
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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 implementation plan described in subsection (e) of 
        this section; and
            (C) assistance for State dam safety programs described in 
        subsection (f) of this section.

(b) Duties

    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.

(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; and
        (6) develop mechanisms with which to provide Federal technical 
    assistance for dam safety to the non-Federal sector.

(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 ICODS to coordinate Federal 
        efforts in cooperation with State dam safety officials.

        (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) Implementation plan

    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.

(f) 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 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.

               (2) Criteria and budgeting requirement

        For a State to be eligible for primary assistance under this 
    subsection, a State dam safety program must be working toward 
    meeting the following criteria and budgeting requirement, 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):

        (A) Criteria

            For a State to be eligible for assistance under this 
        subsection, 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, 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 contract 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 contract.

                      (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.

(g) Dam safety training

    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.

(h) Board

                          (1) Establishment

        The Director may establish an advisory board to be known as the 
    ``National Dam Safety Review Board'' to monitor State implementation 
    of this section.

                            (2) Authority

        The Board may use the expertise of Federal agencies and enter 
    into contracts for necessary studies to carry out this section.

                           (3) Membership

        The Board shall consist of 11 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 
        dam safety officials of States; and
            (G) 1 member shall be selected by the Director to represent 
        the United States Committee on Large Dams.

                     (4) 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.

                         (5) Travel expenses

        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.

         (6) 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.)

                       References in Text

    The Federal Advisory Committee Act, referred to in subsec. (h)(6), 
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.

                  Section Referred to in Other Sections

    This section is referred to in sections 467, 467j of this title.
