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handle is hein.crs/govegpx0001 and id is 1 raw text is: Dam Safety: Federal Programs and Authorities

In recent years, several incidents have highlighted the
public safety risks posed by the failure of dams and related
facilities. In 2017, the near failure of the Oroville Dam
spillway in California resulted in a precautionary
evacuation of approximately 200,000 people and cost more
than $1.1 billion in emergency response and repair. The
2019 failure of Spencer Dam in Nebraska resulted in the
first dam-failure fatality in the nation since 2006; the 2020
failure of two hydropower dams in Michigan resulted in an
estimated $175 million in damages.
The 117th Congress has increased funding to support dam
safety principally through Division J of the Infrastructure
Investment and Jobs Act (IIJA; P.L. 117-58). Congress may
consider additional oversight of agency implementation of
dam safety activities and additional legislation to improve
dam safety. This In Focus summarizes the U.S. dam
inventory, dam rehabilitation and repair estimates, and
federal dam safety activities and funding. For more detailed
information and analysis, see CRS Report R45981, Dam
Safety Overview and the Federal Role.
National inventory of Dams
The National Inventory of Dams (NID)-maintained by the
U.S. Army Corps of Engineers (USACE)-catalogs
information from 50 states, Puerto Rico, and federal
agencies on most of the nation's dams. The NID, updated in
November 2021, lists more than 90,000 dams. The majority
of NID-listed dams are owned by private entities, state and
local governments, and public utilities. Federal government
agencies (e.g., USACE, U.S. Forest Service) report owning
approximately 3% (2,758) of dams in the NID, including
some of the largest dams in the United States. Although
states have regulatory authority for more than 73% of NID-
listed dams, which includes overseeing dam safety, the
federal government may play a role in dam safety for both
federal and nonfederal dams.
Of the dams in the NID, about 16% (15,080) are classified
as high hazard potential (i.e., the loss of at least one life is
likely if the dam fails). The overall number of dams
classified as high hazard potential has increased in the past
decade, mostly due to development around existing dams.
Significant hazard potential dams in the NID could cause
economic loss or environmental damage, and low hazard
potential dams in the NID could pose limited risk and must
meet a dam height or reservoir size threshold for inclusion.
The updated NID includes flood inundation maps for failure
scenarios at USACE dams, based on new USACE policy.
Dam    Rehabilitation and Repair Needs
Dams were built to engineering and construction standards
and regulations corresponding to the time of their
construction. Over half of the dams with information on
their age reported in the NID were built more than fifty

Updated December 13, 2021

years ago. Some dams, including older dams, may not meet
current dam safety standards and may require rehabilitation
to do so. Other dams may be in need of repair.
The Association of State Dam Safety Officials estimated
that the total cost to rehabilitate dams in the NID would
exceed $70 billion. Of this estimate, the cost to rehabilitate
high hazard potential dams would be $3 billion for federal
dams and $20 billion for nonfederal dams.
What Is the Federal Role?
The federal role in dam safety encompasses (1) support for
state dam safety; (2) support for federal dam safety; (3)
regulation of certain nonfederal dams; and (4) rehabilitation
and repair of certain nonfederal dams.
Support for State Dam Safety
Every state (except Alabama) has established a regulatory
program for dam safety, as has Puerto Rico. State dam
safety programs typically include safety evaluations of
existing dams, review of plans and specifications for dam
construction and major repair work, periodic inspections of
construction work on new and existing dams, reviews and
approval of emergency action plans, and emergency
preparedness activities with local officials and dam owners.
The dam owners generally are responsible for the safety,
rehabilitation, and repair of their dams; selected states
provide a limited amount of assistance for these activities.
The main source of federal support for state dam safety
programs is the National Dam Safety Program (NDSP),
operated by the Federal Emergency Management Agency
(FEMA). Authorized in 1996 by the National Dam Safety
Program Act, as amended (33 U.S.C. §§467f et seq.),
NDSP activities include providing dam safety information
and training, facilitating information exchange, and
supporting state dam safety programs with grant assistance.
In FY2021, Congress funded the NDSP at $9 million.
FEMA distributed around $6 million of this funding as dam
safety program grants to 49 states and Puerto Rico to
support their dam safety activities. The IIJA provided $148
million for state dam safety program grant assistance and
$67 million for other NDSP activities.
Support for Federal Dam Safety
The federal government has statutory responsibilities for
the monitoring, upkeep, rehabilitation, and repair of
federally owned dams. The major federal water resource
management agencies-USACE and the Bureau of
Reclamation (Reclamation)-own 42% (1,170) of federal
dams, including many large dams:
* USACE operates more than 700 dams, many with a
primary purpose of flood risk reduction. USACE
implements a dam safety program consisting of

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