§ 467. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC467]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER VII--DAM INSPECTION PROGRAM
Sec. 467. Definitions
In this subchapter, the following definitions apply:
(1) Board
The term ``Board'' means a National Dam Safety Review Board
established under section 467f(f) of this title.
(2) Dam
The term ``dam''--
(A) means any artificial barrier that has the ability to
impound water, wastewater, or any liquid-borne material, for the
purpose of storage or control of water, that--
(i) is 25 feet or more in height from--
(I) the natural bed of the stream channel or
watercourse measured at the downstream toe of the
barrier; or
(II) if the barrier is not across a stream channel
or watercourse, from the lowest elevation of the outside
limit of the barrier;
to the maximum water storage elevation; or
(ii) has an impounding capacity for maximum storage
elevation of 50 acre-feet or more; but
(B) does not include--
(i) a levee; or
(ii) a barrier described in subparagraph (A) that--
(I) is 6 feet or less in height regardless of
storage capacity; or
(II) has a storage capacity at the maximum water
storage elevation that is 15 acre-feet or less
regardless of height;
unless the barrier, because of the location of the barrier or
another physical characteristic of the barrier, is likely to
pose a significant threat to human life or property if the
barrier fails (as determined by the Director).
(3) Director
The term ``Director'' means the Director of FEMA.
(4) Federal agency
The term ``Federal agency'' means a Federal agency that designs,
finances, constructs, owns, operates, maintains, or regulates the
construction, operation, or maintenance of a dam.
(5) Federal Guidelines for Dam Safety
The term ``Federal Guidelines for Dam Safety'' means the FEMA
publication, numbered 93 and dated June 1979, that defines
management practices for dam safety at all Federal agencies.
(6) FEMA
The term ``FEMA'' means the Federal Emergency Management Agency.
(7) Hazard reduction
The term ``hazard reduction'' means the reduction in the
potential consequences to life and property of dam failure.
(8) ICODS
The term ``ICODS'' means the Interagency Committee on Dam Safety
established by section 467e of this title.
(9) Program
The term ``Program'' means the national dam safety program
established under section 467f of this title.
(10) State
The term ``State'' means each of the several States of the
United States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, and any other territory or possession
of the United States.
(11) State dam safety agency
The term ``State dam safety agency'' means a State agency that
has regulatory authority over the safety of non-Federal dams.
(12) State dam safety program
The term ``State dam safety program'' means a State dam safety
program approved and assisted under section 467f(e) of this title.
(13) United States
The term ``United States'', when used in a geographical sense,
means all of the States.
(Pub. L. 92-367, Sec. 2, as added Pub. L. 104-303, title II,
Sec. 215(c)(4), Oct. 12, 1996, 110 Stat. 3685; amended Pub. L. 107-310,
Sec. 3(e)(2), Dec. 2, 2002, 116 Stat. 2451.)
Prior Provisions
A prior section 467, Pub. L. 92-367, Sec. 1, Aug. 8, 1972, 86 Stat.
506; Pub. L. 99-662, title XII, Sec. 1201(a), Nov. 17, 1986, 100 Stat.
4260, defined term ``dam'' as used in this subchapter, prior to repeal
by Pub. L. 104-303, Sec. 215(c)(1).
A prior section 2 of Pub. L. 92-367 was renumbered section 3 by
section 215(c)(3) of Pub. L. 104-303 and is classified to section 467a
of this title.
Amendments
2002--Par. (1). Pub. L. 107-310, Sec. 3(e)(2)(A), substituted
``section 467f(f)'' for ``section 467f(h)''.
Par. (12). Pub. L. 107-310, Sec. 3(e)(2)(B), substituted ``section
467f(e)'' for ``section 467f(f)''.
Short Title of 2002 Amendment
Pub. L. 107-310, Sec. 1(a), Dec. 2, 2002, 116 Stat. 2450, provided
that: ``This Act [enacting section 467g-1 of this title and amending
this section and sections 467e to 467g and 467h to 467j of this title]
may be cited as the `Dam Safety and Security Act of 2002'.''
Short Title of 1986 Amendment
Section 1206 of title XII of Pub. L. 99-662 provided that: ``This
title [enacting sections 467f to 467n and 2311 of this title and
amending this section and sections 467a and 467b of this title] may be
cited as the `Dam Safety Act of 1986'.''
Short Title
Section 1 of Pub. L. 92-367, as added by Pub. L. 104-303, title II,
Sec. 215(c)(1), Oct. 12, 1996, 110 Stat. 3685, provided that: ``This Act
[enacting this subchapter] may be cited as the `National Dam Safety
Program Act'.''
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.
Congressional Statement of Purpose; National Dam Safety Program
Section 215(a) of Pub. L. 104-303 provided that: ``The purpose of
this section [enacting this section and sections 467d to 467j of this
title, amending sections 467a to 467c of this title and section 3802 of
Title 25, Indians, repealing former sections 467 and 467d to 467m of
this title, and enacting provisions set out as notes under this section]
is to reduce the risks to life and property from dam failure in the
United States through the establishment and maintenance of an effective
national dam safety program to bring together the expertise and
resources of the Federal and non-Federal communities in achieving
national dam safety hazard reduction. It is not the intent of this
section to preempt any other Federal or State authorities nor is it the
intent of this section to mandate State participation in the grant
assistance program to be established under this section.''
Effect on Other Dam Safety Programs
Section 215(b) of Pub. L. 104-303 provided that: ``Nothing in this
section (including the amendments made by this section) [enacting this
section and sections 467d to 467j of this title, amending sections 467a
to 467c of this title and section 3802 of Title 25, Indians, repealing
former sections 467 and 467d to 467m of this title, and enacting
provisions set out as notes under this section] shall preempt or
otherwise affect any dam safety program of a Federal agency other than
the Federal Emergency Management Agency, including any program that
regulates, permits, or licenses any activity affecting a dam.''
Section Referred to in Other Sections
This section is referred to in title 25 section 3802.
