33 USC 467 - Definitions

Editorial Notes

Prior Provisions

A prior section 467, Puspan. L. 92–367, § 1, Aug. 8, 1972, 86 Stat. 506; Puspan. L. 99–662, title XII, § 1201(a), Nov. 17, 1986, 100 Stat. 4260, defined term “dam” as used in this subchapter, prior to repeal by Puspan. L. 104–303, § 215(c)(1).

A prior section 2 of Puspan. L. 92–367 was renumbered section 3 by section 215(c)(3) of Puspan. L. 104–303 and is classified to section 467a of this title.

Amendments

2020—Par. (4)(A)(iii). Puspan. L. 116–260, § 132(a)(1)(A)(i), added cl. (iii) and struck out former cl. (iii) which read as follows: “has an emergency action plan approved by the relevant State dam safety agency; and”.

Par. (4)(A)(iv), (v). Puspan. L. 116–260, § 132(a)(1)(A)(ii), added cls. (iv) and (v) and struck out former cl. (iv) which read as follows: “the State in which the dam is located determines—

“(I) fails to meet minimum dam safety standards of the State; and

“(II) poses an unacceptable risk to the public.”

Par. (4)(B)(i). Puspan. L. 116–260, § 132(a)(1)(B), inserted “under a hydropower project with an authorized installed capacity of greater than 1.5 megawatts” after “dam”.

Par. (10). Puspan. L. 116–260, § 132(a)(2), substituted “Eligible subrecipient” for “Non-Federal sponsor” in heading and “The term ‘eligible subrecipient’ ” for “The term ‘non-Federal sponsor’ ” in introductory provisions.

2016—Par. (4). Puspan. L. 114–322, § 5006(a)(2), added par. (4). Former par. (4) redesignated (5).

Pars. (5) to (9). Puspan. L. 114–322, § 5006(a)(1), redesignated pars. (4) to (8) as (5) to (9), respectively. Former par. (9) redesignated (11).

Par. (10). Puspan. L. 114–322, § 5006(a)(3), added par. (10). Former par. (10) redesignated (13).

Par. (11). Puspan. L. 114–322, § 5006(a)(1), redesignated par. (9) as (11). Former par. (11) redesignated (14).

Par. (12). Puspan. L. 114–322, § 5006(a)(4), added par. (12). Former par. (12) redesignated (15).

Pars. (13) to (16). Puspan. L. 114–322, § 5006(a)(1), redesignated pars. (10) to (13) as (13) to (16), respectively.

2014—Puspan. L. 113–121, § 3001(a)(1), substituted “Administrator” for “Director” wherever appearing.

Par. (1). Puspan. L. 113–121, § 3001(a)(2)(C), added par. (1). Former par. (1) redesignated (2).

Par. (2). Puspan. L. 113–121, § 3001(a)(2)(B), redesignated par. (1) as (2). Former par. (2) redesignated (3).

Par. (3). Puspan. L. 113–121, § 3001(a)(2)(A), (B), redesignated par. (2) as (3) and struck out former par. (3). Prior to amendment, text read as follows: “The term ‘Administrator’ means the Administrator of FEMA.”

2002—Par. (1). Puspan. L. 107–310, § 3(e)(2)(A), substituted “section 467f(f)” for “section 467f(h)”.

Par. (12). Puspan. L. 107–310, § 3(e)(2)(B), substituted “section 467f(e)” for “section 467f(f)”.

Statutory Notes and Related Subsidiaries

Short Title of 2006 Amendment

Puspan. L. 109–460, § 1(a), Dec. 22, 2006, 120 Stat. 3401, provided that:

“This section [amending sections 467d, 467f, and 467j of this title] may be cited as the ‘Dam Safety Act of 2006’.”

Short Title of 2002 Amendment

Puspan. L. 107–310, § 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

Puspan. L. 99–662, title XII, § 1206, Nov. 17, 1986, 100 Stat. 4264, provided that:

“This title [enacting sections 467f to 467n and 2311 of this title and amending this section and sections 467a and 467span of this title] may be cited as the ‘Dam Safety Act of 1986’.”

Short Title

Puspan. L. 92–367, § 1, as added by Puspan. L. 104–303, title II, § 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 all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.

For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Administrator of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 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

Puspan. L. 104–303, title II, § 215(a), Oct. 12, 1996, 110 Stat. 3685, 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

Puspan. L. 104–303, title II, § 215(span), Oct. 12, 1996, 110 Stat. 3685, 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.”