Title 33 — Navigation and Navigable Waters
Chapter 9 — Protection of Navigable Waters and of Harbor and River Improvements Generally
§ 467f. National dam safety program
Statutory text
In general
The 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—
be administered by FEMA to achieve the objectives set forth in subsection (c);
involve, to the extent appropriate, each Federal agency; and
include—
each of the components described in subsection (d);
the strategic plan described in subsection (b); and
assistance for State dam safety programs described in subsection (e).
Duties
The Administrator shall prepare a strategic plan—
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
to the extent feasible, to establish cooperation and coordination with, and assistance to, interested governmental entities in all States.
Objectives
The objectives of the Program are to—
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;
encourage acceptable engineering policies and procedures to be used for dam site investigation, design, construction, operation and maintenance, and emergency preparedness;
encourage the establishment and implementation of effective dam safety programs in each State based on State standards;
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;
develop technical assistance materials for Federal and non-Federal dam safety programs;
develop mechanisms with which to provide Federal technical assistance for dam safety to the non-Federal sector; and
develop technical assistance materials, seminars, and guidelines to improve security for dams in the United States.
Components
In general
The Program shall consist of—
a Federal element and a non-Federal element; and
leadership activity, technical assistance activity, and public awareness activity.
Elements
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.
Non-Federal
The non-Federal element shall consist of—
the activities and practices carried out by States, local governments, and the private sector to safely build, regulate, operate, and maintain dams; and
Federal activities that foster State efforts to develop and implement effective programs for the safety of dams.
Functional activities
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.
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).
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.
Assistance for State dam safety programs
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 Administrator shall provide assistance with amounts made available under section 467j 1 of this title to assist States in establishing, maintaining, and improving dam safety programs in accordance with the criteria specified in paragraph (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:
Criteria
A State dam safety program must be authorized by State legislation to include, at a minimum—
the authority to review and approve plans and specifications to construct, enlarge, modify, remove, and abandon dams;
the authority to perform periodic inspections during dam construction to ensure compliance with approved plans and specifications;
a requirement that, on completion of dam construction, State approval must be given before operation of the dam;
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;
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
a procedure for more detailed and frequent safety inspections;
a requirement that all inspections be performed under the supervision of a State-registered professional engineer with related experience in dam design and construction;
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;
regulations for carrying out the legislation of the State described in this subparagraph;
provision for necessary funds—
to ensure timely repairs or other changes to, or removal of, a dam in order to protect human life and property; and
if the owner of the dam does not take action described in subclause (I), to take appropriate action as expeditiously as practicable;
a system of emergency procedures to be used if a dam fails or if the failure of a dam is imminent; and
an identification of—
each dam the failure of which could be reasonably expected to endanger human life;
the maximum area that could be flooded if the dam failed; and
necessary public facilities that would be affected by the flooding.
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).
Work plans
The Administrator shall enter into a 2 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.
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 Administrator as the Administrator 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.
Approval of programs
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 Administrator for approval.
Approval
A State dam safety program shall be deemed to be approved 120 days after the date of receipt by the Administrator unless the Administrator determines within the 120-day period that the State dam safety program fails to meet the requirements of paragraphs (1) through (3).
Notification of disapproval
If the Administrator determines that a State dam safety program does not meet the requirements for approval, the Administrator 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.
Review of State dam safety programs
Using the expertise of the Board, the Administrator 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 Administrator concurs, the Administrator 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.
Board
Establishment
The Administrator 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 Administrator on national dam safety policy.
Authority
The Board may use the expertise of Federal agencies and enter into contracts for necessary studies to carry out this section.
Voting membership
The Board shall consist of 11 voting members selected by the Administrator for expertise in dam safety, of whom—
1 member shall represent the Department of Agriculture;
1 member shall represent the Department of Defense;
1 member shall represent the Department of the Interior;
1 member shall represent FEMA;
1 member shall represent the Federal Energy Regulatory Commission;
5 members shall be selected by the Administrator from among State dam safety officials; and
1 member shall be selected by the Administrator to represent the private sector.
Nonvoting membership
The Administrator, 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, representatives from nongovernmental organizations, or dam safety experts, as needed, to participate in meetings of the Board.
Duties
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.
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.
Work groups
The Administrator 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 Administrator.
Compensation of members
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.
Other members
Each member of the Board who is not an officer or employee of the United States shall serve without compensation.
Travel expenses
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.
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.
Applicability of chapter 10 of title 5
Chapter 10 of title 5 shall not apply to the Board.
Footnotes
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 § 8 · 86 Stat. 506
Enacted · 33 U.S.C. § 467f
Pub. L. 92–367, § 8, as added Pub. L. 104–303, title II, § 215(c)(8), Oct. 12, 1996, 110 Stat. 3688
Source evidence
Code source credit
Pub. L. 92–367, § 8, as added Pub. L. 104–303, title II, § 215(c)(8), Oct. 12, 1996, 110 Stat. 3688Pub. L. 107–310 § 3(a)(1) · 116 Stat. 2450
Substituted · 33 U.S.C. § 467f(a)(3)(B)
Pub. L. 107–310, § 3(a)(1), substituted “strategic plan described in subsection (b)” for “implementation plan described in subsection (e)”
Source evidence
Code amendment note
Subsec. (a)(3)(B). Pub. L. 107–310, § 3(a)(1), substituted “strategic plan described in subsection (b)” for “implementation plan described in subsection (e)”.Enacted provision · exact public law section
(1) in subparagraph (B) by striking “implementation plan described in subsection (e)” and inserting “strategic plan described in subsection (b)”; andPub. L. 107–310 § 3(a)(2) · 116 Stat. 2450
Substituted · 33 U.S.C. § 467f(a)(3)(C)
Pub. L. 107–310, § 3(a)(2), substituted “subsection (e)” for “subsection (f)”
Source evidence
Code amendment note
Subsec. (a)(3)(C). Pub. L. 107–310, § 3(a)(2), substituted “subsection (e)” for “subsection (f)”.Enacted provision · exact public law section
(2) in subparagraph (C) by striking “subsection (f)” and inserting “subsection (e)”.Pub. L. 107–310 § 3(b) · 116 Stat. 2450
Amended · 33 U.S.C. § 467f(b)
Pub. L. 107–310, § 3(b), amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “The Director shall—
Source evidence
Code amendment note
Subsec. (b). Pub. L. 107–310, § 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.”
Enacted provision · exact public law section
(b) Duties.— Section 8(b) (33 U.S.C. 467f(b)) is amended to read as follows:Pub. L. 107–310 § 3(c) · 116 Stat. 2450
Added · 33 U.S.C. § 467f(c)(7)
Pub. L. 107–310, § 3(c), added par. (7)
Source evidence
Code amendment note
Subsec. (c)(7). Pub. L. 107–310, § 3(c), added par. (7).Enacted provision · exact public law section
(c) Objectives.— Section 8(c) (33 U.S.C. 467f(c)) is amended— (1) in paragraph (5) by striking “and” at the end; (2) in paragraph (6) by striking the period at the end and inserting “; and”; and (3) by adding at the end the following: “(7) develop technical assistance materials, seminars, and guidelines to improve security for dams in the United States.”,Pub. L. 107–310 § 3(d) · 116 Stat. 2450
Substituted · 33 U.S.C. § 467f(d)(3)(A)
Pub. L. 107–310, § 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”
Source evidence
Code amendment note
Subsec. (d)(3)(A). Pub. L. 107–310, § 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”.Enacted provision · exact public law section
(d) Functional Activities.— Section 8(d)(3)(A) (33 U.S.C. 467f(d)(3)(A)) is amended by striking “and shall be” and all that follows through the period at the end and inserting “and shall be exercised by chairing the Board to coordinate national efforts to improve the safety of the dams in the United States.”.Pub. L. 107–310 § 3(e)(1) · 116 Stat. 2450
Redesignated · 33 U.S.C. § 467f(e)
Pub. L. 107–310, § 3(e)(1), redesignated subsec. (f) as (e)
Struck · 33 U.S.C. § 467f(e)
Pub. L. 107–310, § 3(e)(1), struck out heading and text of former subsec. (e). Text read as follows: “The Director shall—
Source evidence
Code amendment note
Subsec. (e). Pub. L. 107–310, § 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.”
Enacted provision · exact public law section
(1) In general.—Section 8 (33 U.S.C. 467f) is amended by striking subsections (e) and (g) and redesignating subsections (f) and (h) as subsections (e) and (f), respectively.Pub. L. 107–310 § 3(f)(1) · 116 Stat. 2450
Substituted · 33 U.S.C. § 467f(e)(1)
Pub. L. 107–310, § 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—
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 107–310, § 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.”
Enacted provision · exact public law section
(1) in paragraph (1) by striking “the Director shall provide assistance” and all that follows through the period at the end and inserting “the Director shall provide assistance with amounts made available under section 13 to assist States in establishing, maintaining, and improving dam safety programs in accordance with the criteria specified in paragraph (2).”;Pub. L. 107–310 § 3(f)(2)(A) · 116 Stat. 2450
Struck · 33 U.S.C. § 467f(e)(2)
Pub. L. 107–310, § 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
Source evidence
Code amendment note
Subsec. (e)(2). Pub. L. 107–310, § 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.Enacted provision · exact public law section
(A) in the matter preceding subparagraph (A)— (i) by striking “primary”; and (ii) by striking “, and for a State to be eligible” and all that follows before the colon;Pub. L. 107–310 § 3(f)(2)(B)(i) · 116 Stat. 2450
Substituted · 33 U.S.C. § 467f(e)(2)(A)
Pub. L. 107–310, § 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
Source evidence
Code amendment note
Subsec. (e)(2)(A). Pub. L. 107–310, § 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.Enacted provision · exact public law section
(i) in the matter preceding clause (i) by striking “For a State to be eligible for assistance under this subsection, a State” and inserting “A State”; andPub. L. 107–310 § 3(f)(2)(B)(ii) · 116 Stat. 2450
Inserted · 33 U.S.C. § 467f(e)(2)(A)(vi)
Pub. L. 107–310, § 3(f)(2)(B)(ii), inserted “improve security,” before “revise operating procedures,”
Source evidence
Code amendment note
Subsec. (e)(2)(A)(vi). Pub. L. 107–310, § 3(f)(2)(B)(ii), inserted “improve security,” before “revise operating procedures,”.Enacted provision · exact public law section
(ii) in clause (vi) by inserting “improve security,” before “revise operating procedures”; andPub. L. 107–310 § 3(f)(3) · 116 Stat. 2450
Substituted · 33 U.S.C. § 467f(e)(3)
Pub. L. 107–310, § 3(f)(3), substituted “agreement” for “contract” in two places
Source evidence
Code amendment note
Subsec. (e)(3). Pub. L. 107–310, § 3(f)(3), substituted “agreement” for “contract” in two places.Enacted provision · exact public law section
(3) in paragraph (3) by striking “contract” each place it appears and inserting “agreement”.Pub. L. 107–310 § 3(e)(1) · 116 Stat. 2450
Redesignated · 33 U.S.C. § 467f(f)
Pub. L. 107–310, § 3(e)(1), redesignated subsec. (h) as (f). Former subsec. (f) redesignated (e)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 107–310, § 3(e)(1), redesignated subsec. (h) as (f). Former subsec. (f) redesignated (e).Enacted provision · exact public law section
(1) In general.—Section 8 (33 U.S.C. 467f) is amended by striking subsections (e) and (g) and redesignating subsections (f) and (h) as subsections (e) and (f), respectively.Pub. L. 107–310 § 3(g)(1) · 116 Stat. 2450
Substituted · 33 U.S.C. § 467f(f)(1)
Pub. L. 107–310, § 3(g)(1), substituted “The Director shall establish” for “The Director may establish”
Substituted · 33 U.S.C. § 467f(f)(1)
Pub. L. 107–310, § 3(g)(1), substituted “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”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 107–310, § 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”.Enacted provision · exact public law section
(1) Establishment.— Section 8(f)(1) (as redesignated by subsection (e) of this section) is amended— (A) by striking “The Director may establish” and inserting “The Director shall establish”; and (B) by striking “to monitor” and all that follows through the period at the end and inserting “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.”.Pub. L. 107–310 § 3(g)(2)(A) · 116 Stat. 2450
Substituted · 33 U.S.C. § 467f(f)(3)
Pub. L. 107–310, § 3(g)(2)(A), (B), substituted “Voting membership” for “Membership” in introductory provisions
Substituted · 33 U.S.C. § 467f(f)(3)
Pub. L. 107–310, § 3(g)(2)(A), (B), substituted “11 voting members” for “11 members” in introductory provisions
Source evidence
Code amendment note
Subsec. (f)(3). Pub. L. 107–310, § 3(g)(2)(A), (B), substituted “Voting membership” for “Membership” in heading and “11 voting members” for “11 members” in introductory provisions.Enacted provision · exact public law section
(A) in the paragraph heading by striking “Membership” and inserting “Voting membership”;Pub. L. 107–310 § 3(g)(2)(C) · 116 Stat. 2450
Added · 33 U.S.C. § 467f(f)(3)(F); 33 U.S.C. § 467f(f)(3)(G)
Pub. L. 107–310, § 3(g)(2)(C), added subpars. (F) and (G)
Struck · 33 U.S.C. § 467f(f)(3)(F); 33 U.S.C. § 467f(f)(3)(G)
Pub. L. 107–310, § 3(g)(2)(C), struck out former subpars. (F) and (G) which read as follows:
Source evidence
Code amendment note
Subsec. (f)(3)(F), (G). Pub. L. 107–310, § 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.”
Enacted provision · exact public law section
(C) by striking subparagraphs (F) and (G) and inserting the following: “(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.”Pub. L. 107–310 § 3(g)(3)(B) · 116 Stat. 2450
Redesignated · 33 U.S.C. § 467f(f)(4)(6)
Pub. L. 107–310, § 3(g)(3)(B), added pars. (4) to (6). Former pars. (4) to (6) redesignated (7) to (9), respectively
Source evidence
Code amendment note
Subsec. (f)(4) to (6). Pub. L. 107–310, § 3(g)(3)(B), added pars. (4) to (6). Former pars. (4) to (6) redesignated (7) to (9), respectively.Enacted provision · exact public law section
(B) by inserting after paragraph (3) the following: “(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.”.Pub. L. 107–310 § 3(g)(3)(A) · 116 Stat. 2450
Redesignated · 33 U.S.C. § 467f(f)(7)
Pub. L. 107–310, § 3(g)(3)(A), redesignated par. (4) as (7)
Source evidence
Code amendment note
Subsec. (f)(7). Pub. L. 107–310, § 3(g)(3)(A), redesignated par. (4) as (7).Enacted provision · exact public law section
(A) by redesignating paragraphs (4), (5), and (6) as paragraphs (7), (8), and (9), respectively; andPub. L. 107–310 § 3(g)(4) · 116 Stat. 2450
Added · 33 U.S.C. § 467f(f)(8)
Pub. L. 107–310, § 3(g)(4), added par. (8)
Struck · 33 U.S.C. § 467f(f)(8)
Pub. L. 107–310, § 3(g)(4), 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.”
Source evidence
Code amendment note
Subsec. (f)(8). Pub. L. 107–310, § 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.”Enacted provision · exact public law section
(4) Travel expenses.— Section 8(f) (as redesignated by subsection (e) of this section) is amended by striking paragraph (8) (as redesignated by paragraph (3)(A) of this subsection) and inserting the following:Pub. L. 107–310 § 3(g)(3)(A) · 116 Stat. 2450
Redesignated · 33 U.S.C. § 467f(f)(8)
Pub. L. 107–310, § 3(g)(3)(A), redesignated par. (5) as (8)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 107–310, § 3(g)(3)(A), redesignated par. (5) as (8).Enacted provision · exact public law section
(A) by redesignating paragraphs (4), (5), and (6) as paragraphs (7), (8), and (9), respectively; andPub. L. 107–310 § 3(g)(3)(A) · 116 Stat. 2450
Redesignated · 33 U.S.C. § 467f(f)(9)
Pub. L. 107–310, § 3(g)(3)(A), redesignated par. (6) as (9)
Source evidence
Code amendment note
Subsec. (f)(9). Pub. L. 107–310, § 3(g)(3)(A), redesignated par. (6) as (9).Enacted provision · exact public law section
(A) by redesignating paragraphs (4), (5), and (6) as paragraphs (7), (8), and (9), respectively; andPub. L. 107–310 § 3(e)(1) · 116 Stat. 2450
Struck · 33 U.S.C. § 467f(g)
Pub. L. 107–310, § 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.”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 107–310, § 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.”Enacted provision · exact public law section
(1) In general.—Section 8 (33 U.S.C. 467f) is amended by striking subsections (e) and (g) and redesignating subsections (f) and (h) as subsections (e) and (f), respectively.Pub. L. 107–310 § 3(e)(1) · 116 Stat. 2450
Redesignated · 33 U.S.C. § 467f(h)
Pub. L. 107–310, § 3(e)(1), redesignated subsec. (h) as (f)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 107–310, § 3(e)(1), redesignated subsec. (h) as (f).Enacted provision · exact public law section
(1) In general.—Section 8 (33 U.S.C. 467f) is amended by striking subsections (e) and (g) and redesignating subsections (f) and (h) as subsections (e) and (f), respectively.Dam Safety Act of 2006
Pub. L. 109–460 § 1(c)(1) · 120 Stat. 3401
Substituted · 33 U.S.C. § 467f(b)(1)
Pub. L. 109–460, § 1(c)(1), substituted “performance measures, and target dates toward effectively administering this subchapter in order to” for “and target dates to”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 109–460, § 1(c)(1), substituted “performance measures, and target dates toward effectively administering this subchapter in order to” for “and target dates to”.Enacted provision · exact public law section
(1) Duties.— Section 8(b)(1) of the National Dam Safety Program Act (33 U.S.C. 467f(b)(1)) is amended by striking “and target dates to” and inserting “performance measures, and target dates toward effectively administering this Act in order to”.Dam Safety Act of 2006
Pub. L. 109–460 § 1(c)(2)(A) · 120 Stat. 3401
Struck · 33 U.S.C. § 467f(e)(2)(A)
Pub. L. 109–460, § 1(c)(2)(A), struck out “substantially” after “to include” in introductory provisions
Source evidence
Code amendment note
Subsec. (e)(2)(A). Pub. L. 109–460, § 1(c)(2)(A), struck out “substantially” after “to include” in introductory provisions.Enacted provision · exact public law section
(A) in the matter preceding clause (i), by striking “substantially”;Dam Safety Act of 2006
Pub. L. 109–460 § 1(c)(2)(B) · 120 Stat. 3401
Added · 33 U.S.C. § 467f(e)(2)(A)(iv)(vi)
Pub. L. 109–460, § 1(c)(2)(B), (C), added cl. (iv)
Redesignated · 33 U.S.C. § 467f(e)(2)(A)(iv)(vi)
Pub. L. 109–460, § 1(c)(2)(B), (C), redesignated former cls. (iv) and (v) as (v) and (vi), respectively. Former cl. (vi) redesignated (vii)
Source evidence
Code amendment note
Subsec. (e)(2)(A)(iv) to (vi). Pub. L. 109–460, § 1(c)(2)(B), (C), added cl. (iv) and redesignated former cls. (iv) and (v) as (v) and (vi), respectively. Former cl. (vi) redesignated (vii).Enacted provision · exact public law section
(B) by redesignating clauses (iv) through (x) as clauses (v) through (xi), respectively;Dam Safety Act of 2006
Pub. L. 109–460 § 1(c)(2)(B) · 120 Stat. 3401
Redesignated · 33 U.S.C. § 467f(e)(2)(A)(vii)
Pub. L. 109–460, § 1(c)(2)(B), (D), redesignated cl. (vi) as (vii)
Redesignated · 33 U.S.C. § 467f(e)(2)(A)(vii)
Pub. L. 109–460, § 1(c)(2)(B), (D), inserted “install and monitor instrumentation,” after “remedial work,”. Former cl. (vii) redesignated (viii)
Source evidence
Code amendment note
Subsec. (e)(2)(A)(vii). Pub. L. 109–460, § 1(c)(2)(B), (D), redesignated cl. (vi) as (vii) and inserted “install and monitor instrumentation,” after “remedial work,”. Former cl. (vii) redesignated (viii).Enacted provision · exact public law section
(B) by redesignating clauses (iv) through (x) as clauses (v) through (xi), respectively;Dam Safety Act of 2006
Pub. L. 109–460 § 1(c)(2)(B) · 120 Stat. 3401
Redesignated · 33 U.S.C. § 467f(e)(2)(A)(viii)(xi)
Pub. L. 109–460, § 1(c)(2)(B), redesignated cls. (vii) to (x) as (viii) to (xi), respectively
Source evidence
Code amendment note
Subsec. (e)(2)(A)(viii) to (xi). Pub. L. 109–460, § 1(c)(2)(B), redesignated cls. (vii) to (x) as (viii) to (xi), respectively.Enacted provision · exact public law section
(B) by redesignating clauses (iv) through (x) as clauses (v) through (xi), respectively;Water Resources Reform and Development Act of 2014
Pub. L. 113–121 § 3001(a)(1) · 128 Stat. 1193
Substituted · 33 U.S.C. § 467f
Pub. L. 113–121, § 3001(a)(1), substituted “Administrator” for “Director” wherever appearing
Source evidence
Code amendment note
Pub. L. 113–121, § 3001(a)(1), substituted “Administrator” for “Director” wherever appearing.Enacted provision · exact public law section
(1) In general.— The National Dam Safety Program Act (33 U.S.C. 467 et seq.) is amended by striking “Director” each place it appears and inserting “Administrator”.Water Resources Reform and Development Act of 2014
Pub. L. 113–121 § 3001(c)(1) · 128 Stat. 1193
Added · 33 U.S.C. § 467f(c)(4)
Pub. L. 113–121, § 3001(c)(1), added par. (4)
Struck · 33 U.S.C. § 467f(c)(4)
Pub. L. 113–121, § 3001(c)(1), struck out former par. (4) which read as follows: “develop and encourage public awareness projects to increase public acceptance and support of State dam safety programs;”
Source evidence
Code amendment note
Subsec. (c)(4). Pub. L. 113–121, § 3001(c)(1), added par. (4) and struck out former par. (4) which read as follows: “develop and encourage public awareness projects to increase public acceptance and support of State dam safety programs;”.Enacted provision · exact public law section
(1) Objectives.— Section 8(c) of the National Dam Safety Program Act (33 U.S.C. 467f(c)) is amended by striking paragraph (4) and inserting the following: “(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;” .Water Resources Reform and Development Act of 2014
Pub. L. 113–121 § 3001(c)(2) · 128 Stat. 1193
Inserted · 33 U.S.C. § 467f(f)(4)
Pub. L. 113–121, § 3001(c)(2), inserted “, representatives from nongovernmental organizations,” after “State agencies”
Source evidence
Code amendment note
Subsec. (f)(4). Pub. L. 113–121, § 3001(c)(2), inserted “, representatives from nongovernmental organizations,” after “State agencies”.Enacted provision · exact public law section
(2) Board.— Section 8(f)(4) of the National Dam Safety Program Act (33 U.S.C. 467f(f)(4)) is amended by inserting “, representatives from nongovernmental organizations,” after “State agencies”.Pub. L. 117–286 § 4(a)(198) · 136 Stat. 4196
Substituted · 33 U.S.C. § 467f(f)(9)
Pub. L. 117–286 substituted “chapter 10 of title 5” for “Federal Advisory Committee Act” in text
Substituted · 33 U.S.C. § 467f(f)(9)
Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text
Source evidence
Code amendment note
Subsec. (f)(9). Pub. L. 117–286 substituted “chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text.Enacted provision · exact public law section
(198) Section 8(f)(9) of the National Dam Safety Program Act (33 U.S.C. 467f(f)(9)) is amended— (A) in the paragraph heading, by striking “federal advisory committee act” and inserting “chapter 10 of title 5, united states code”; and (B) in text, by striking “The Federal Advisory Committee Act (5 U.S.C. App.)” and inserting “Chapter 10 of title 5, United States Code,”.
40 of 41 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
Section 467j of this title, referred to in subsec. (e)(1), was in the original “section 13” and was translated as meaning section 13 of Pub. L. 92–367 prior to its redesignation as section 14 by Pub. L. 113–121, § 3001(d)(1).
Prior Provisions
A prior section 467f, Pub. L. 92–367, § 7, as added Pub. L. 99–662, title XII, § 1201(b), , 100 Stat. 4260; amended Pub. L. 102–580, title II, § 209(a), , 106 Stat. 4830, related to funding for State dam safety programs, prior to repeal by Pub. L. 104–303, title II, § 215(c)(2), , 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.
Amendments2002–2022 · 4 rounds
2022
Subsec. (f)(9). Pub. L. 117–286 substituted “chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text.
2014
Pub. L. 113–121, § 3001(a)(1), substituted “Administrator” for “Director” wherever appearing.
Subsec. (c)(4). Pub. L. 113–121, § 3001(c)(1), added par. (4) and struck out former par. (4) which read as follows: “develop and encourage public awareness projects to increase public acceptance and support of State dam safety programs;”.
Subsec. (f)(4). Pub. L. 113–121, § 3001(c)(2), inserted “, representatives from nongovernmental organizations,” after “State agencies”.
2006
Subsec. (b)(1). Pub. L. 109–460, § 1(c)(1), substituted “performance measures, and target dates toward effectively administering this subchapter in order to” for “and target dates to”.
Subsec. (e)(2)(A). Pub. L. 109–460, § 1(c)(2)(A), struck out “substantially” after “to include” in introductory provisions.
Subsec. (e)(2)(A)(iv) to (vi). Pub. L. 109–460, § 1(c)(2)(B), (C), added cl. (iv) and redesignated former cls. (iv) and (v) as (v) and (vi), respectively. Former cl. (vi) redesignated (vii).
Subsec. (e)(2)(A)(vii). Pub. L. 109–460, § 1(c)(2)(B), (D), redesignated cl. (vi) as (vii) and inserted “install and monitor instrumentation,” after “remedial work,”. Former cl. (vii) redesignated (viii).
Subsec. (e)(2)(A)(viii) to (xi). Pub. L. 109–460, § 1(c)(2)(B), redesignated cls. (vii) to (x) as (viii) to (xi), respectively.
2002
Subsec. (a)(3)(B). Pub. L. 107–310, § 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, § 3(a)(2), substituted “subsection (e)” for “subsection (f)”.
Subsec. (b). Pub. L. 107–310, § 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 , develop the implementation plan described in subsection (e) of this section;
“(2) not later than 300 days after , 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 —
“(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, § 3(c), added par. (7).
Subsec. (d)(3)(A). Pub. L. 107–310, § 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, § 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, § 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, § 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, § 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, § 3(f)(2)(B)(ii), inserted “improve security,” before “revise operating procedures,”.
Subsec. (e)(3). Pub. L. 107–310, § 3(f)(3), substituted “agreement” for “contract” in two places.
Subsec. (f). Pub. L. 107–310, § 3(e)(1), redesignated subsec. (h) as (f). Former subsec. (f) redesignated (e).
Subsec. (f)(1). Pub. L. 107–310, § 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, § 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, § 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, § 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, § 3(g)(3)(A), redesignated par. (4) as (7).
Subsec. (f)(8). Pub. L. 107–310, § 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, § 3(g)(3)(A), redesignated par. (5) as (8).
Subsec. (f)(9). Pub. L. 107–310, § 3(g)(3)(A), redesignated par. (6) as (9).
Subsec. (g). Pub. L. 107–310, § 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, § 3(e)(1), redesignated subsec. (h) as (f).
Statutory Notes and Related Subsidiaries
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 , as modified, set out as a note under section 542 of Title 6.
Credits
1996–2022 · 5 acts
- 1996Pub. L. 92–367, § 8, as added Pub. L. 104–303, title II, § 215(c)(8), , 110 Stat. 3688
- 2002amended Pub. L. 107–310, § 3(a)–(e)(1), (f), (g), , 116 Stat. 2450, 2451
- 2006Pub. L. 109–460, § 1(c), , 120 Stat. 3401
- 2014Pub. L. 113–121, title III, § 3001(a)(1), (c), , 128 Stat. 1282
- 2022Pub. L. 117–286, § 4(a)(198), , 136 Stat. 4327.
Show as published
(Pub. L. 92–367, § 8, as added Pub. L. 104–303, title II, § 215(c)(8), , 110 Stat. 3688; amended Pub. L. 107–310, § 3(a)–(e)(1), (f), (g), , 116 Stat. 2450, 2451; Pub. L. 109–460, § 1(c), , 120 Stat. 3401; Pub. L. 113–121, title III, § 3001(a)(1), (c), , 128 Stat. 1282; Pub. L. 117–286, § 4(a)(198), , 136 Stat. 4327.)