54 U.S.C. § 312505: Notice of dam construction

Summary

Agencies must notify the Secretary in writing before building or licensing a dam, naming the site and estimating the area that will be flooded or otherwise changed. For flood-retarding dams under 5,000 acre-feet, or any reservoir under 40 surface acres, that notice is needed only if early surveys or other evidence suggest historical or archaeological materials may be present.

Title 54, §312505

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(a)In General.—

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)Dams With Certain Detention Capacity or Reservoir.—

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.

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.

§312505 Notice of Dam Construction

Summary

Title 54, §312505

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata