Dam Safety: Federal Programs and Authorities

Dam Safety: Federal Programs and Authorities

Updated December 13, 2021
Dam Safety: Federal Programs and Authorities
In recent years, several incidents have highlighted the
years ago. Some dams, including older dams, may not meet
public safety risks posed by the failure of dams and related
current dam safety standards and may require rehabilitation
facilities. In 2017, the near failure of the Oroville Dam
to do so. Other dams may be in need of repair.
spillway in California resulted in a precautionary
evacuation of approximately 200,000 people and cost more
The Association of State Dam Safety Officials estimated
than $1.1 billion in emergency response and repair. The
that the total cost to rehabilitate dams in the NID would
2019 failure of Spencer Dam in Nebraska resulted in the
exceed $70 billion. Of this estimate, the cost to rehabilitate
first dam-failure fatality in the nation since 2006; the 2020
high hazard potential dams would be $3 billion for federal
failure of two hydropower dams in Michigan resulted in an
dams and $20 billion for nonfederal dams.
estimated $175 million in damages.
What Is the Federal Role?
The 117th Congress has increased funding to support dam
The federal role in dam safety encompasses: (1) support for
safety principally through Division J of the Infrastructure
state dam safety; (2) support for federal dam safety; (3)
Investment and Jobs Act (IIJA; P.L. 117-58). Congress may
regulation of certain nonfederal dams; and (4) rehabilitation
consider additional oversight of agency implementation of
and repair of certain nonfederal dams.
dam safety activities and additional legislation to improve
dam safety. This In Focus summarizes the U.S. dam
Support for State Dam Safety
inventory, dam rehabilitation and repair estimates, and
Every state (except Alabama) has established a regulatory
federal dam safety activities and funding. For more detailed
program for dam safety, as has Puerto Rico. State dam
information and analysis, see CRS Report R45981, Dam
safety programs typically include safety evaluations of
Safety Overview and the Federal Role.
existing dams, review of plans and specifications for dam
construction and major repair work, periodic inspections of
National Inventory of Dams
construction work on new and existing dams, reviews and
The National Inventory of Dams (NID)—maintained by the
approval of emergency action plans, and emergency
U.S. Army Corps of Engineers (USACE)—catalogs
preparedness activities with local officials and dam owners.
information from 50 states, Puerto Rico, and federal
The dam owners generally are responsible for the safety,
agencies on most of the nation’s dams. The NID, updated in
rehabilitation, and repair of their dams; selected states
November 2021 with 2020 data, lists more than 90,000
provide a limited amount of assistance for these activities.
dams. The majority of NID-listed dams are owned by
private entities, state and local governments, and public
The main source of federal support for state dam safety
utilities. Federal government agencies (e.g., USACE, U.S.
programs is the National Dam Safety Program (NDSP),
Forest Service) report owning approximately 3% (2,758) of
operated by the Federal Emergency Management Agency
dams in the NID, including some of the largest dams in the
(FEMA). Authorized in 1996 by the National Dam Safety
United States. Although states have regulatory authority for
Program Act, as amended (33 U.S.C. §§467f et seq.),
more than 73% of NID-listed dams, which includes
NDSP activities include providing dam safety information
overseeing dam safety, the federal government may play a
and training, facilitating information exchange, and
role in dam safety for both federal and nonfederal dams.
supporting state dam safety programs with grant assistance.
In FY2021, Congress funded the NDSP at $9 million.
Of the dams in the NID, about 16% (15,080) are classified
FEMA distributed around $6 million of this funding as dam
as high hazard potential (i.e., the loss of at least one life is
safety program grants to 49 states and Puerto Rico to
likely if the dam fails). The overall number of dams
support their dam safety activities. The IIJA provided $148
classified as high hazard potential has increased in the past
million for state dam safety program grant assistance and
decade, mostly due to development around existing dams.
$61 million for other NDSP activities.
Significant hazard potential dams in the NID could cause
economic loss or environmental damage, and low hazard
Support for Federal Dam Safety
potential dams in the NID could pose limited risk and must
The federal government has statutory responsibilities for
meet a dam height or reservoir size threshold for inclusion.
the monitoring, upkeep, rehabilitation, and repair of
The 2020 NID includes flood inundation maps for failure
federally owned dams. The major federal water resource
scenarios at USACE dams, based on new USACE policy.
management agencies—USACE and the Bureau of
Reclamation (Reclamation)—own 42% (1,170) of federal
Dam Rehabilitation and Repair Needs
dams, including many large dams:
Dams were built to engineering and construction standards
and regulations corresponding to the time of their
 USACE operates more than 700 dams, many with a
construction. Over half of the dams with information on
primary purpose of flood risk reduction. USACE
their age reported in the NID were built more than fifty
implements a dam safety program consisting of
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Dam Safety: Federal Programs and Authorities
inspections and risk analyses for all USACE dams. In
Congress authorized the program in 2016 to provide grants
FY2021, USACE funded $311 million in work on 5
for technical, planning, design, and construction assistance
dam safety construction projects and funded dam safety
for repairing, removing, or rehabilitating eligible high
studies and construction design for 14 additional
hazard nonfederal dams. FEMA also may provide
projects. In 2017, USACE estimated a backlog of $18
assistance to reduce the flood damage that a dam failure
billion for dam safety rehabilitation and repair. USACE
could cause with non-disaster grants (e.g., Preparedness
may allocate construction funding provided by the IIJA
Grant Program, Pre-Disaster Mitigation Program, and Flood
to fund dam safety modification at its authorized
Mitigation Assistance Program), or it may provide grants
projects.
for these purposes after a presidentially declared disaster
(e.g., Building Resilient Infrastructure and Communities,
 Reclamation owns more than 400 dams in the 17 states
Hazard Mitigation Grant Program, Public Assistance, and
west of the Mississippi River. Reclamation’s safety
Resilience Revolving Loan Fund).
program inspects dams and authorizes rehabilitation and
repairs to qualifying projects at Reclamation dams. In
In the Water Infrastructure Finance and Innovation Act of
FY2021, Congress appropriated $71 million to fund 18
2014 (WIFIA 2014, 33 U.S.C. §§3901-3914), Congress
dam safety projects. In April 2021, Reclamation
authorized USACE to provide credit assistance, in the form
estimated the needs for dam safety projects over a 30-
of secured or direct loans, for a range of water resource
year period (2021-2050) at $2.1 billion. In the IIJA,
projects. For FY2021, Congress created a WIFIA account
Congress appropriated $500 million from FY2022
for USACE to initiate its WIFIA program―the Civil Works
through FY2026 for Reclamation’s dam safety program.
Infrastructure Financing Program (CWIFP)―and provided
funding to implement the program ($2.2 million) and for
The remaining federal dams are owned by the Forest
credit assistance ($12 million). The IIJA also provided $75
Service, Bureau of Land Management, U.S. Fish and
million for the USACE WIFIA account: $11 million for
Wildlife Service, Department of Defense, Tennessee Valley
program administration and $64 million for credit
Authority, Department of Energy, and International
assistance. Congress specified that the FY2021 and IIJA
Boundary and Water Commission, among other agencies.
CWIFP financial assistance are only for nonfederal dam
In overseeing these dams, federal agencies follow FEMA’s
safety projects. For more details, see CRS Insight IN11577,
Federal Guidelines for Dam Safety.
U.S. Army Corps of Engineers Civil Works Infrastructure
Financing Program (CWIFP): Status and Issues.
The federal government is responsible for all dams on
Indian lands, including 125 high or significant hazard dams
In Section 40333 of the IIJA, Congress authorized the
listed in the NID, in accordance with the Indian Dams
Secretary of Energy to make incentive payments to the
Safety Act of 1994, as amended (25 U.S.C. §§3801 et seq.).
owners or operators of certain hydroelectric facilities for
The IIJA provided the Bureau of Indian Affairs (BIA) $200
capital improvements. These improvements must be
million for dam safety construction and for other facilities.
directly related to eligible purposes, including dam safety.
In 2016, Congress established two Indian dam safety funds
Incentive payments must not exceed 30% of the costs of the
for BIA to address deferred maintenance needs at eligible
capital improvements and are limited to $5 million and one
dams; the authority remains unfunded.
payment per facility annually. The IIJA appropriated
$276.8 million for FY2022 and $276.8 million for FY2023
Federal Regulation of Nonfederal Dams
for these payments.
Congress has enacted legislation to regulate selected
nonfederal facilities and activities that may use dams for
The U.S. Department of Agriculture (USDA) has authority
certain purposes. For example, the Federal Energy
under the Watershed Rehabilitation Program (P.L. 106-472,
Regulatory Commission (FERC) has the authority to issue
as amended) to provide financial and technical assistance
licenses for the construction and operation of nonfederally
for the planning, design, and implementation of dam
owned hydroelectric projects, which may include dams.
rehabilitation projects. To be eligible for assistance, dams
FERC staff inspect regulated dams at regular intervals, and
must have been built using selected USDA funds and must
the owners of certain dams are required to conduct more
now pose a public health or safety concern. The program
thorough inspections. If a deficiency is found, FERC
covers up to 65% of the total rehabilitation cost. Since the
requires the project owner to remediate the deficiency and
program was first authorized in 2000, Congress has
may require immediate risk-reduction measures. Other
appropriated more than $800 million for these projects
federal agencies regulating nonfederal dams include the
through FY2021 and provided $118 million in the IIJA.
Mine Safety and Health Administration, the Office of
Surface Mining Reclamation and Enforcement, and the
Owners of nonfederal dams sometimes consider dam
Nuclear Regulatory Commission.
removal as a policy option to address dam safety, among
other concerns. Congress has authorized and funded various
Selected Assistance for Nonfederal Safety Projects
programs that may assist nonfederal dam removal projects;
Congress has authorized and funded programs to provide
the IIJA provided funding for some of these programs. For
assistance for certain nonfederal dam safety projects.
more information and analysis, see CRS Report R46946,
Dam Removal and the Federal Role.
Congress appropriated $12 million in FY2021 and $585
million in the IIJA for FEMA’s High Hazard Dam
Anna E. Normand, Analyst in Natural Resources Policy
Rehabilitation Grant Program (33 U.S.C. §467f–2).
IF10606
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Dam Safety: Federal Programs and Authorities

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