33 U.S.C. § 467a: Inspection of dams

Summary

The Secretary of the Army, using the Chief of Engineers, must start and run a national program to inspect dams as soon as possible to protect people and property. All U.S. dams must be inspected except four kinds: those managed by the Bureau of Reclamation, the Tennessee Valley Authority, or the International Boundary and Water Commission; dams built under licenses from the Federal Power Act; dams a State agency inspected in the 12 months before August 8, 1972, if the State’s Governor asks to exclude them; and dams the Secretary decides pose no threat. The Secretary may inspect Federal Power Act–licensed dams if the Federal Energy Regulatory Commission asks, and may inspect IBWC dams if that Commission asks. If a State dam safety agency asks about a dam whose failure could affect the State, the head of any federal agency must either give the State information on the dam’s design, operation, upkeep, condition, or emergency plans, or let a State official take part in the federal inspection.

Title 33, §467a

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)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 August 8, 1972, 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.

(b)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—

(1)provide information to the State dam safety agency on the construction, operation, maintenance, condition, or provisions for emergency operations of the dam; or

(2)allow any official of the State dam safety agency to participate in the Federal inspection of the dam.

Notes & Related Subsidiaries

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.

Amendments

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), Aug. 4, 1977, 91 Stat. 583, which is classified to section 7172(a)(1)(A) of Title 42, The Public Health and Welfare.

§467a Inspection of Dams