Pub. L. 114-322, tit. I, subtit. A, sec. 1177 (as amended)
REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED DAMS.
SEC. 1177. [33 U.S.C. 467f-2 note] REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED DAMS.
(a) In general.—If the Secretary determines that the project is feasible, the Secretary may carry out a project for the rehabilitation of a dam described in subsection (b).
(b) Eligible dams.—A dam eligible for assistance under this section is a dam—
(1) that has been constructed, in whole or in part, by the Corps of Engineers for flood control purposes;
(2) for which construction was completed before 1940;
(3) that is classified as “high hazard potential” by the State dam safety agency of the State in which the dam is located; and
(4) that is operated by a non-Federal entity.
(c) Cost Sharing.—The non-Federal share of the cost of a project for rehabilitation of a dam under this section, including the cost of any required study, shall be the same share assigned to the non-Federal interest for the cost of initial construction of that dam, including provision of all land, easements, rights-of-way, and necessary relocations.
(d) Agreements.—Construction of a project under this section shall be initiated only after a non-Federal interest has entered into a binding agreement with the Secretary—
(1) to pay the non-Federal share of the costs of construction under subsection (c); and
(2) to pay 100 percent of any operation, maintenance, and replacement and rehabilitation costs with respect to the project in accordance with regulations prescribed by the Secretary.
(e) Cost Limitation.—
(1) In general.—Except as provided in paragraph (2), the Secretary
shall not expend more than $60,000,000 for a project at any single dam under this section.
(2) Exception.—For a project under this section for which the Federal share of the costs is expected to exceed $60,000,000, the Secretary may expend more than such amount only if—
(A) the Secretary submits to Congress the determination made under subsection (a) with respect to the project; and
(B) construction of the project substantially in accordance with the plans, and subject to the conditions described in such determination, is specifically authorized by Congress.
(f) Funding.—There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2026 through 2030.
- Cross-references to the US Code
- 33 U.S.C. 467f-2 note