Title 33 — Navigation and Navigable Waters
Chapter 9 — Protection of Navigable Waters and of Harbor and River Improvements Generally
§ 467a. Inspection of dams
Statutory text
In general
As soon as practicable, the Secretary of the Army, acting through the Chief of Engineers, shall carry out a national program of inspection of dams for the purpose of protecting human life and property. All dams in the United States shall be inspected by the Secretary except (1) dams under the jurisdiction of the Bureau of Reclamation, the Tennessee Valley Authority, or the International Boundary and Water Commission, (2) dams which have been constructed pursuant to licenses issued under the authority of the Federal Power Act [16 U.S.C. 791a et seq.], (3) dams which have been inspected within the twelve-month period immediately prior to , by a State agency and which the Governor of such State requests be excluded from inspection, and (4) dams which the Secretary of the Army determines do not pose any threat to human life or property. The Secretary may inspect dams which have been licensed under the Federal Power Act upon request of the Federal Energy Regulatory Commission and dams under the jurisdiction of the International Boundary and Water Commission upon request of such Commission.
State participation
On request of a State dam safety agency, with respect to any dam the failure of which would affect the State, the head of a Federal agency shall—
provide information to the State dam safety agency on the construction, operation, maintenance, condition, or provisions for emergency operations of the dam; or
allow any official of the State dam safety agency to participate in the Federal inspection of the dam.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 92–367 § 3 · 86 Stat. 506
Enacted · 33 U.S.C. § 467a
Pub. L. 92–367, § 3, formerly § 2, Aug. 8, 1972, 86 Stat. 506
Source evidence
Code source credit
Pub. L. 92–367, § 3, formerly § 2, Aug. 8, 1972, 86 Stat. 506Enacted provision · exact public law section
Sec. 3. As soon as practicable after inspection of a dam, the Secretary Notice to Governors. shall notify the Governor of the State in which such dam is located the results of such investigation. The Secretary shall immediately notify the Governor of any hazardous conditions found during an inspection. The Secretary shall provide advice to the Governor, upon request, relating to timely remedial measures necessary to mitigate or obviate any hazardous conditions found during an inspection.Water Resources Development Act of 1996
Pub. L. 104–303 title II § 215(c)(3) · 110 Stat. 3658
Inserted · 33 U.S.C. § 467a
Pub. L. 104–303 inserted section catchline
Amended · 33 U.S.C. § 467a
Pub. L. 104–303 designated existing provisions as subsec. (a)
Inserted · 33 U.S.C. § 467a
Pub. L. 104–303 inserted heading
Added · 33 U.S.C. § 467a
Pub. L. 104–303 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 104–303 inserted section catchline, designated existing provisions as subsec. (a) and inserted heading, and added subsec. (b).Enacted provision · exact public law section
(3) by redesignating sections 2, 3, and 4 as sections 3, 4, and 5, respectively;Water Resources Reform and Development Act of 2014
Pub. L. 113–121 title III § 3001(b) · 128 Stat. 1193
Substituted · 33 U.S.C. § 467a(b)(1)
Pub. L. 113–121 substituted “maintenance, condition, or provisions for emergency operations” for “or maintenance”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 113–121 substituted “maintenance, condition, or provisions for emergency operations” for “or maintenance”.Enacted provision · exact public law section
(b) Inspection of Dams.— Section 3(b)(1) of the National Dam Safety Program Act (33 U.S.C. 467a(b)(1)) is amended by striking “or maintenance” and inserting “maintenance, condition, or provisions for emergency operations”.
6 of 6 references resolved to an enrolled provision
Editorial Notes
References in Text
The Federal Power Act, referred to in subsec. (a), is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§ 791a et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 791a of Title 16 and Tables.
Prior Provisions
A prior section 3 of Pub. L. 92–367 was renumbered section 4 and is classified to section 467b of this title.
Amendments1996–2014 · 2 rounds
2014
Subsec. (b)(1). Pub. L. 113–121 substituted “maintenance, condition, or provisions for emergency operations” for “or maintenance”.
1996
Pub. L. 104–303 inserted section catchline, designated existing provisions as subsec. (a) and inserted heading, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Transfer of Functions
“Federal Energy Regulatory Commission” substituted in text for “Federal Power Commission” on authority of Pub. L. 95–91, title IV, § 402(a)(1)(A), , 91 Stat. 583, which is classified to section 7172(a)(1)(A) of Title 42, The Public Health and Welfare.
Credits
1972–2014 · 4 acts
- 1972Pub. L. 92–367, § 3, formerly § 2, , 86 Stat. 506
- 1977Pub. L. 95–91, title IV, § 402(a)(1)(A), , 91 Stat. 583
- 1996renumbered § 3 and amended Pub. L. 104–303, title II, § 215(c)(3), (5), , 110 Stat. 3685, 3687
- 2014Pub. L. 113–121, title III, § 3001(b), , 128 Stat. 1282.
Show as published
(Pub. L. 92–367, § 3, formerly § 2, , 86 Stat. 506; Pub. L. 95–91, title IV, § 402(a)(1)(A), , 91 Stat. 583; renumbered § 3 and amended Pub. L. 104–303, title II, § 215(c)(3), (5), , 110 Stat. 3685, 3687; Pub. L. 113–121, title III, § 3001(b), , 128 Stat. 1282.)