§ 467f. — National dam safety program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC467f]
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. 467f. National dam safety program
(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.
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\1\ So in original. Probably should be ``an''.
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(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.
(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.)
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.
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).
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.
Section Referred to in Other Sections
This section is referred to in sections 467, 467j of this title.
