eligible high hazard potential dam
(4) Eligible high hazard potential dam (A) In general The term “eligible high hazard potential dam” means a non-Federal dam that— (i) is located in a State with a State dam safety program; (ii) is classified as “high hazard potential” by the State dam safety agency in the State in which the dam is located; (iii) has an emergency action plan that— (I) is approved by the relevant State dam safety agency; or (II) is in conformance with State law and pending approval by the relevant State dam safety agency; (iv) fails to meet minimum dam safety standards of the State in which the dam is located, as determined by the State; and (v) poses an unacceptable risk to the public, as determined by the Administrator, in consultation with the Board. (B) Exclusion The term “eligible high hazard potential dam” does not include— (i) a licensed hydroelectric dam under a hydropower project with an authorized installed capacity of greater than 1.5 megawatts; or (ii) a dam built under the authority of the Secretary of Agriculture.