication, numbered 93 and dated June 1979, that defines management practices for dam safety at all Federal agencies. (7) FEMAThe term “FEMA” means the Federal Emergency Management Agency. (8) Hazard reductionThe term “hazard reduction” means the reduction in the potential consequences to life and property of dam failure. (9) ICODSThe term “ICODS” means the Interagency Committee on Dam Safety established by section 467e of this title. (10) Eligible subrecipientThe term “eligible subrecipient”, in the case of a project receiving assistance under section 467f–2 of this title, includes—(A) a governmental organization; and (B) a nonprofit organization. (11) ProgramThe term “Program” means the national dam safety program established under section 467f of this title. (12) RehabilitationThe term “rehabilitation” means the repair, replacement, reconstruction, or removal of a dam that is carried out to meet applicable State dam safety and security standards. (13) StateThe term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. (14) State dam safety agencyThe term “State dam safety agency” means a State agency that has regulatory authority over the safety of non-Federal dams. (15) State dam safety programThe term “State dam safety program” means a State dam safety program approved and assisted under section 467f(e) of this title. (16) Underserved communityThe term “underserved 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. (17) United StatesThe term “United States”, when used in a geographical sense, means all of the States.

33 U.S.C. § 467a Inspection of dams

(a) In generalAs soon as practicable, the Secretary of the Army, acting through the Chief of Engineers, shall carry out a national program of inspection of dams for the purpose of protecting human life and property. All dams in the United States shall be inspected by the Secretary except (1) dams under the jurisdiction of the Bureau of Reclamation, the Tennessee Valley Authority, or the International Boundary and Water Commission, (2) dams which have been constructed pursuant to licenses issued under the authority of the Federal Power Act [16 U.S.C. 791a et seq.], (3) dams which have been inspected within the twelve-month period immediately prior to August 8, 1972, by a State agency and which the Governor of such State requests be excluded from inspection, and (4) dams which the Secretary of the Army determines do not pose any threat to human life or property. The Secretary may inspect dams which have been licensed under the Federal Power Act upon request of the Federal Energy Regulatory Commission and dams under the jurisdiction of the International Boundary and Water Commission upon request of such Commission. (b) State participationOn request of a State dam safety agency, with respect to any dam the failure of which would affect the State, the head of a Federal agency shall—(1) provide information to the State dam safety agency on the construction, operation, maintenance, condition, or provisions for emergency operations of the dam; or (2) allow any official of the State dam safety agency to participate in the Federal inspection of the dam.

33 U.S.C. § 467b Investigation reports to Governors

As soon as practicable after inspection of a dam, the Secretary shall notify the Governor of the State in which such dam is located the results of such investigation. In any case in which any hazardous conditions are found during an inspection, upon request by the owner, the Secretary, acting through the Chief of Engineers, may perform detailed engineering studies to determine the structural integrity of the dam, subject to reimbursement of such expense by the owner of such dam. The Secretary shall immediately notify the Governor of any hazardous conditions found during an inspection. The Secretary shall provide advice to the Governor, upon request, relating to timely remedial measures necessary to mitigate or obviate any hazardous conditions found during an inspection.

33 U.S.C. § 467c Determination of danger to human life and property

For the purpose of determining whether a dam (including the waters impounded by such dam) constitutes a danger to human life or property, the Secretary shall take into consideration the possibility that the dam might be endangered by overtopping, seepage, settlement, erosion, sediment, cracking, earth movement, earthquakes, failure of bulkheads, flashboard, gates on conduits, or other conditions which exist or which might occur in any area in the vicinity of the dam.

33 U.S.C. § 467d National inventory of dams and low-head dams

(a) In generalThe Secretary of the Army shall maintain and update information on the inventory of dams and low-head dams in the United States. (b) DamsThe inventory maintained under subsection (a) shall include any available information assessing each dam based on inspections completed by a Federal agency, a State dam safety agency, or a Tribal government. (c) Low-head damsThe inventory maintained under subsection (a) shall include—(1) the location, ownership, description, current use, condition, height, and length of each low-head dam; (2) any information on public safety conditions at each low-head dam; and (3) any other relevant information concerning low-head dams. (d) DataIn carrying out this section, the Secretary shall—(1) coordinate with Federal and State agencies, Tribal governments, and other relevant entities; and (2) use data provided to the Secretary by those agencies and entities. (e) Public availabilityThe Secretary shall make the inventory maintained under subsection (a) publicly available (including on a publicly available website), including—(1) public safety information on the dangers of low-head dams; and (2) a directory of financial and technical assistance resources available to reduce safety hazards and fish passage barriers at low-head dams. (f) ClarificationNothing in this section provides authority to the Secretary to carry out an activity, with respect to a low-head dam, that is not explicitly authorized under this section. (g) Low-head dam definedIn this section, the term “low-head dam” means a river-wide artificial barrier that generally spans a stream channel, blocking the waterway and creating a backup of water behind the barrier, with a drop off over the wall of not less than 6 inches and not more than 25 feet.

33 U.S.C. § 467e Interagency Committee on Dam Safety

(a) EstablishmentThere is established an Interagency Committee on Dam Safety—(1) comprised of a representative of each of the Department of Agriculture, the Department of Defense, the Department of Energy, the Department of the Interior, the Department of Labor, FEMA, the Federal Energy Regulatory Commission, the Nuclear Regulatory Commission, the Tennessee Valley Authority, and the United States Section of the International Boundary Commission; and (2) chaired by the Administrator. (b) DutiesICODS shall encourage the establishment and maintenance of effective Federal programs, policies, and guidelines intended to enhance dam safety for the protection of human life and property through coordination and information exchange among Federal agencies concerning implementation of the Federal Guidelines for Dam Safety.

33 U.S.C. § 467f National dam safety program

(a) In generalThe Administrator, in consultation with ICODS and State dam safety agencies, and the Board shall establish and maintain, in accordance with this section, a coordinated national dam safety program. The Program shall—(1) be administered by FEMA to achieve the objectives set forth in subsection (c); (2) involve, to the extent appropriate, each Federal agency; and (3) include—(A) each of the components described in subsection (d); (B) the strategic plan described in subsection (b); and (C) assistance for State dam safety programs described in subsection (e). (b) DutiesThe Administrator 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 in the United States; and (2) to the extent feasible, to establish cooperation and coordination with, and assistance to, interested governmental entities in all States. (c) ObjectivesThe objectives of the Program are to—(1) ensure that new and existing dams are safe through the development of technologically and economically feasible programs and procedures for national dam safety hazard reduction; (2) encourage acceptable engineering policies and procedures to be used for dam site investigation, design, construction, operation and maintenance, and emergency preparedness; (3) encourage the establishment and implementation of effective dam safety programs in each State based on State standards; (4) develop and implement a comprehensive dam safety hazard education and public awareness initiative to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents; (5) develop technical assistance materials for Federal and non-Federal dam safety programs; (6) develop mechanisms with which to provide Federal technical assistance for dam safety to the non-Federal sector; and (7) develop technical assistance materials, seminars, and guidelines to improve security for dams in the United States. (d) Components(1) In generalThe Program 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) FederalThe Federal element shall incorporate the activities and practices carried out by Federal agencies under section 467e of this title to implement the Federal Guidelines for Dam Safety. (B) Non-FederalThe non-Federal element shall consist of—(i) the activities and practices carried out by States, local governments, and the private sector to safely build, regulate, operate, and maintain dams; and (ii) Federal activities that foster State efforts to develop and implement effective programs for the safety of dams. (3) Functional activities(A) LeadershipThe leadership activity shall be the responsibility of FEMA and shall be exercised by chairing the Board to coordinate national efforts to improve the safety of the dams in the United States. (B) Technical assistanceThe technical assistance activity shall consist of the transfer of knowledge and technical information among the Federal and non-Federal elements described in paragraph (2). (C) Public awarenessThe public awareness activity shall provide for the education of the public, including State and local officials, in the hazards of dam failure, methods of reducing the adverse consequences of dam failure, and related matters. (e) Assistance for State dam safety programs(1) In generalTo encourage the establishment and maintenance of effective State programs intended to ensure dam safety, to protect human life and property, and to improve State dam safety programs, the Administrator shall provide assistance with amounts made available under section 467j 11 See References in Text note below. of this title to assist States in establishing, maintaining, and improving dam safety programs in accordance with the criteria specified in paragraph (2). (2) Criteria and budgeting requirementFor a State to be eligible for assistance under this subsection, a State dam safety program must be working toward meeting the following criteria and budgeting requirement:(A) CriteriaA State dam safety program must be authorized by State legislation to include, at a minimum—(i) the authority to review and approve plans and specifications to construct, enlarge, modify, remove, and abandon dams; (ii) the authority to perform periodic inspections during dam construction to ensure compliance with approved plans and specifications; (iii) a requirement that, on completion of dam construction, State approval must be given before operation of the dam; (iv) the authority to require or perform periodic evaluations of all dams 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 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 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-registered professional engineer with related experience in dam design and construction; (vii) the authority to issue notices, when appropriate, to require owners of dams to perform necessary maintenance or remedial work, install and monitor instrumentation, improve security, revise operating procedures, or take other actions, including breaching dams when necessary; (viii) regulations for carrying out the legislation of the State described in this subparagraph; (ix) provision for necessary funds—(I) to ensure timely repairs or other changes to, or removal of, a dam in order to protect human life and property; and (II) if the owner of the dam does not take action described in subclause (I), to take appropriate action as expeditiously as practicable; (x) a system of emergency procedures to be used if a dam fails or if the failure of a dam is imminent; and (xi) an identification of—(I) each dam the failure of which could be reasonably expected to endanger human life; (II) the maximum area that could be flooded if the dam failed; and (III) necessary public facilities that would be affected by the flooding. (B) Budgeting requirementFor a State to be eligible for assistance under this subsection, State appropriations must be budgeted to carry out the legislation of the State under subparagraph (A). (3) Work plansThe Administrator shall enter into a 22 So in original. Probably should be “an”. agreement with each State receiving assistance under paragraph (2) to develop a work plan necessary for the State dam safety program to reach a level of program performance specified in the agreement. (4) Maintenance of effortAssistance may not be provided to a State under this subsection for a fiscal year unless the State enters into such agreement with the Administrator as the Administrator requires to ensure that the State will maintain the aggregate expenditures of the State from all other sources for programs to ensure dam 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) SubmissionFor a State to be eligible for assistance under this subsection, a plan for a State dam safety program shall be submitted to the Administrator for approval. (B) ApprovalA State dam safety program shall be deemed to be approved 120 days after the date of receipt by the Administrator unless the Administrator determines within the 120-day period that the State dam safety program fails to meet the requirements of paragraphs (1) through (3). (C) Notification of disapprovalIf the Administrator determines that a State dam safety program does not meet the requirements for approval, the Administrator shall immediately notify the State 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 programsUsing the expertise of the Board, the Administrator shall periodically review State dam safety programs. If the Board finds that a State dam safety program has proven inadequate to reasonably protect human life and property and the Administrator concurs, the Administrator shall revoke approval of the State dam safety program, and withhold assistance under this subsection, until the State dam safety program again meets the requirements for approval. (f) Board(1) EstablishmentThe Administrator shall establish an advisory board to be known as the “National Dam Safety Review Board” to monitor the safety of dams in the United States, to monitor State implementation of this section, and to advise the Administrator on national dam safety policy. (2) AuthorityThe Board may use the expertise of Federal agencies and enter into contracts for necessary studies to carry out this section. (3) Voting membershipThe Board shall consist of 11 voting members selected by the Administrator for expertise in dam 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; (E) 1 member shall represent the Federal Energy Regulatory Commission; (F) 5 members shall be selected by the Administrator from among State dam safety officials; and (G) 1 member shall be selected by the Administrator to represent the private sector. (4) Nonvoting membershipThe Administrator, in consultation with the Board, may invite a representative of the National Laboratories of the Department of Energy and may invite representatives from Federal or State agencies, representatives from nongovernmental organizations, or dam safety experts, as needed, to participate in meetings of the Board. (5) Duties(A) In generalThe Board shall encourage the establishment and maintenance of effective programs, policies, and guidelines to enhance dam safety for the protection of human life and property throughout the United States. (B) Coordination and information exchange among agenciesIn carrying out subparagraph (A), the Board shall encourage coordination and information exchange among Federal and State dam safety agencies that share common problems and responsibilities for dam safety, including planning, design, construction, operation, emergency action planning, inspections, maintenance, regulation or licensing, technical or financial assistance, research, and data management. (6) Work groupsThe Administrator may establish work groups under the Board to assist the Board in accomplishing its goals. The work groups shall consist of members of the Board and other individuals selected by the Administrator. (7) Compensation of members(A) Federal employeesEach member of the Board who is an officer or employee of the United States shall serve without compensation in addition to compensation received for the services of the member as an officer or employee of the United States. (B) Other membersEach member of the Board who is not an officer or employee of the United States shall serve without compensation. (8) Travel expenses(A) Representatives of Federal agenciesTo the extent amounts are made available in advance in appropriations Acts, each member of the Board who represents a Federal agency 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 of title 5, while away from the home or regular place of business of the member in the performance of services for the Board. (B) Other individualsTo the extent amounts are made available in advance in appropriations Acts, each member of the Board who represents a State agency, the member of the Board who represents the private sector, and each member of a work group created under paragraph (1) shall be reimbursed for travel expenses by FEMA, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from home or regular place of business of the member in performance of services for the Board. (9) Applicability of chapter 10 of title 5Chapter 10 of title 5 shall not apply to the Board.

33 U.S.C. § 467f–1 Lock and dam security

(a) StandardsThe Secretary, 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, including the testing and certification of vessel exclusion barriers. (b) Site surveysAt the request of a lock or dam owner, the Secretary shall provide technical assistance, on a reimbursable basis, to improve lock or dam security. (c) Cooperative agreementThe Secretary 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 appropriationsThere is authorized to be appropriated $3,000,000 to carry out this section.

33 U.S.C. § 467f–2 Rehabilitation of high hazard potential dams

(a) Establishment of programThe Administrator shall establish, within FEMA, a program to provide technical, planning, design, and construction assistance in the form of grants to States with dam safety programs for rehabilitation of eligible high hazard potential dams. (b) Eligible activitiesA grant awarded under this section to a State may be used by the State to award grants to eligible subrecipients for—(1) repair; (2) removal; or (3) any other structural or nonstructural measures to rehabilitate an eligible high hazard potential dam. (c) Award of grants(1) Application(A) In generalA State interested in receiving a grant under this section may submit to the Administrator an application for the grant. (B) RequirementsAn application submitted to the Administrator under this section shall be submitted at such time, be in such form, and contain such information as the Administrator may prescribe by regulation. (2) Grant(A) In generalThe Administrator may make a grant in accordance with this section for rehabilitation of eligible high hazard potential dams to a State that submits an application for the grant in accordance with the regulations prescribed by the Administrator. (B) Grant agreementThe Administrator shall enter into a grant agreement with the State to establish the terms of the grant and the projects for which the grant is awarded, including the amount of the grant. (C) Grant assuranceAs 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. (D) LimitationA State may not award a grant to an eligible subrecipient under this section that exceeds, for any 1 dam, 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) ApprovalA grant awarded under this section to an eligible subrecipient for a project shall be approved by the relevant State dam safety agency. (2) Eligible subrecipient requirementsTo receive a grant under this section, an eligible subrecipient shall, with respect to the dam to be rehabilitated by the eligible subrecipient—(A) demonstrate that the community in which the dam is located participates in, and complies with, all applicable Federal flood insurance programs, including demonstrating that such community is participating in the National Flood Insurance Program, and is not on probation, suspended, or withdrawn from such Program; (B) 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 in place a hazard mitigation plan that—(i) includes all dam 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 owner to provide operation and maintenance of the project for the expected life of the dam following completion of rehabilitation; (D) comply with such minimum eligibility requirements as the Administrator may establish to ensure that each owner and operator of a dam under a participating State dam safety program and that receives assistance under this section—(i) acts in accordance with the State dam safety program; and (ii) carries out activities relating to the public in the area around the dam in accordance with the hazard mitigation plan described in subparagraph (B); and (E) comply with section 5196(j)(9) of title 42 (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 for emergency preparedness purposes. (3) Hazard mitigation plan criteriaNot later than 1 year after December 27, 2020, the Administrator, in consultation with the Board, shall publish criteria for hazard mitigation plans required under paragraph (2)(B). (e) Floodplain management plans(1) In generalAs 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) RequirementIn 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) InclusionsA 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 supportThe 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 systemThe Administrator, in consultation with the Board, shall develop a risk-based priority system for use in identifying eligible high hazard potential dams for which grants may be made under this section. (g) Funding(1) Cost sharing(A) In generalExcept as provided in subparagraph (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 contributionsThe non-Federal share under subparagraph (A) may be provided in the form of in-kind contributions. (C) Underserved communitiesSubparagraph (A) shall not apply to a project carried out by or for the benefit of an underserved community. (2) Allocation of fundsThe total amount of funds made available to carry out this section for each fiscal year shall be distributed as follows:(A) Equal distribution⅓ shall be distributed equally among the States in which the projects for which applications are submitted under subsection (c)(1) are located. (B) Need-based⅔ shall be distributed among the States in which the projects for which applications are submitted under subsection (c)(1) are located based on the proportion that—(i) the number of eligible high hazard potential dams in the State; bears to (ii) the number of eligible high hazard potential dams in all such States. (h) Use of fundsNone 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; (2) to perform routine operation or maintenance of a dam; (3) to modify a dam to produce hydroelectric power; (4) to increase water supply storage capacity; or (5) to make any other modification to a dam that does not also improve the safety of the dam. (i) Contractual requirements(1) In generalSubject to paragraph (2), as a condition on the receipt of a grant under this section of an amount greater than $1,000,000, an eligible subrecipient that receives the grant shall require that each contract and subcontract for program management, construction management, planning studies, feasibility studies, 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 of title 40; or (B) an equivalent qualifications-based requirement prescribed by the relevant State. (2) No proprietary interestA contract awarded in accordance with paragraph (1) shall not be considered to confer a proprietary interest upon the United States. (j) Authorization of appropriationsThere 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.

33 U.S.C. § 467g Research

(a) In generalThe Administrator, in cooperation with the Board, shall carry out a program of technical and archival research to develop and support—(1) improved techniques, historical experience, and equipment for rapid and effective dam construction, rehabilitation, and inspection; (2) devices for the continued monitoring of the safety of dams; (3) development and maintenance of information resources systems needed to support managing the safety of dams; and (4) initiatives to guide the formulation of effective public policy and advance improvements in dam safety engineering, security, and management. (b) ConsultationThe Administrator shall provide for State participation in research under subsection (a) and periodically advise all States and Congress of the results of the research.

33 U.S.C. § 467g–1 Dam safety training

At the request of any State that has or intends to develop a State dam safety program, the Administrator shall provide training for State dam safety staff and inspectors.

33 U.S.C. § 467g–2 Public awareness and outreach for dam safety

The Administrator, in consultation with other Federal agencies, State and local governments, dam owners, the emergency management community, the private sector, nongovernmental organizations and associations, institutions of higher education, and any other appropriate entities shall, subject to the availability of appropriations, carry out a nationwide public awareness and outreach initiative to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents.

33 U.S.C. § 467h Reports

Not later than 90 days after the end of each odd-numbered fiscal year, the Administrator shall submit a report to Congress that— (1) describes the status of the Program; (2) describes the progress achieved by Federal agencies during the 2 preceding fiscal years in implementing the Federal Guidelines for Dam Safety; (3) describes the progress achieved in dam safety by States participating in the Program; and (4) includes any recommendations for legislative and other action that the Administrator considers necessary.

33 U.S.C. § 467i Statutory construction

Nothing in this subchapter and no action or failure to act under this subchapter shall— (1) create any liability in the United States or its officers or employees for the recovery of damages caused by such action or failure to act; (2) relieve an owner or operator of a dam of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam; or (3) preempt any other Federal or State law.

33 U.S.C. § 467j Authorization of appropriations

(a) National dam safety program(1) Annual amountsThere are authorized to be appropriated to FEMA to carry out sections 467e, 467f, and 467h of this title (in addition to any amounts made available for similar purposes included in any other Act and amounts made available under subsections (b) through (e)), $9,200,000 for each of fiscal years 2019 through 2028, to remain available until expended. (2) Allocation(A) In generalSubject to subparagraphs (B) and (C), for each fiscal year, amounts made available under this subsection to carry out section 467f of this title shall be allocated among the States as follows:(i) One-third among States that qualify for assistance under section 467f(e) of this title. (ii) Two-thirds among States that qualify for assistance under section 467f(e) of this title, to each such State in proportion to—(I) the number of dams in the State that are listed as State-regulated dams on the inventory of dams and low-head dams maintained under section 467d of this title; as compared to (II) the number of dams in all States that are listed as State-regulated dams on the inventory of dams and low-head dams maintained under section 467d of this title. (B) Maximum amount of allocationThe amount of funds allocated to a State under this paragraph for a fiscal year may not exceed the amount that is equal to 4 times the amount of funds committed by the State to implement dam safety activities for that fiscal year. (C) DeterminationThe Administrator and the Board shall determine the amount allocated to States. (b) National inventory of dams and low-head damsThere is authorized to be appropriated to carry out section 467d of this title $500,000 for each of fiscal years 2019 through 2028. (c) Public awarenessThere is authorized to be appropriated to carry out section 467g–2 of this title $1,000,000 for each of fiscal years 2019 through 2028. (d) ResearchThere is authorized to be appropriated to carry out section 467g of this title $1,450,000 for each of fiscal years 2019 through 2028, to remain until expended. (e) Dam safety trainingThere is authorized to be appropriated to carry out section 467g–1 of this title $750,000 for each of fiscal years 2019 through 2028. (f) StaffThere is authorized to be appropriated to FEMA for the employment of such additional staff personnel as are necessary to carry out sections 467f through 467g–1 of this title $1,000,000 for each of fiscal years 2019 through 2028. (g) Limitation on use of amountsAmounts made available under this subchapter may not be used to construct or repair any Federal or non-Federal dam.

33 U.S.C. § 467n Recovery of dam modification costs required for safety purposes

(a) After November 17, 1986, costs incurred in the modification by the Secretary of dams and related facilities constructed or operated by the Secretary, the cause of which results from new hydrologic or seismic data or changes in state-of-the-art design or construction criteria deemed necessary for safety purposes, shall be recovered in accordance with the provisions in this subsection:(1) Fifteen percent of the modification costs shall be assigned to project purposes in accordance with the cost allocation in effect for the project at the time the work is initiated. Non-Federal interests shall share the costs assigned to each purpose in accord with the cost sharing in effect at the time of initial project construction: Provided, That the Secretary of the Interior shall recover costs assigned to irrigation in accordance with repayment provisions of Public Law 98–404. (2) Repayment under this subsection, with the exception of costs assigned to irrigation, may be made, with interest, over a period of not more than thirty years from the date of completion of the work. The interest rate used shall be determined by the Secretary of the Treasury, taking into consideration average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the applicable reimbursable period during the month preceding the fiscal year in which the costs are incurred, plus a premium of one-eighth of one percentage point for transaction costs. To the extent that more than one interest rate is determined pursuant to the preceding sentence, the Secretary of the Treasury shall establish an interest rate at the weighted average of the rates so determined. (b) Nothing in this section affects the authority of the Secretary to perform work pursuant to Public Law 84–99, as amended (33 U.S.C. 701n) or cost sharing for such work.