33 U.S.C. § 467d: National inventory of dams…

Summary

Requires the Secretary of the Army to keep and update a national list of dams and low-head dams in the United States. The list must include inspection information from Federal, State, or Tribal agencies. For low-head dams, it must record the location, owner, description, current use, condition, height, length, public safety issues, and other relevant facts. The Secretary must work with Federal and State agencies, Tribal governments, and other groups and use data they provide. The list must be public, including on a website, and include safety information about low-head dam dangers and a directory of financial and technical help to reduce hazards and help fish passage. The Secretary may not take actions about a low-head dam that the law does not specifically allow. A low-head dam is a river-wide man-made barrier that spans a stream, backs up water, and has a drop of at least 6 inches and no more than 25 feet.

Title 33, §467d

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)In general

The Secretary of the Army shall maintain and update information on the inventory of dams and low-head dams in the United States.

(b)Dams

The inventory maintained under subsection (a) shall include any available information assessing each dam based on inspections completed by a Federal agency, a State dam safety agency, or a Tribal government.

(c)Low-head dams

The inventory maintained under subsection (a) shall include—

(1)the location, ownership, description, current use, condition, height, and length of each low-head dam;

(2)any information on public safety conditions at each low-head dam; and

(3)any other relevant information concerning low-head dams.

(d)Data

In carrying out this section, the Secretary shall—

(1)coordinate with Federal and State agencies, Tribal governments, and other relevant entities; and

(2)use data provided to the Secretary by those agencies and entities.

(e)Public availability

The Secretary shall make the inventory maintained under subsection (a) publicly available (including on a publicly available website), including—

(1)public safety information on the dangers of low-head dams; and

(2)a directory of financial and technical assistance resources available to reduce safety hazards and fish passage barriers at low-head dams.

(f)Clarification

Nothing in this section provides authority to the Secretary to carry out an activity, with respect to a low-head dam, that is not explicitly authorized under this section.

(g)Low-head dam defined

In this section, the term “low-head dam” means a river-wide artificial barrier that generally spans a stream channel, blocking the waterway and creating a backup of water behind the barrier, with a drop off over the wall of not less than 6 inches and not more than 25 feet.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 467d, Pub. L. 92–367, § 5, Aug. 8, 1972, 86 Stat. 507, directed Secretary report to Congress on or before July 1, 1974, on activities under this subchapter, including in report an inventory of dams in the United States, a review of each inspection made, recommendations to State Governors and implementation of those recommendations, recommendations for comprehensive national program for inspection and safety regulation, and recommendations on responsibilities which should be assumed by Federal, State, and local governments and by public and private interests, prior to repeal by Pub. L. 104–303, title II, § 215(c)(2), Oct. 12, 1996, 110 Stat. 3685. A prior section 6 of Pub. L. 92–367 was classified to section 467e of this title prior to repeal by Pub. L. 104–303.

Amendments

2025—Pub. L. 118–272 amended section generally. Prior to amendment, text of section read as follows: “The Secretary of the Army shall maintain and update information on the inventory of dams in the United States. Such inventory of dams shall include any available information assessing each dam based on inspections completed by either a Federal agency or a State dam safety agency.” 2006—Pub. L. 109–460 amended section generally. Prior to amendment, section read as follows: “The Secretary of the Army, acting through the Chief of Engineers, may maintain and periodically publish updated information on the inventory of dams in the United States.”

§467d National Inventory of Dams and Low-head Dams