Loading (50 kb)...'

(continued)
506; Pub. L. 95-91, title IV, Sec. 402(a)(1)(A), Aug. 4, 1977, 91
Stat. 583; renumbered Sec. 3 and amended Pub. L. 104-303, title II,
Sec. 215(c)(3), (5), Oct. 12, 1996, 110 Stat. 3685, 3687.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Power Act, referred to in subsec. (a), is act June
10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified
generally to chapter 12 (Sec. 791a et seq.) of Title 16,
Conservation. For complete classification of this Act to the Code,
see section 791a of Title 16 and Tables.


-MISC1-
PRIOR PROVISIONS
A prior section 3 of Pub. L. 92-367 was renumbered section 4 and
is classified to section 467b of this title.

AMENDMENTS
1996 - Pub. L. 104-303 inserted section catchline, designated
existing provisions as subsec. (a) and inserted heading, and added
subsec. (b).


-TRANS-
TRANSFER OF FUNCTIONS
"Federal Energy Regulatory Commission" substituted in text for
"Federal Power Commission" on authority of Pub. L. 95-91, title IV,
Sec. 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583, which is classified
to section 7172(a)(1)(A) of Title 42, The Public Health and
Welfare.

-End-



-CITE-
33 USC Sec. 467b 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-
Sec. 467b. Investigation reports to Governors

-STATUTE-
As soon as practicable after inspection of a dam, the Secretary
shall notify the Governor of the State in which such dam is located
the results of such investigation. In any case in which any
hazardous conditions are found during an inspection, upon request
by the owner, the Secretary, acting through the Chief of Engineers,
may perform detailed engineering studies to determine the
structural integrity of the dam, subject to reimbursement of such
expense by the owner of such dam. The Secretary shall immediately
notify the Governor of any hazardous conditions found during an
inspection. The Secretary shall provide advice to the Governor,
upon request, relating to timely remedial measures necessary to
mitigate or obviate any hazardous conditions found during an
inspection.

-SOURCE-
(Pub. L. 92-367, Sec. 4, formerly Sec. 3, Aug. 8, 1972, 86 Stat.
507; Pub. L. 99-662, title XII, Sec. 1204, Nov. 17, 1986, 100 Stat.
4263; renumbered Sec. 4 and amended Pub. L. 104-303, title II, Sec.
215(c)(3), (6), Oct. 12, 1996, 110 Stat. 3685, 3687.)


-MISC1-
PRIOR PROVISIONS
A prior section 4 of Pub. L. 92-367 was renumbered section 5 and
is classified to section 467c of this title.

AMENDMENTS
1996 - Pub. L. 104-303 inserted section catchline.
1986 - Pub. L. 99-662 inserted "In any case in which any
hazardous conditions are found during an inspection, upon request
by the owner, the Secretary, acting through the Chief of Engineers,
may perform detailed engineering studies to determine the
structural integrity of the dam, subject to reimbursement of such
expense by the owner of such dam."

-End-



-CITE-
33 USC Sec. 467c 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-
Sec. 467c. Determination of danger to human life and property

-STATUTE-
For the purpose of determining whether a dam (including the
waters impounded by such dam) constitutes a danger to human life or
property, the Secretary shall take into consideration the
possibility that the dam might be endangered by overtopping,
seepage, settlement, erosion, sediment, cracking, earth movement,
earthquakes, failure of bulkheads, flashboard, gates on conduits,
or other conditions which exist or which might occur in any area in
the vicinity of the dam.

-SOURCE-
(Pub. L. 92-367, Sec. 5, formerly Sec. 4, Aug. 8, 1972, 86 Stat.
507; renumbered Sec. 5 and amended Pub. L. 104-303, title II, Sec.
215(c)(3), (7), Oct. 12, 1996, 110 Stat. 3685, 3687.)


-MISC1-
PRIOR PROVISIONS
A prior section 5 of Pub. L. 92-367 was classified to section
467d of this title prior to repeal by Pub. L. 104-303.

AMENDMENTS
1996 - Pub. L. 104-303 inserted section catchline.

-End-



-CITE-
33 USC Sec. 467d 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-
Sec. 467d. National dam inventory

-STATUTE-
The Secretary of the Army, acting through the Chief of Engineers,
may maintain and periodically publish updated information on the
inventory of dams in the United States.

-SOURCE-
(Pub. L. 92-367, Sec. 6, as added Pub. L. 104-303, title II, Sec.
215(c)(8), Oct. 12, 1996, 110 Stat. 3687.)


-MISC1-
PRIOR PROVISIONS
A prior section 467d, Pub. L. 92-367, Sec. 5, Aug. 8, 1972, 86
Stat. 507, directed Secretary report to Congress on or before July
1, 1974, on activities under this subchapter, including in report
an inventory of dams in the United States, a review of each
inspection made, recommendations to State Governors and
implementation of those recommendations, recommendations for
comprehensive national program for inspection and safety
regulation, and recommendations on responsibilities which should be
assumed by Federal, State, and local governments and by public and
private interests, prior to repeal by Pub. L. 104-303, title II,
Sec. 215(c)(2), Oct. 12, 1996, 110 Stat. 3685.
A prior section 6 of Pub. L. 92-367 was classified to section
467e of this title prior to repeal by Pub. L. 104-303.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 467j of this title.

-End-



-CITE-
33 USC Sec. 467e 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-
Sec. 467e. Interagency Committee on Dam Safety

-STATUTE-
(a) Establishment
There is established an Interagency Committee on Dam Safety -
(1) comprised of a representative of each of the Department of
Agriculture, the Department of Defense, the Department of Energy,
the Department of the Interior, the Department of Labor, FEMA,
the Federal Energy Regulatory Commission, the Nuclear Regulatory
Commission, the Tennessee Valley Authority, and the United States
Section of the International Boundary Commission; and
(2) chaired by the Director.
(b) Duties
ICODS shall encourage the establishment and maintenance of
effective Federal programs, policies, and guidelines intended to
enhance dam safety for the protection of human life and property
through coordination and information exchange among Federal
agencies concerning implementation of the Federal Guidelines for
Dam Safety.

-SOURCE-
(Pub. L. 92-367, Sec. 7, as added Pub. L. 104-303, title II, Sec.
215(c)(8), Oct. 12, 1996, 110 Stat. 3687; amended Pub. L. 107-310,
Sec. 2, Dec. 2, 2002, 116 Stat. 2450.)


-MISC1-
PRIOR PROVISIONS
A prior section 467e, Pub. L. 92-367, Sec. 6, Aug. 8, 1972, 86
Stat. 507, directed that existing liabilities and obligations be
unaffected, prior to repeal by Pub. L. 104-303, title II, Sec.
215(c)(2), Oct. 12, 1996, 110 Stat. 3685.
A prior section 7 of Pub. L. 92-367 was classified to section
467f of this title prior to repeal by Pub. L. 104-303.

AMENDMENTS
2002 - Subsec. (b). Pub. L. 107-310 substituted "Federal
programs" for "Federal and State programs" and "through
coordination and information exchange among Federal agencies
concerning implementation of the Federal Guidelines for Dam
Safety." for "through -
"(1) coordination and information exchange among Federal
agencies and State dam safety agencies; and
"(2) coordination and information exchange among Federal
agencies concerning implementation of the Federal Guidelines for
Dam Safety."


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the Federal Emergency Management Agency, including the functions of
the Director of the Federal Emergency Management Agency relating
thereto, to the Secretary of Homeland Security, and for treatment
of related references, see sections 313(1), 551(d), 552(d), and 557
of Title 6, Domestic Security, and the Department of Homeland
Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 467, 467f, 467j of this
title.

-End-



-CITE-
33 USC Sec. 467f 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-
Sec. 467f. National dam safety program

-STATUTE-
(a) In general
The Director, in consultation with ICODS and State dam safety
agencies, and the Board shall establish and maintain, in accordance
with this section, a coordinated national dam safety program. The
Program shall -
(1) be administered by FEMA to achieve the objectives set forth
in subsection (c) of this section;
(2) involve, to the extent appropriate, each Federal agency;
and
(3) include -
(A) each of the components described in subsection (d) of
this section;
(B) the strategic plan described in subsection (b) of this
section; and
(C) assistance for State dam safety programs described in
subsection (e) of this section.
(b) Duties
The Director shall prepare a strategic plan -
(1) to establish goals, priorities, and target dates to improve
the safety of dams in the United States; and
(2) to the extent feasible, to establish cooperation and
coordination with, and assistance to, interested governmental
entities in all States.
(c) Objectives
The objectives of the Program are to -
(1) ensure that new and existing dams are safe through the
development of technologically and economically feasible programs
and procedures for national dam safety hazard reduction;
(2) encourage acceptable engineering policies and procedures to
be used for dam site investigation, design, construction,
operation and maintenance, and emergency preparedness;
(3) encourage the establishment and implementation of effective
dam safety programs in each State based on State standards;
(4) develop and encourage public awareness projects to increase
public acceptance and support of State dam safety programs;
(5) develop technical assistance materials for Federal and
non-Federal dam safety programs;
(6) develop mechanisms with which to provide Federal technical
assistance for dam safety to the non-Federal sector; and
(7) develop technical assistance materials, seminars, and
guidelines to improve security for dams in the United States.
(d) Components
(1) In general
The Program shall consist of -
(A) a Federal element and a non-Federal element; and
(B) leadership activity, technical assistance activity, and
public awareness activity.
(2) Elements
(A) Federal
The Federal element shall incorporate the activities and
practices carried out by Federal agencies under section 467e of
this title to implement the Federal Guidelines for Dam Safety.
(B) Non-Federal
The non-Federal element shall consist of -
(i) the activities and practices carried out by States,
local governments, and the private sector to safely build,
regulate, operate, and maintain dams; and
(ii) Federal activities that foster State efforts to
develop and implement effective programs for the safety of
dams.
(3) Functional activities
(A) Leadership
The leadership activity shall be the responsibility of FEMA
and shall be exercised by chairing the Board to coordinate
national efforts to improve the safety of the dams in the
United States.
(B) Technical assistance
The technical assistance activity shall consist of the
transfer of knowledge and technical information among the
Federal and non-Federal elements described in paragraph (2).
(C) Public awareness
The public awareness activity shall provide for the education
of the public, including State and local officials, in the
hazards of dam failure, methods of reducing the adverse
consequences of dam failure, and related matters.
(e) Assistance for State dam safety programs
(1) In general
To encourage the establishment and maintenance of effective
State programs intended to ensure dam safety, to protect human
life and property, and to improve State dam safety programs, the
Director shall provide assistance with amounts made available
under section 467j of this title to assist States in
establishing, maintaining, and improving dam safety programs in
accordance with the criteria specified in paragraph (2).
(2) Criteria and budgeting requirement
For a State to be eligible for assistance under this
subsection, a State dam safety program must be working toward
meeting the following criteria and budgeting requirement:
(A) Criteria
A State dam safety program must be authorized by State
legislation to include substantially, at a minimum -
(i) the authority to review and approve plans and
specifications to construct, enlarge, modify, remove, and
abandon dams;
(ii) the authority to perform periodic inspections during
dam construction to ensure compliance with approved plans and
specifications;
(iii) a requirement that, on completion of dam
construction, State approval must be given before operation
of the dam;
(iv)(I) the authority to require or perform the inspection,
at least once every 5 years, of all dams and reservoirs that
would pose a significant threat to human life and property in
case of failure to determine the continued safety of the dams
and reservoirs; and
(II) a procedure for more detailed and frequent safety
inspections;
(v) a requirement that all inspections be performed under
the supervision of a State-registered professional engineer
with related experience in dam design and construction;
(vi) the authority to issue notices, when appropriate, to
require owners of dams to perform necessary maintenance or
remedial work, improve security, revise operating procedures,
or take other actions, including breaching dams when
necessary;
(vii) regulations for carrying out the legislation of the
State described in this subparagraph;
(viii) provision for necessary funds -
(I) to ensure timely repairs or other changes to, or
removal of, a dam in order to protect human life and
property; and
(II) if the owner of the dam does not take action
described in subclause (I), to take appropriate action as
expeditiously as practicable;

(ix) a system of emergency procedures to be used if a dam
fails or if the failure of a dam is imminent; and
(x) an identification of -
(I) each dam the failure of which could be reasonably
expected to endanger human life;
(II) the maximum area that could be flooded if the dam
failed; and
(III) necessary public facilities that would be affected
by the flooding.
(B) Budgeting requirement
For a State to be eligible for assistance under this
subsection, State appropriations must be budgeted to carry out
the legislation of the State under subparagraph (A).
(3) Work plans
The Director shall enter into a (!1) agreement with each State
receiving assistance under paragraph (2) to develop a work plan
necessary for the State dam safety program to reach a level of
program performance specified in the agreement.

(4) Maintenance of effort
Assistance may not be provided to a State under this subsection
for a fiscal year unless the State enters into such agreement
with the Director as the Director requires to ensure that the
State will maintain the aggregate expenditures of the State from
all other sources for programs to ensure dam safety for the
protection of human life and property at or above a level equal
to the average annual level of such expenditures for the 2 fiscal
years preceding the fiscal year.
(5) Approval of programs
(A) Submission
For a State to be eligible for assistance under this
subsection, a plan for a State dam safety program shall be
submitted to the Director for approval.
(B) Approval
A State dam safety program shall be deemed to be approved 120
days after the date of receipt by the Director unless the
Director determines within the 120-day period that the State
dam safety program fails to meet the requirements of paragraphs
(1) through (3).
(C) Notification of disapproval
If the Director determines that a State dam safety program
does not meet the requirements for approval, the Director shall
immediately notify the State in writing and provide the reasons
for the determination and the changes that are necessary for
the plan to be approved.
(6) Review of State dam safety programs
Using the expertise of the Board, the Director shall
periodically review State dam safety programs. If the Board finds
that a State dam safety program has proven inadequate to
reasonably protect human life and property and the Director
concurs, the Director shall revoke approval of the State dam
safety program, and withhold assistance under this subsection,
until the State dam safety program again meets the requirements
for approval.
(f) Board
(1) Establishment
The Director shall establish an advisory board to be known as
the "National Dam Safety Review Board" to monitor the safety of
dams in the United States, to monitor State implementation of
this section, and to advise the Director on national dam safety
policy.
(2) Authority
The Board may use the expertise of Federal agencies and enter
into contracts for necessary studies to carry out this section.
(3) Voting membership
The Board shall consist of 11 voting members selected by the
Director for expertise in dam safety, of whom -
(A) 1 member shall represent the Department of Agriculture;
(B) 1 member shall represent the Department of Defense;
(C) 1 member shall represent the Department of the Interior;
(D) 1 member shall represent FEMA;
(E) 1 member shall represent the Federal Energy Regulatory
Commission;
(F) 5 members shall be selected by the Director from among
State dam safety officials; and
(G) 1 member shall be selected by the Director to represent
the private sector.
(4) Nonvoting membership
The Director, in consultation with the Board, may invite a
representative of the National Laboratories of the Department of
Energy and may invite representatives from Federal or State
agencies or dam safety experts, as needed, to participate in
meetings of the Board.
(5) Duties
(A) In general
The Board shall encourage the establishment and maintenance
of effective programs, policies, and guidelines to enhance dam
safety for the protection of human life and property throughout
the United States.
(B) Coordination and information exchange among agencies
In carrying out subparagraph (A), the Board shall encourage
coordination and information exchange among Federal and State
dam safety agencies that share common problems and
responsibilities for dam safety, including planning, design,
construction, operation, emergency action planning,
inspections, maintenance, regulation or licensing, technical or
financial assistance, research, and data management.
(6) Work groups
The Director may establish work groups under the Board to
assist the Board in accomplishing its goals. The work groups
shall consist of members of the Board and other individuals
selected by the Director.
(7) Compensation of members
(A) Federal employees
Each member of the Board who is an officer or employee of the
United States shall serve without compensation in addition to
compensation received for the services of the member as an
officer or employee of the United States.
(B) Other members
Each member of the Board who is not an officer or employee of
the United States shall serve without compensation.
(8) Travel expenses
(A) Representatives of Federal agencies
To the extent amounts are made available in advance in
appropriations Acts, each member of the Board who represents a
Federal agency shall be reimbursed of appropriations for travel
expenses by his or her agency, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, while away from
the home or regular place of business of the member in the
performance of services for the Board.
(B) Other individuals
To the extent amounts are made available in advance in
appropriations Acts, each member of the Board who represents a
State agency, the member of the Board who represents the
private sector, and each member of a work group created under
paragraph (1) shall be reimbursed for travel expenses by FEMA,
including per diem in lieu of subsistence, at rates authorized
for an employee of an agency under subchapter I of chapter 57
of title 5, while away from home or regular place of business
of the member in performance of services for the Board.
(9) Applicability of Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Board.

-SOURCE-
(Pub. L. 92-367, Sec. 8, as added Pub. L. 104-303, title II, Sec.
215(c)(8), Oct. 12, 1996, 110 Stat. 3688; amended Pub. L. 107-310,
Sec. 3(a)-(e)(1), (f), (g), Dec. 2, 2002, 116 Stat. 2450, 2451.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in subsec.
(f)(9), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,
which is set out in the Appendix to Title 5, Government
Organization and Employees.


-MISC1-
PRIOR PROVISIONS
A prior section 467f, Pub. L. 92-367, Sec. 7, as added Pub. L.
99-662, title XII, Sec. 1201(b), Nov. 17, 1986, 100 Stat. 4260;
amended Pub. L. 102-580, title II, Sec. 209(a), Oct. 31, 1992, 106
Stat. 4830, related to funding for State dam safety programs, prior
to repeal by Pub. L. 104-303, title II, Sec. 215(c)(2), Oct. 12,
1996, 110 Stat. 3685.
A prior section 8 of Pub. L. 92-367 was classified to section
467g of this title prior to repeal by Pub. L. 104-303.

AMENDMENTS
2002 - Subsec. (a)(3)(B). Pub. L. 107-310, Sec. 3(a)(1),
substituted "strategic plan described in subsection (b)" for
"implementation plan described in subsection (e)".
Subsec. (a)(3)(C). Pub. L. 107-310, Sec. 3(a)(2), substituted
"subsection (e)" for "subsection (f)".
Subsec. (b). Pub. L. 107-310, Sec. 3(b), amended heading and text
of subsec. (b) generally. Prior to amendment, text read as follows:
"The Director shall -
"(1) not later than 270 days after October 12, 1996, develop
the implementation plan described in subsection (e) of this
section;
"(2) not later than 300 days after October 12, 1996, submit to
the appropriate authorizing committees of Congress the
implementation plan described in subsection (e) of this section;
and
"(3) by regulation, not later than 360 days after October 12,
1996 -
"(A) develop and implement the Program;
"(B) establish goals, priorities, and target dates for
implementation of the Program; and
"(C) to the extent feasible, provide a method for cooperation
and coordination with, and assistance to, interested
governmental entities in all States."
Subsec. (c)(7). Pub. L. 107-310, Sec. 3(c), added par. (7).
Subsec. (d)(3)(A). Pub. L. 107-310, Sec. 3(d), substituted "and
shall be exercised by chairing the Board to coordinate national
efforts to improve the safety of the dams in the United States" for
"and shall be exercised by chairing ICODS to coordinate Federal
efforts in cooperation with State dam safety officials".
Subsec. (e). Pub. L. 107-310, Sec. 3(e)(1), redesignated subsec.
(f) as (e) and struck out heading and text of former subsec. (e).
Text read as follows: "The Director shall -
"(1) develop an implementation plan for the Program that shall
set, through fiscal year 2002, year-by-year targets that
demonstrate improvements in dam safety; and
"(2) recommend appropriate roles for Federal agencies and for
State and local units of government, individuals, and private
organizations in carrying out the implementation plan."
Subsec. (e)(1). Pub. L. 107-310, Sec. 3(f)(1), substituted "the
Director shall provide assistance with amounts made available under
section 467j of this title to assist States in establishing,
maintaining, and improving dam safety programs in accordance with
the criteria specified in paragraph (2)." for "the Director shall
provide assistance with amounts made available under section 467j
of this title to assist States in establishing and maintaining dam
safety programs -
"(A) in accordance with the criteria specified in paragraph
(2); and
"(B) in accordance with more advanced requirements and
standards established by the Board and the Director with the
assistance of established criteria such as the Model State Dam
Safety Program published by FEMA, numbered 123 and dated April
1987, and amendments to the Model State Dam Safety Program."
Subsec. (e)(2). Pub. L. 107-310, Sec. 3(f)(2)(A), in introductory
provisions, struck out "primary" after "For a State to be eligible
for" and ", and for a State to be eligible for advanced assistance
under this subsection, a State dam safety program must meet the
following criteria and budgeting requirement and be working toward
meeting the advanced requirements and standards established under
paragraph (1)(B)" before colon.
Subsec. (e)(2)(A). Pub. L. 107-310, Sec. 3(f)(2)(B)(i),
substituted "A State" for "For a State to be eligible for
assistance under this subsection, a State" in introductory
provisions.
Subsec. (e)(2)(A)(vi). Pub. L. 107-310, Sec. 3(f)(2)(B)(ii),
inserted "improve security," before "revise operating procedures,".
Subsec. (e)(3). Pub. L. 107-310, Sec. 3(f)(3), substituted
"agreement" for "contract" in two places.
Subsec. (f). Pub. L. 107-310, Sec. 3(e)(1), redesignated subsec.
(h) as (f). Former subsec. (f) redesignated (e).
Subsec. (f)(1). Pub. L. 107-310, Sec. 3(g)(1), substituted "The
Director shall establish" for "The Director may establish" and "to
monitor the safety of dams in the United States, to monitor State
implementation of this section, and to advise the Director on
national dam safety policy" for "to monitor State implementation of
this section".
Subsec. (f)(3). Pub. L. 107-310, Sec. 3(g)(2)(A), (B),
substituted "Voting membership" for "Membership" in heading and "11
voting members" for "11 members" in introductory provisions.
Subsec. (f)(3)(F), (G). Pub. L. 107-310, Sec. 3(g)(2)(C), added
subpars. (F) and (G) and struck out former subpars. (F) and (G)
which read as follows:
"(F) 5 members shall be selected by the Director from among dam
safety officials of States; and
"(G) 1 member shall be selected by the Director to represent the
United States Committee on Large Dams."
Subsec. (f)(4) to (6). Pub. L. 107-310, Sec. 3(g)(3)(B), added
pars. (4) to (6). Former pars. (4) to (6) redesignated (7) to (9),
respectively.
Subsec. (f)(7). Pub. L. 107-310, Sec. 3(g)(3)(A), redesignated
par. (4) as (7).
Subsec. (f)(8). Pub. L. 107-310, Sec. 3(g)(4), added par. (8) and
struck out heading and text of former par. (8). Text read as
follows: "Each member of the Board shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of
chapter 57 of title 5, while away from the home or regular place of
business of the member in the performance of services for the
Board."
Pub. L. 107-310, Sec. 3(g)(3)(A), redesignated par. (5) as (8).
Subsec. (f)(9). Pub. L. 107-310, Sec. 3(g)(3)(A), redesignated
par. (6) as (9).
Subsec. (g). Pub. L. 107-310, Sec. 3(e)(1), struck out heading
and text of subsec. (g). Text read as follows: "At the request of
any State that has or intends to develop a State dam safety
program, the Director shall provide training for State dam safety
staff and inspectors."
Subsec. (h). Pub. L. 107-310, Sec. 3(e)(1), redesignated subsec.
(h) as (f).


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the Federal Emergency Management Agency, including the functions of
the Director of the Federal Emergency Management Agency relating
thereto, to the Secretary of Homeland Security, and for treatment
of related references, see sections 313(1), 551(d), 552(d), and 557
of Title 6, Domestic Security, and the Department of Homeland
Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 467, 467j of this title.

-FOOTNOTE-
(!1) So in original. Probably should be "an".


-End-



-CITE-
33 USC Sec. 467g 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-
Sec. 467g. Research

-STATUTE-
(a) In general
The Director, in cooperation with the Board, shall carry out a
program of technical and archival research to develop and support -

(1) improved techniques, historical experience, and equipment
for rapid and effective dam construction, rehabilitation, and
inspection;
(2) devices for the continued monitoring of the safety of dams;
(3) development and maintenance of information resources
systems needed to support managing the safety of dams; and
(4) initiatives to guide the formulation of effective public
policy and advance improvements in dam safety engineering,
security, and management.
(b) Consultation
The Director shall provide for State participation in research
under subsection (a) of this section and periodically advise all
States and Congress of the results of the research.

-SOURCE-
(Pub. L. 92-367, Sec. 9, as added Pub. L. 104-303, title II, Sec.
215(c)(8), Oct. 12, 1996, 110 Stat. 3692; amended Pub. L. 107-310,
Sec. 4, Dec. 2, 2002, 116 Stat. 2453.)


-MISC1-
PRIOR PROVISIONS
A prior section 467g, Pub. L. 92-367, Sec. 8, as added Pub. L.
99-662, title XII, Sec. 1201(b), Nov. 17, 1986, 100 Stat. 4261, set
out the requisite features of State dam safety programs and
provided for program approval and periodic review, prior to repeal
by Pub. L. 104-303, title II, Sec. 215(c)(2), Oct. 12, 1996, 110
Stat. 3685.
A prior section 9 of Pub. L. 92-367 was classified to section
467h of this title prior to repeal by Pub. L. 104-303.

AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-310, Sec. 4(1), in introductory
provisions, substituted "in cooperation with the Board" for "in
cooperation with ICODS" and inserted "and support" after "develop".
Subsec. (a)(3), (4). Pub. L. 107-310, Sec. 4(2)-(4), added pars.
(3) and (4).

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 467j of this title.

-End-



-CITE-
33 USC Sec. 467g-1 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-
Sec. 467g-1. Dam safety training

-STATUTE-
At the request of any State that has or intends to develop a
State dam safety program, the Director shall provide training for
State dam safety staff and inspectors.

-SOURCE-
(Pub. L. 92-367, Sec. 10, as added Pub. L. 107-310, Sec. 5(2), Dec.
2, 2002, 116 Stat. 2453.)


-MISC1-
PRIOR PROVISIONS
A prior section 10 of Pub. L. 92-367 was renumbered section 11,
and is classified to section 467h of this title.
Another prior section 10 of Pub. L. 92-367 was classified to
section 467i of this title prior to repeal by Pub. L. 104-303.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 467j of this title.

-End-



-CITE-
33 USC Sec. 467h 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-
Sec. 467h. Reports

-STATUTE-
Not later than 90 days after the end of each odd-numbered fiscal
year, the Director shall submit a report to Congress that -
(1) describes the status of the Program;
(2) describes the progress achieved by Federal agencies during
the 2 preceding fiscal years in implementing the Federal
Guidelines for Dam Safety;
(3) describes the progress achieved in dam safety by States
participating in the Program; and
(4) includes any recommendations for legislative and other
action that the Director considers necessary.

-SOURCE-
(Pub. L. 92-367, Sec. 11, formerly Sec. 10, as added Pub. L.
104-303, title II, Sec. 215(c)(8), Oct. 12, 1996, 110 Stat. 3692;
renumbered Sec. 11 and amended Pub. L. 107-310, Secs. 5(1), 6, Dec.
2, 2002, 116 Stat. 2453.)


-MISC1-
PRIOR PROVISIONS
A prior section 467h, Pub. L. 92-367, Sec. 9, as added Pub. L.
99-662, title XII, Sec. 1201(b), Nov. 17, 1986, 100 Stat. 4262,
provided for creation of National Dam Safety Review Board, prior to
repeal by Pub. L. 104-303, title II, Sec. 215(c)(2), Oct. 12, 1996,
110 Stat. 3685.
A prior section 11 of Pub. L. 92-367 was renumbered section 12,
and is classified to section 467i of this title.
Another prior section 11 of Pub. L. 92-367 was classified to
section 467j of this title prior to repeal by Pub. L. 104-303.

AMENDMENTS
2002 - Pub. L. 107-310, Sec. 6, struck out subsec. designations
and headings for subsecs. (a) and (b) and text of subsec. (a) which
read as follows: "Not later than 180 days after October 12, 1996,
the Director shall report to Congress on the availability of dam
insurance and make recommendations concerning encouraging greater
availability."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 467j of this title.

-End-



-CITE-
33 USC Sec. 467i 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-
Sec. 467i. Statutory construction

-STATUTE-
Nothing in this subchapter and no action or failure to act under
this subchapter shall -
(1) create any liability in the United States or its officers
or employees for the recovery of damages caused by such action or
failure to act;
(2) relieve an owner or operator of a dam of the legal duties,
obligations, or liabilities incident to the ownership or
operation of the dam; or
(3) preempt any other Federal or State law.

-SOURCE-
(Pub. L. 92-367, Sec. 12, formerly Sec. 11, as added Pub. L.
104-303, title II, Sec. 215(c)(8), Oct. 12, 1996, 110 Stat. 3693;
renumbered Sec. 12, Pub. L. 107-310, Sec. 5(1), Dec. 2, 2002, 116
Stat. 2453.)


-MISC1-
PRIOR PROVISIONS
A prior section 467i, Pub. L. 92-367, Sec. 10, as added Pub. L.
99-662, title XII, Sec. 1201(b), Nov. 17, 1986, 100 Stat. 4262,
related to consultation of Federal officers with State officials
when dam operated or proposed by Federal agency is operated or
proposed in a State, prior to repeal by Pub. L. 104-303, title II,
Sec. 215(c)(2), Oct. 12, 1996, 110 Stat. 3685.
A prior section 12 of Pub. L. 92-367 was renumbered section 13,
and is classified to section 467j of this title.
Another prior section 12 of Pub. L. 92-367 was classified to
section 467k of this title prior to repeal by Pub. L. 104-303.

-End-



-CITE-
33 USC Sec. 467j 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-
Sec. 467j. Authorization of appropriations

-STATUTE-
(a) National dam safety program
(1) Annual amounts
There are authorized to be appropriated to FEMA to carry out
sections 467e, 467f, and 467h of this title (in addition to any
amounts made available for similar purposes included in any other
Act and amounts made available under subsections (b) through (e)
of this section), $6,000,000 for each of fiscal years 2003
through 2006, to remain available until expended.
(2) Allocation
(A) In general
Subject to subparagraphs (B) and (C), for each fiscal year,
amounts made available under this subsection to carry out
section 467f of this title shall be allocated among the States
as follows:
(i) One-third among States that qualify for assistance
under section 467f(e) of this title.
(ii) Two-thirds among States that qualify for assistance
under section 467f(e) of this title, to each such State in
proportion to -
(I) the number of dams in the State that are listed as
State-regulated dams on the inventory of dams maintained
under section 467d of this title; as compared to
(II) the number of dams in all States that are listed as
State-regulated dams on the inventory of dams maintained
under section 467d of this title.
(B) Maximum amount of allocation
The amount of funds allocated to a State under this paragraph
may not exceed 50 percent of the reasonable cost of
implementing the State dam safety program.
(C) Determination
The Director and the Board shall determine the amount
allocated to States.
(b) National dam inventory
There is authorized to be appropriated to carry out section 467d
of this title $500,000 for each fiscal year.
(c) Research
There is authorized to be appropriated to carry out section 467g
of this title $1,500,000 for each of fiscal years 2003 through
2006, to remain until expended.
(d) Dam safety training
There is authorized to be appropriated to carry out section
467g-1 of this title $500,000 for each of fiscal years 2003 through
2006.
(e) Staff
There is authorized to be appropriated to FEMA for the employment
of such additional staff personnel as are necessary to carry out
sections 467f through 467g-1 of this title $600,000 for each of
fiscal years 2003 through 2006.
(f) Limitation on use of amounts
Amounts made available under this subchapter may not be used to
construct or repair any Federal or non-Federal dam.

-SOURCE-
(Pub. L. 92-367, Sec. 13, formerly Sec. 12, as added Pub. L.
104-303, title II, Sec. 215(c)(8), Oct. 12, 1996, 110 Stat. 3693;
renumbered Sec. 13 and amended Pub. L. 107-310, Secs. 5(1), 7, Dec.
2, 2002, 116 Stat. 2453.)


-MISC1-
PRIOR PROVISIONS
A prior section 467j, Pub. L. 92-367, Sec. 11, as added Pub. L.
99-662, title XII, Sec. 1201(b), Nov. 17, 1986, 100 Stat. 4262;
amended Pub. L. 102-580, title II, Sec. 209(b), Oct. 31, 1992, 106
Stat. 4830, related to training for State dam safety inspectors,
prior to repeal by Pub. L. 104-303, title II, Sec. 215(c)(2), Oct.
12, 1996, 110 Stat. 3685.
A prior section 13 of Pub. L. 92-367 was classified to section
467l of this title prior to repeal by Pub. L. 104-303.

AMENDMENTS
2002 - Subsec. (a)(1). Pub. L. 107-310, Sec. 7(a)(2), substituted
"$6,000,000 for each of fiscal years 2003 through 2006, to remain
available until expended" for "$1,000,000 for fiscal year 1998,
$2,000,000 for fiscal year 1999, $4,000,000 for fiscal year 2000,
$4,000,000 for fiscal year 2001, and $4,000,000 for fiscal year
2002".
Pub. L. 107-310, Sec. 7(a)(1), made technical amendment to
reference in original act which appears in text as reference to
section 467h of this title.
Subsec. (a)(2)(A)(i), (ii). Pub. L. 107-310, Sec. 7(b)(1),
substituted "section 467f(e)" for "section 467f(f)".
Subsec. (a)(2)(C). Pub. L. 107-310, Sec. 7(b)(2), struck out
"needing primary assistance and States needing advanced assistance
under section 467f(f) of this title" before period at end.
Subsecs. (c) to (e). Pub. L. 107-310, Sec. 7(c), added subsecs.
(c) to (e) and struck out former subsecs. (c) to (e) which
authorized appropriations for fiscal years 1998 through 2002 for
dam safety training, research, and staff.


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the Federal Emergency Management Agency, including the functions of
the Director of the Federal Emergency Management Agency relating
thereto, to the Secretary of Homeland Security, and for treatment
of related references, see sections 313(1), 551(d), 552(d), and 557
of Title 6, Domestic Security, and the Department of Homeland
Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 467f of this title.

-End-



-CITE-
33 USC Secs. 467k to 467m 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-
Secs. 467k to 467m. Repealed. Pub. L. 104-303, title II, Sec.
215(c)(2), Oct. 12, 1996, 110 Stat. 3685

-MISC1-
Section 467k, Pub. L. 92-367, Sec. 12, as added Pub. L. 99-662,
title XII, Sec. 1201(b), Nov. 17, 1986, 100 Stat. 4262; amended
Pub. L. 100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat.
1433; Pub. L. 102-580, title II, Sec. 209(c), Oct. 31, 1992, 106
Stat. 4830, related to development of improved dam inspection
techniques.
Section 467l, Pub. L. 92-367, Sec. 13, as added Pub. L. 99-662,
title XII, Sec. 1201(b), Nov. 17, 1986, 100 Stat. 4262; amended
Pub. L. 102-580, title II, Sec. 209(d), Oct. 31, 1992, 106 Stat.
4830, related to dam inventory updates.
Section 467m, Pub. L. 92-367, Sec. 14, as added Pub. L. 99-662,
title XII, Sec. 1201(b), Nov. 17, 1986, 100 Stat. 4263, provided
that inspection funds were not to be used for repair or
construction of any dam.

-End-



-CITE-
33 USC Sec. 467n 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-
Sec. 467n. Recovery of dam modification costs required for safety
purposes

-STATUTE-
(a) After November 17, 1986, costs incurred in the modification
by the Secretary of dams and related facilities constructed or
operated by the Secretary, the cause of which results from new
hydrologic or seismic data or changes in state-of-the-art design or
construction criteria deemed necessary for safety purposes, shall
be recovered in accordance with the provisions in this subsection:
(1) Fifteen percent of the modification costs shall be assigned
to project purposes in accordance with the cost allocation in
effect for the project at the time the work is initiated.
Non-Federal interests shall share the costs assigned to each
purpose in accord with the cost sharing in effect at the time of
initial project construction: Provided, That the Secretary of the
Interior shall recover costs assigned to irrigation in accordance
with repayment provisions of Public Law 98-404.
(2) Repayment under this subsection, with the exception of
costs assigned to irrigation, may be made, with interest, over a
period of not more than thirty years from the date of completion
of the work. The interest rate used shall be determined by the
Secretary of the Treasury, taking into consideration average
market yields on outstanding marketable obligations of the United (continued)