From Anna E. Normand comes this CRS report (27 October 2021): 'Dam Removal and the Federal Role'.
Here is a map from American Rivers showing all the US dams removed, 1912-2020.
Download CRS_Report_Dam_Removal_and_Federal_Role_27Oct2021
Summary
Dam owners sometimes consider dam removal as a policy option to address dam safety, ecosystem restoration, or other concerns. The National Inventory of Dams (NID) lists more than 90,000 dams in the United States, many of which function as part of the nation’s water infrastructure and provide benefits (e.g., flood control, hydroelectric power, recreation, navigation, and water supply). Stakeholders may consider the removal of a dam for various reasons—for example, if a certain dam requires major dam safety modifications or no longer provides its intended benefits. In addition, dams often affect ecosystem processes and aquatic species mobility; these effects may be costly to mitigate and may prompt consideration of dam removal. According to a stakeholder database that tracks dam removals, nearly 1,800 dams were removed in the United States from 1912 to 2020, with approximately 800 removed from 2011 to 2020. Small, nonfederal dams accounted for most of these removals; removal of federally owned or regulated dams was less frequent during the 1912-2020 period (e.g., approximately 70 of the dams removed since 1912 were federally owned).Dam removal is a multistep process. The decision to remove a dam usually starts with the dam owner. Approximately 97% of dams are owned by private entities, state or local governments, or public utilities; the federal government owns 3% of dams in the NID. Stakeholders, such as communities, policymakers, river-dependent industries, tribes, nongovernmental organizations, scientists, and academics, among others, also may participate in the dam removal consideration process. This process often involves an evaluation of potential alternatives, which can include changes to dam operations, dam rehabilitation or repair, modifications to add or improve fish passage, dam removal, and/or a “no action” option.
The federal government’s role in dam removal varies based on ownership (e.g., federal versus nonfederal), purpose (e.g., federally regulated hydropower facilities), location (e.g., a nonfederal dam on federal land), and other factors. Federal law and associated regulations may require the involvement of applicable federal agencies for a proposed dam removal project. Such involvement may include the issuance of a Clean Water Act Section 404 permit (33 U.S.C. §1344) from the U.S. Army Corps of Engineers (USACE), a National Environmental Policy Act (NEPA; 42 U.S.C. §§4321 et seq.) review process, and consultations with government agencies to meet requirements of federal laws. The Federal Power Act (16 U.S.C. §§791 et seq.) regulates nonfederal hydropower projects, and the relicensing process under this authority has in some cases spurred consideration of dam removal.
The congressional role in removal of a federal dam typically depends on whether Congress authorized the dam. For federally owned dams that Congress authorized for specific purposes, such as dams owned and operated by federal water resource agencies (e.g., USACE, U.S. Bureau of Reclamation), removal generally requires specific congressional authorization following a feasibility study that selects dam removal as the preferred alternative. By contrast, federal agencies generally may remove federally owned dams without specific congressional authorization at their discretion, based on agency policies and in adherence to state and federal law. For example, federal land management agencies may consider removal of dams when seeking to reduce operation and safety costs while pursing restoration initiatives. At times, Congress has considered prohibiting removal of certain federal dams.
The federal government is sometimes involved in the removal of nonfederal dams. Although there is no underlying statutory authority for federal involvement in nonfederal dam removal, Congress has authorized involvement in some individual dam removals when it found a compelling reason to do so, often due to a federal nexus (e.g., proximity to federal land or project, tribal responsibilities, listed species). Additionally, Congress has authorized programs that provide support (e.g., grants, loans, technical assistance) to address issues including dam safety, flooding risks, fish and wildlife passage, and watershed restoration. Some of these efforts may facilitate (or result in) nonfederal dam removal.
In the 117th Congress, several bills would create new authorities related to dam removal or would provide emergency and/or mandatory appropriations for dam removal activities. Congress may consider the federal government’s role in studying and executing specific projects for dam removal and whether to change the amount of appropriations for new or existing programs that fund dam removal activities. In addition, Congress may oversee agency implementation of new or amended authorities for dam removal and may review the effectiveness, efficiency, and priorities of agencies funding dam removal activities.
Cutting to the chase...
Dam Removal Legislation in the 117th Congress
In the 117th Congress, legislation has been introduced to create new authorities related to dam removal and to provide emergency and mandatory appropriations for certain activities that may include dam removal. These provisions are summarized below.Several bills introduced in the House and the Senate contain multiple provisions related to dams, including dam removal. Title II of H.R. 4375, the Twenty-First Century Dams Act, would create a new 30% federal tax incentive, with a direct pay option, to support efforts by private, state, local, and nonprofit groups to remove obsolete dam obstructions. Eligible expenses include the removal, in whole or in part, of powered and non-powered dams, with the dam owner’s consent, along with any remediation and ecosystem restoration costs associated with a removal project. Title III of H.R. 4375 also would direct USACE to establish a new dam removal program; it would authorize appropriations for the program at $7.5 billion over five years, which would fund dam removal projects or dam removal technical assistance programs aimed at protecting human health and safety, restoring aquatic habitat and riverine processes, and enhancing river-based recreation, among other objectives. The bill would establish a dam removal council comprising the heads of multiple federal agencies to develop a strategy to remove dams and to make recommendations to USACE regarding dam removal projects and technical assistance programs. The council also would establish an advisory board of tribal representatives, state agencies, nongovernmental organizations, and organizations representing dam owners to provide advice and recommendations to the council. Title IV of H.R. 4375 would direct the USGS and the Department of Energy to conduct a national dam assessment to assimilate data for stakeholders and federal agencies to determine whether government and privately owned powered and non-powered dams may be appropriate candidates for removal, upgrading, enhancement for environmental performance, or retrofitting for hydropower production.
S. 2356, also titled the Twenty-First Century Dams Act, includes the same dam removal provisions that appear in Titles III and IV of H.R. 4375 but does not include the tax provisions in Title II of H.R. 4375. Separate legislation, the Maintaining and Enhancing Hydroelectric and River Restoration Act (S. 2306 and H.R. 4499) includes tax provisions similar to those in Title II of H.R. 4375. Section 204 of H.R. 3404, the FUTURE Western Water Infrastructure and Drought Resiliency Act, would direct the Secretary of the Interior to arrange for a study with the National Academies of Sciences, Engineering, and Medicine on sediment transport following dam removal.
In August 2021, the Senate passed H.R. 3684, the Infrastructure Investment and Jobs Act of 2021, which includes new authorizations related to dam removal and emergency appropriations under new and existing authorities related to dam removal. The bill would authorize a new $80 million collaborative-based, landscape-scale restoration program from FY2022 through FY2026. The program would be administered by the Secretaries of Agriculture and the Interior and would aim to restore water quality or fish passage on federal land, including Indian forest land or rangeland. Under the program, the Secretaries would solicit collaboratively developed proposals for up to $5 million in funding for five-year projects to restore fish passage or water quality on federal and nonfederal land. The bill also would authorize $250 million for FY2022 through FY2026 to Reclamation for the design, study, and construction of aquatic ecosystem restoration and protection projects, which may include removing fish passage barriers. The bill includes emergency appropriations that may fund dam removal, such as the following:
$115 million for USACE’s Section 206 Continuing Authorizations Program (33 U.S.C. §2330) to restore fish and wildlife passage by removing in-stream barriers and providing technical assistance to nonfederal interests carrying out such activities
$250 million from FY2022 through FY2026 for Reclamation to design, study, and construct aquatic ecosystem restoration and protection projects, which may include removing fish passage barriers
$400 million through FY2026 for NOAA’s Community-Based Restoration Program (16 U.S.C. §1891a) to restore fish passage by removing in-stream barriers and providing technical assistance
$585 for the Federal Emergency Management Agency’s (FEMA’s) High Hazard Dam Mitigation Grant Program (33 U.S.C. §467f–2), of which $75 million is for the removal of nonfederal dams
$200 million from FY2022 through FY2026 for FWS’s National Fish Passage Program to provide technical assistance and restore fish and wildlife passage by removing in-stream barriers
$10 million from FY2022 through FY2026 for FS’s Capital Improvement and Maintenance account for the removal of non-hydropower federal dams and to provide dam removal technical assistance
$2.9 billion from FY2022 through FY2026 for FS to carry out activities in Sections 40803-40804 of Division D of H.R. 3684150 (Section 40804 would authorize $80 million for the program described above to restore water quality or fish passage on federal land)
The 21st Century Conservation Corps Act (S. 487 and H.R. 1162) also would provide emergency appropriations from FY2021 through FY2023 to the Departments of Agriculture and the Interior for federal land management and conservation, such as fish passage.
In addition, Congress is debating whether to provide mandatory appropriations for environmental restoration in the FY2022 budget reconciliation process, and funding allocated for environmental restoration activities could include dam removal. H.R. 5376—approved by the House Committee on the Budget on September 27, 2021, in response to reconciliation directives from S.Con.Res. 14—includes provisions in Title VII related to environmental restoration. Some of the provisions would provide mandatory appropriations for activities such as habitat restoration and restoration of natural resources, among other purposes.152 H.R. 5376 also would provide $250 million in mandatory appropriations for Reclamation’s aquatic ecosystem restoration program, which may include projects that remove fish passage barriers, to be expended between FY2027 and FY2031
The 117th Congress may debate whether to enact new authorities related to dam removal and whether to provide additional appropriations for programs that may fund dam removal activities. It also may engage in oversight of federal agency activities pursuant to new or amended authorities related to dam removal and may review the effectiveness, efficiency, and priorities of agencies funding dam removal activities
Lots of work ahead.
Enjoy!
"We live in water and we return to water." - Unknown (from Jess Walter)
Comments