Title 54National Park Service and Related ProgramsRelease 119-73

§312505 Notice of dam construction

Title 54 › Subtitle Subtitle III— - National Preservation Programs › Chapter CHAPTER 3125— - PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA › § 312505

Last updated Apr 6, 2026|Official source

Summary

A federal agency must send a written notice to the Secretary before it builds a dam or gives a private person or company a license to build one. The notice must say where the dam would be and give the approximate area that would be flooded or otherwise changed. If the dam would be a flood-control dam with less than 5,000 acre-feet of detention capacity, or any dam that would create a reservoir under 40 surface acres, the notice rule only applies when the agency’s early surveys find or someone shows evidence that historic or archaeological materials exist or might be in the proposed reservoir area.

Full Legal Text

Title 54, §312505

National Park Service and Related Programs — Source: USLM XML via OLRC

(a)Before any Federal agency undertakes the construction of a dam, or issues a license to any private individual or corporation for the construction of a dam, it shall give written notice to the Secretary setting forth the site of the proposed dam and the approximate area to be flooded and otherwise changed if construction is undertaken.
(b)With respect to any flood water retarding dam that provides fewer than 5,000 acre-feet of detention capacity, and with respect to any other type of dam that creates a reservoir of fewer than 40 surface acres, this section shall apply only when the constructing agency, in its preliminary surveys, finds or is presented with evidence that historical or archeological materials exist or may be present in the proposed reservoir area.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 31250516 U.S.C. 469a.Pub. L. 86–523, § 2, formerly § 2(a), June 27, 1960, 74 Stat. 220, renumbered as § 2 and amended Pub. L. 93–291, § 1(2), (5), May 24, 1974, 88 Stat. 174, 175. In subsection (a), the words “Federal agency” are substituted for “agency of the United States” for consistency in the revised title and with other titles of the United States Code.

Reference

Citations & Metadata

Citation

54 U.S.C. § 312505

Title 54National Park Service and Related Programs

Last Updated

Apr 6, 2026

Release point: 119-73