33 U.S.C. § 467: Definitions

Summary

Defines key words used in the national dam safety program. It gives short meanings for terms people will see in the law. Administrator means the head of FEMA. Board means the National Dam Safety Review Board. Dam means an artificial barrier that holds water or other liquid and is either at least 25 feet tall (measured from the stream bed or the lowest outside point to the max water level) or can hold 50 acre-feet or more. Dam does not include a levee, or a barrier 6 feet or less tall, or one that holds 15 acre-feet or less, unless the Administrator finds it likely to be a serious threat to people or property if it fails. Eligible high hazard potential dam means a non-Federal dam in a State with a State dam safety program that the State calls “high hazard potential,” has an approved or state-law-compliant emergency action plan, fails the State’s minimum safety rules, and is judged by the Administrator (with the Board) to pose an unacceptable risk. Excluded from that are licensed hydropower dams over 1.5 megawatts and dams built under the Secretary of Agriculture. Federal agency means any federal agency that works on or regulates dams. Federal Guidelines for Dam Safety means FEMA publication No. 93, June 1979. FEMA means the Federal Emergency Management Agency. Hazard reduction means cutting the possible harm to life and property from a dam failure. ICODS means the Interagency Committee on Dam Safety. Eligible subrecipient for certain projects means a government or nonprofit organization. Program means the national dam safety program. Rehabilitation means repair, replacement, rebuilding, or removal to meet State safety and security rules. State lists the 50 States, DC, Puerto Rico, Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and other U.S. territories. State dam safety agency means the State agency that regulates non-Federal dams. State dam safety program means a State program approved and helped under section 467f(e). Underserved community means a place with fewer than 50,000 people and a median household income under 80 percent of the State median. United States, geographically, means all the States.

Title 33, §467

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In this subchapter, the following definitions apply:

(1)Administrator (2) Board

The term “Administrator” means the Administrator of the Federal Emergency Management Agency.

(3)Dam

The term “dam”—

(A)means any artificial barrier that has the ability to impound water, wastewater, or any liquid-borne material, for the purpose of storage or control of water, that—

(i)is 25 feet or more in height from—

(I)the natural bed of the stream channel or watercourse measured at the downstream toe of the barrier; or

(II)if the barrier is not across a stream channel or watercourse, from the lowest elevation of the outside limit of the barrier;

to the maximum water storage elevation; or (ii)

(B)does not include—

(i)a levee; or

(ii)a barrier described in subparagraph (A) that—

(I)is 6 feet or less in height regardless of storage capacity; or

(II)has a storage capacity at the maximum water storage elevation that is 15 acre-feet or less regardless of height;

unless the barrier, because of the location of the barrier or another physical characteristic of the barrier, is likely to pose a significant threat to human life or property if the barrier fails (as determined by the Administrator).

(4)Eligible high hazard potential dam

(A)In general

The term “eligible high hazard potential dam” means a non-Federal dam that—

(i)is located in a State with a State dam safety program;

(ii)is classified as “high hazard potential” by the State dam safety agency in the State in which the dam is located;

(iii)has an emergency action plan that—

(I)is approved by the relevant State dam safety agency; or

(II)is in conformance with State law and pending approval by the relevant State dam safety agency;

(iv)fails to meet minimum dam safety standards of the State in which the dam is located, as determined by the State; and

(v)poses an unacceptable risk to the public, as determined by the Administrator, in consultation with the Board.

(B)Exclusion

The term “eligible high hazard potential dam” does not include—

(i)a licensed hydroelectric dam under a hydropower project with an authorized installed capacity of greater than 1.5 megawatts; or

(ii)a dam built under the authority of the Secretary of Agriculture.

(5)Federal agency

The term “Federal agency” means a Federal agency that designs, finances, constructs, owns, operates, maintains, or regulates the construction, operation, or maintenance of a dam.

(6)Federal Guidelines for Dam Safety

The term “Federal Guidelines for Dam Safety” means the FEMA publication, numbered 93 and dated June 1979, that defines management practices for dam safety at all Federal agencies.

(7)FEMA

The term “FEMA” means the Federal Emergency Management Agency.

(8)Hazard reduction

The term “hazard reduction” means the reduction in the potential consequences to life and property of dam failure.

(9)ICODS

The term “ICODS” means the Interagency Committee on Dam Safety established by section 467e of this title.

(10)Eligible subrecipient

The term “eligible subrecipient”, in the case of a project receiving assistance under section 467f–2 of this title, includes—

(A)a governmental organization; and

(B)a nonprofit organization.

(11)Program

The term “Program” means the national dam safety program established under section 467f of this title.

(12)Rehabilitation

The term “rehabilitation” means the repair, replacement, reconstruction, or removal of a dam that is carried out to meet applicable State dam safety and security standards.

(13)State

The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.

(14)State dam safety agency

The term “State dam safety agency” means a State agency that has regulatory authority over the safety of non-Federal dams.

(15)State dam safety program

The term “State dam safety program” means a State dam safety program approved and assisted under section 467f(e) of this title.

(16)Underserved community

The term “underserved community” means a community with a population of less than 50,000 that has a median household income of less than 80 percent of the statewide median household income.

(17)United States

The term “United States”, when used in a geographical sense, means all of the States.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 467, Pub. L. 92–367, § 1, Aug. 8, 1972, 86 Stat. 506; Pub. 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 Pub. L. 104–303, § 215(c)(1). A prior section 2 of Pub. L. 92–367 was renumbered section 3 by section 215(c)(3) of Pub. L. 104–303 and is classified to section 467a of this title.

Amendments

2025—Pars. (16), (17). Pub. L. 118–272 added par. (16) and redesignated former par. (16) as (17). 2020—Par. (4)(A)(iii). Pub. 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). Pub. 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). Pub. 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). Pub. 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). Pub. L. 114–322, § 5006(a)(2), added par. (4). Former par. (4) redesignated (5). Pars. (5) to (9). Pub. L. 114–322, § 5006(a)(1), redesignated pars. (4) to (8) as (5) to (9), respectively. Former par. (9) redesignated (11). Par. (10). Pub. L. 114–322, § 5006(a)(3), added par. (10). Former par. (10) redesignated (13). Par. (11). Pub. L. 114–322, § 5006(a)(1), redesignated par. (9) as (11). Former par. (11) redesignated (14). Par. (12). Pub. L. 114–322, § 5006(a)(4), added par. (12). Former par. (12) redesignated (15). Pars. (13) to (16). Pub. L. 114–322, § 5006(a)(1), redesignated pars. (10) to (13) as (13) to (16), respectively. 2014—Pub. L. 113–121, § 3001(a)(1), substituted “Administrator” for “Director” wherever appearing. Par. (1). Pub. L. 113–121, § 3001(a)(2)(C), added par. (1). Former par. (1) redesignated (2). Par. (2). Pub. L. 113–121, § 3001(a)(2)(B), redesignated par. (1) as (2). Former par. (2) redesignated (3). Par. (3). Pub. 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). Pub. L. 107–310, § 3(e)(2)(A), substituted “section 467f(f)” for “section 467f(h)”. Par. (12). Pub. 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 Pub. L. 109–460, § 1(a), Dec. 22, 2006, 120 Stat. 3401, provided that: “This section [amending section 467d, 467f, and 467j of this title] may be cited as the ‘Dam Safety Act of 2006’.”

Short Title

of 2002 Amendment Pub. 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 Pub. 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 section 467a and 467b of this title] may be cited as the ‘Dam Safety Act of 1986’.”

Short Title

Pub. L. 92–367, § 1, as added by Pub. 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 section 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 Pub. 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 section 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 Pub. L. 104–303, title II, § 215(b), 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 section 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.”

§467 Definitions

Summary

Title 33, §467

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Short Title

Short Title

Short Title

Short Title

Transfer of Functions

Transfer of Functions

Amendments

Citations & Metadata