National Dam and Hydropower Safety Improvements Act of 2026
- Sponsor
- Rep. Dingell, Debbie [D-MI-6]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- May 19, 2026
Bottom line
The bill aims to prevent dam failures and enhance public safety by increasing FERC's regulatory authority, requiring financial accountability from licensees, and improving federal-state coordination on dam safety.
What it actually does
This bill amends the Federal Power Act to significantly enhance dam and hydropower safety oversight by the Federal Energy Regulatory Commission (FERC). It mandates that all FERC-licensed dams meet safety requirements, establishes financial viability assessments for licensees, and strengthens communication protocols between FERC and state authorities regarding dam safety issues and license actions.
Proponents argue
Supporters argue this bill is a critical step to prevent catastrophic dam failures, protect communities, and ensure the long-term reliability of hydropower infrastructure. They contend that strengthening FERC's authority and requiring financial viability assessments will ensure that licensees can adequately maintain and operate these vital structures, especially in the face of aging infrastructure and changing climate conditions.
Opponents contend
Critics might argue that these new requirements could impose significant financial burdens on hydropower operators, potentially leading to increased energy costs or the decommissioning of smaller, less profitable projects. They might also raise concerns about federal overreach into areas traditionally managed by states, or argue that existing regulations are sufficient if properly enforced.
The bill is concise and clearly written, allowing for a thorough understanding within a short timeframe.
Section 2, amending Section 10 of the Federal Power Act (16 U.S.C. 803)
New Dam Safety Operating Condition for Licenses
This section adds a new, explicit condition to all hydropower licenses issued by FERC. It requires that the dam and other project works meet FERC's dam safety requirements and that the licensee must manage, operate, and maintain these works in a manner that ensures both dam safety and public safety under the license's operating conditions.
Supporters argue
Supporters argue this provision codifies and strengthens FERC's ability to enforce dam safety, making it an explicit and non-negotiable condition of operation, thereby enhancing public safety and environmental protection.
Critics contend
Some licensees might argue this adds an unnecessary layer of explicit regulation, potentially increasing compliance costs without a proportional increase in safety, as dam safety is already a de facto consideration in FERC's oversight.
Tradeoffs
This provision balances the need for robust safety standards with potential compliance costs for operators, aiming to ensure safety is paramount in ongoing operations.
Section 3, amending Section 15 of the Federal Power Act (16 U.S.C. 808)
Dam Safety as a Condition for New Licenses
This section stipulates that FERC can only issue a new license for a hydropower project if the dam and other project works meet the Commission's dam safety requirements. Alternatively, a new license can be issued if it includes a specific plan to resolve any non-compliance with FERC's dam safety requirements, ensuring safety is addressed proactively at the relicensing stage.
Section 4
Financial Viability Assessment Procedures
This section directs the Federal Energy Regulatory Commission (FERC) to establish new procedures for assessing the financial viability of any applicant seeking a license under the Federal Power Act. The purpose of this assessment is to ensure that the applicant has the financial capacity to meet applicable dam safety requirements and to operate the dam and project works safely under the terms of the license.
Section 5
FERC Dam Safety Technical Conference with States
This section mandates that the Federal Energy Regulatory Commission (FERC), through its Office of Energy Projects, must hold a technical conference with states by October 1, 2027. The conference is intended to facilitate discussion and information sharing on critical topics such as dam maintenance and repair, Risk Informed Decision Making, the impact of climate and hydrological regional changes on dam structural integrity, and issues related to high hazard dams.
Section 6
Required Dam Safety Communications Between FERC and States
This section establishes mandatory communication protocols between FERC and states regarding dam safety. FERC must notify states when a licensee fails to repair a dam after five years of a safety finding, or when FERC initiates non-compliance proceedings or revokes/surrenders a license. Additionally, upon license revocation or surrender, FERC must provide states with comprehensive records, including structural data, maintenance history, condition assessments, and risk assessments, to ensure continuity of oversight.