33 USC 467 - National dam safety program

View all text of Subchapter VII [§ 467 - § 467o]

§ 467f. National dam safety program

(a) In generalThe Administrator, 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);

(2) involve, to the extent appropriate, each Federal agency; and

(3) include—

(A) each of the components described in subsection (d);

(B) the strategic plan described in subsection (b); and

(b) DutiesThe Administrator shall prepare a strategic plan—

(1) to establish goals, priorities, performance measures, and target dates toward effectively administering this subchapter in order 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.

(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 implement a comprehensive dam safety hazard education and public awareness initiative to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents;

(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 generalThe 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

(B) Non-FederalThe 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

(B) Technical assistance

(e) Assistance for State dam safety programs

(1) In general

(2) Criteria and budgeting requirementFor 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) CriteriaA State dam safety program must be authorized by State legislation to include, 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) the authority to require or perform periodic evaluations of all dams and reservoirs to determine the extent of the threat to human life and property in case of failure;

(v)(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;

(vi) a requirement that all inspections be performed under the supervision of a State-registered professional engineer with related experience in dam design and construction;

(vii) the authority to issue notices, when appropriate, to require owners of dams to perform necessary maintenance or remedial work, install and monitor instrumentation, improve security, revise operating procedures, or take other actions, including breaching dams when necessary;

(viii) regulations for carrying out the legislation of the State described in this subparagraph;

(ix) 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;

(x) a system of emergency procedures to be used if a dam fails or if the failure of a dam is imminent; and

(xi) 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

(3) Work plans

(4) Maintenance of effort

(5) Approval of programs

(A) Submission

(B) Approval

(6) Review of State dam safety programs

(f) Board

(1) Establishment

(2) Authority

(3) Voting membershipThe Board shall consist of 11 voting members selected by the Administrator 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;

(D) 1 member shall represent FEMA;

(E) 1 member shall represent the Federal Energy Regulatory Commission;

(F) 5 members shall be selected by the Administrator from among State dam safety officials; and

(G) 1 member shall be selected by the Administrator to represent the private sector.

(4) Nonvoting membership

(5) Duties

(A) In general

(B) Coordination and information exchange among agencies

(6) Work groups

(7) Compensation of members

(A) Federal employees

(B) Other members

(8) Travel expenses

(A) Representatives of Federal agencies

(B) Other individuals

(9) Applicability of chapter 10 of title 5

(Pub. L. 92–367, § 8, as added Pub. L. 104–303, title II, § 215(c)(8), Oct. 12, 1996, 110 Stat. 3688; amended Pub. L. 107–310, § 3(a)–(e)(1), (f), (g), Dec. 2, 2002, 116 Stat. 2450, 2451; Pub. L. 109–460, § 1(c), Dec. 22, 2006, 120 Stat. 3401; Pub. L. 113–121, title III, § 3001(a)(1), (c), June 10, 2014, 128 Stat. 1282; Pub. L. 117–286, § 4(a)(198), Dec. 27, 2022, 136 Stat. 4327.)