§467. Definitions — Inbound Citations

33 U.S.C. § 467

Cited by 281 provisions in release 119-102.

Citations to 33 U.S.C. § 467 as a whole

25 U.S.C. § 3802(2)

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(2) The term “dam” has the same meaning given such term by section 467 of title 33.
25 U.S.C. § 3805(a)(1)(A)

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(A) The term “dam” has the meaning given the term in section 467 of title 33.

Citations to §467(1)

33 U.S.C. § 467e(a)(2)

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(2) chaired by the Administrator.
33 U.S.C. § 467f(a)

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(a) The Administrator, in consultation with ICODS and State dam safety agencies, and the Board shall establish and maintain, in accordance with this section, a coordinated national dam safety program. The Program shall—

(1) be administered by FEMA to achieve the objectives set forth in subsection (c);

(2) involve, to the extent appropriate, each Federal agency; and

(3) include—

(A) each of the components described in subsection (d);

(B) the strategic plan described in subsection (b); and

(C) assistance for State dam safety programs described in subsection (e).
33 U.S.C. § 467f(b)

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(b) The Administrator shall prepare a strategic plan—

(1) to establish goals, priorities, performance measures, and target dates toward effectively administering this subchapter in order to improve the safety of dams in the United States; and

(2) to the extent feasible, to establish cooperation and coordination with, and assistance to, interested governmental entities in all States.
33 U.S.C. § 467f(e)(1)

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(1) To encourage the establishment and maintenance of effective State programs intended to ensure dam safety, to protect human life and property, and to improve State dam safety programs, the Administrator shall provide assistance with amounts made available under section 467j¹ of this title to assist States in establishing, maintaining, and improving dam safety programs in accordance with the criteria specified in paragraph (2).
33 U.S.C. § 467f(e)(3)

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(3) The Administrator shall enter into a² agreement with each State receiving assistance under paragraph (2) to develop a work plan necessary for the State dam safety program to reach a level of program performance specified in the agreement.
33 U.S.C. § 467f(e)(4)

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(4) Assistance may not be provided to a State under this subsection for a fiscal year unless the State enters into such agreement with the Administrator as the Administrator requires to ensure that the State will maintain the aggregate expenditures of the State from all other sources for programs to ensure dam safety for the protection of human life and property at or above a level equal to the average annual level of such expenditures for the 2 fiscal years preceding the fiscal year.
33 U.S.C. § 467f(e)(5)(A)

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(A) For a State to be eligible for assistance under this subsection, a plan for a State dam safety program shall be submitted to the Administrator for approval.
33 U.S.C. § 467f(e)(5)(B)

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(B) A State dam safety program shall be deemed to be approved 120 days after the date of receipt by the Administrator unless the Administrator determines within the 120-day period that the State dam safety program fails to meet the requirements of paragraphs (1) through (3).
33 U.S.C. § 467f(e)(5)(C)

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(C) If the Administrator determines that a State dam safety program does not meet the requirements for approval, the Administrator shall immediately notify the State in writing and provide the reasons for the determination and the changes that are necessary for the plan to be approved.
33 U.S.C. § 467f(e)(6)

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(6) Using the expertise of the Board, the Administrator shall periodically review State dam safety programs. If the Board finds that a State dam safety program has proven inadequate to reasonably protect human life and property and the Administrator concurs, the Administrator shall revoke approval of the State dam safety program, and withhold assistance under this subsection, until the State dam safety program again meets the requirements for approval.
33 U.S.C. § 467f(f)(1)

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(1) The Administrator shall establish an advisory board to be known as the “National Dam Safety Review Board” to monitor the safety of dams in the United States, to monitor State implementation of this section, and to advise the Administrator on national dam safety policy.
33 U.S.C. § 467f(f)(3)

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(3) The Board shall consist of 11 voting members selected by the Administrator for expertise in dam safety, of whom—

(A) 1 member shall represent the Department of Agriculture;

(B) 1 member shall represent the Department of Defense;

(C) 1 member shall represent the Department of the Interior;

(D) 1 member shall represent FEMA;

(E) 1 member shall represent the Federal Energy Regulatory Commission;

(F) 5 members shall be selected by the Administrator from among State dam safety officials; and

(G) 1 member shall be selected by the Administrator to represent the private sector.
33 U.S.C. § 467f(f)(3)(F)

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(F) 5 members shall be selected by the Administrator from among State dam safety officials; and
33 U.S.C. § 467f(f)(3)(G)

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(G) 1 member shall be selected by the Administrator to represent the private sector.
33 U.S.C. § 467f(f)(4)

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(4) The Administrator, in consultation with the Board, may invite a representative of the National Laboratories of the Department of Energy and may invite representatives from Federal or State agencies, representatives from nongovernmental organizations, or dam safety experts, as needed, to participate in meetings of the Board.
33 U.S.C. § 467f(f)(6)

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(6) The Administrator may establish work groups under the Board to assist the Board in accomplishing its goals. The work groups shall consist of members of the Board and other individuals selected by the Administrator.
33 U.S.C. § 467f–2(a)

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(a) The Administrator shall establish, within FEMA, a program to provide technical, planning, design, and construction assistance in the form of grants to States with dam safety programs for rehabilitation of eligible high hazard potential dams.
33 U.S.C. § 467f–2(c)(1)(A)

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(A) A State interested in receiving a grant under this section may submit to the Administrator an application for the grant.
33 U.S.C. § 467f–2(c)(1)(B)

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(B) An application submitted to the Administrator under this section shall be submitted at such time, be in such form, and contain such information as the Administrator may prescribe by regulation.
33 U.S.C. § 467f–2(c)(2)(A)

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(A) The Administrator may make a grant in accordance with this section for rehabilitation of eligible high hazard potential dams to a State that submits an application for the grant in accordance with the regulations prescribed by the Administrator.
33 U.S.C. § 467f–2(c)(2)(B)

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(B) The Administrator shall enter into a grant agreement with the State to establish the terms of the grant and the projects for which the grant is awarded, including the amount of the grant.
33 U.S.C. § 467f–2(c)(2)(C)

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(C) As part of a grant agreement under subparagraph (B), the Administrator shall require that each eligible subrecipient to which the State awards a grant under this section provides an assurance from the dam owner, with respect to the dam to be rehabilitated, that the dam owner will carry out a plan for maintenance of the dam during the expected life of the dam.
33 U.S.C. § 467f–2(d)(2)(B)

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(B) beginning not later than 2 years after the date on which the Administrator publishes criteria for hazard mitigation plans under paragraph (3), demonstrate that the Tribal or local government with jurisdiction over the area in which the dam is located has in place a hazard mitigation plan that—

(i) includes all dam risks; and

(ii) complies with the Disaster Mitigation Act of 2000 (Public Law 106–390; 114 Stat. 1552);
33 U.S.C. § 467f–2(d)(2)(D)

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(D) comply with such minimum eligibility requirements as the Administrator may establish to ensure that each owner and operator of a dam under a participating State dam safety program and that receives assistance under this section—

(i) acts in accordance with the State dam safety program; and

(ii) carries out activities relating to the public in the area around the dam in accordance with the hazard mitigation plan described in subparagraph (B); and
33 U.S.C. § 467f–2(d)(2)(E)

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(E) comply with section 5196(j)(9) of title 42 (as in effect on December 16, 2016) with respect to projects receiving assistance under this section in the same manner as recipients are required to comply in order to receive financial contributions from the Administrator for emergency preparedness purposes.
33 U.S.C. § 467f–2(d)(3)

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(3) Not later than 1 year after December 27, 2020, the Administrator, in consultation with the Board, shall publish criteria for hazard mitigation plans required under paragraph (2)(B).
33 U.S.C. § 467f–2(e)(2)

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(2) In the case of a plan for a removal, the Administrator may not impose any additional requirements or conditions other than the requirements in paragraph (1)(A).
33 U.S.C. § 467f–2(e)(4)

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(4) The Administrator, in consultation with the Board, shall provide criteria, and may provide technical support, for the development and implementation of floodplain management plans prepared under this subsection.
33 U.S.C. § 467f–2(f)

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(f) The Administrator, in consultation with the Board, shall develop a risk-based priority system for use in identifying eligible high hazard potential dams for which grants may be made under this section.
33 U.S.C. § 467g(a)

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(a) The Administrator, in cooperation with the Board, shall carry out a program of technical and archival research to develop and support—

(1) improved techniques, historical experience, and equipment for rapid and effective dam construction, rehabilitation, and inspection;

(2) devices for the continued monitoring of the safety of dams;

(3) development and maintenance of information resources systems needed to support managing the safety of dams; and

(4) initiatives to guide the formulation of effective public policy and advance improvements in dam safety engineering, security, and management.
33 U.S.C. § 467g(b)

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(b) The Administrator shall provide for State participation in research under subsection (a) and periodically advise all States and Congress of the results of the research.
33 U.S.C. § 467g–1

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At the request of any State that has or intends to develop a State dam safety program, the Administrator shall provide training for State dam safety staff and inspectors.
33 U.S.C. § 467g–2

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The Administrator, in consultation with other Federal agencies, State and local governments, dam owners, the emergency management community, the private sector, nongovernmental organizations and associations, institutions of higher education, and any other appropriate entities shall, subject to the availability of appropriations, carry out a nationwide public awareness and outreach initiative to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents.
33 U.S.C. § 467h

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Not later than 90 days after the end of each odd-numbered fiscal year, the Administrator shall submit a report to Congress that—
33 U.S.C. § 467h(4)

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(4) includes any recommendations for legislative and other action that the Administrator considers necessary.
33 U.S.C. § 467j(a)(2)(C)

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(C) The Administrator and the Board shall determine the amount allocated to States.

Citations to §467(2)

33 U.S.C. § 467f(a)

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(a) The Administrator, in consultation with ICODS and State dam safety agencies, and the Board shall establish and maintain, in accordance with this section, a coordinated national dam safety program. The Program shall—

(1) be administered by FEMA to achieve the objectives set forth in subsection (c);

(2) involve, to the extent appropriate, each Federal agency; and

(3) include—

(A) each of the components described in subsection (d);

(B) the strategic plan described in subsection (b); and

(C) assistance for State dam safety programs described in subsection (e).
33 U.S.C. § 467f(d)(3)(A)

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(A) The leadership activity shall be the responsibility of FEMA and shall be exercised by chairing the Board to coordinate national efforts to improve the safety of the dams in the United States.
33 U.S.C. § 467f(e)(6)

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(6) Using the expertise of the Board, the Administrator shall periodically review State dam safety programs. If the Board finds that a State dam safety program has proven inadequate to reasonably protect human life and property and the Administrator concurs, the Administrator shall revoke approval of the State dam safety program, and withhold assistance under this subsection, until the State dam safety program again meets the requirements for approval.
33 U.S.C. § 467f(f)(1)

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(1) The Administrator shall establish an advisory board to be known as the “National Dam Safety Review Board” to monitor the safety of dams in the United States, to monitor State implementation of this section, and to advise the Administrator on national dam safety policy.
33 U.S.C. § 467f(f)(2)

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(2) The Board may use the expertise of Federal agencies and enter into contracts for necessary studies to carry out this section.
33 U.S.C. § 467f(f)(3)

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(3) The Board shall consist of 11 voting members selected by the Administrator for expertise in dam safety, of whom—

(A) 1 member shall represent the Department of Agriculture;

(B) 1 member shall represent the Department of Defense;

(C) 1 member shall represent the Department of the Interior;

(D) 1 member shall represent FEMA;

(E) 1 member shall represent the Federal Energy Regulatory Commission;

(F) 5 members shall be selected by the Administrator from among State dam safety officials; and

(G) 1 member shall be selected by the Administrator to represent the private sector.
33 U.S.C. § 467f(f)(4)

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(4) The Administrator, in consultation with the Board, may invite a representative of the National Laboratories of the Department of Energy and may invite representatives from Federal or State agencies, representatives from nongovernmental organizations, or dam safety experts, as needed, to participate in meetings of the Board.
33 U.S.C. § 467f(f)(5)(A)

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(A) The Board shall encourage the establishment and maintenance of effective programs, policies, and guidelines to enhance dam safety for the protection of human life and property throughout the United States.
33 U.S.C. § 467f(f)(5)(B)

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(B) In carrying out subparagraph (A), the Board shall encourage coordination and information exchange among Federal and State dam safety agencies that share common problems and responsibilities for dam safety, including planning, design, construction, operation, emergency action planning, inspections, maintenance, regulation or licensing, technical or financial assistance, research, and data management.
33 U.S.C. § 467f(f)(6)

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(6) The Administrator may establish work groups under the Board to assist the Board in accomplishing its goals. The work groups shall consist of members of the Board and other individuals selected by the Administrator.
33 U.S.C. § 467f(f)(7)(A)

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(A) Each member of the Board who is an officer or employee of the United States shall serve without compensation in addition to compensation received for the services of the member as an officer or employee of the United States.
33 U.S.C. § 467f(f)(7)(B)

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(B) Each member of the Board who is not an officer or employee of the United States shall serve without compensation.
33 U.S.C. § 467f(f)(8)(A)

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(A) To the extent amounts are made available in advance in appropriations Acts, each member of the Board who represents a Federal agency shall be reimbursed of appropriations for travel expenses by his or her agency, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from the home or regular place of business of the member in the performance of services for the Board.
33 U.S.C. § 467f(f)(8)(B)

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(B) To the extent amounts are made available in advance in appropriations Acts, each member of the Board who represents a State agency, the member of the Board who represents the private sector, and each member of a work group created under paragraph (1) shall be reimbursed for travel expenses by FEMA, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from home or regular place of business of the member in performance of services for the Board.
33 U.S.C. § 467f(f)(9)

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(9) Chapter 10 of title 5 shall not apply to the Board.
33 U.S.C. § 467f–2(d)(3)

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(3) Not later than 1 year after December 27, 2020, the Administrator, in consultation with the Board, shall publish criteria for hazard mitigation plans required under paragraph (2)(B).
33 U.S.C. § 467f–2(e)(4)

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(4) The Administrator, in consultation with the Board, shall provide criteria, and may provide technical support, for the development and implementation of floodplain management plans prepared under this subsection.
33 U.S.C. § 467f–2(f)

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(f) The Administrator, in consultation with the Board, shall develop a risk-based priority system for use in identifying eligible high hazard potential dams for which grants may be made under this section.
33 U.S.C. § 467g(a)

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(a) The Administrator, in cooperation with the Board, shall carry out a program of technical and archival research to develop and support—

(1) improved techniques, historical experience, and equipment for rapid and effective dam construction, rehabilitation, and inspection;

(2) devices for the continued monitoring of the safety of dams;

(3) development and maintenance of information resources systems needed to support managing the safety of dams; and

(4) initiatives to guide the formulation of effective public policy and advance improvements in dam safety engineering, security, and management.
33 U.S.C. § 467j(a)(2)(C)

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(C) The Administrator and the Board shall determine the amount allocated to States.

Citations to §467(3)

33 U.S.C. § 467a(a)

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(a) 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.
33 U.S.C. § 467a(b)

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(b) 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.
33 U.S.C. § 467a(b)(1)

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(1) provide information to the State dam safety agency on the construction, operation, maintenance, condition, or provisions for emergency operations of the dam; or
33 U.S.C. § 467a(b)(2)

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(2) allow any official of the State dam safety agency to participate in the Federal inspection of the dam.
33 U.S.C. § 467b

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As soon as practicable after inspection of a dam, the Secretary shall notify the Governor of the State in which such dam is located the results of such investigation. In any case in which any hazardous conditions are found during an inspection, upon request by the owner, the Secretary, acting through the Chief of Engineers, may perform detailed engineering studies to determine the structural integrity of the dam, subject to reimbursement of such expense by the owner of such dam. The Secretary shall immediately notify the Governor of any hazardous conditions found during an inspection. The Secretary shall provide advice to the Governor, upon request, relating to timely remedial measures necessary to mitigate or obviate any hazardous conditions found during an inspection.
33 U.S.C. § 467c

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For the purpose of determining whether a dam (including the waters impounded by such dam) constitutes a danger to human life or property, the Secretary shall take into consideration the possibility that the dam might be endangered by overtopping, seepage, settlement, erosion, sediment, cracking, earth movement, earthquakes, failure of bulkheads, flashboard, gates on conduits, or other conditions which exist or which might occur in any area in the vicinity of the dam.
33 U.S.C. § 467d(a)

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(a) The Secretary of the Army shall maintain and update information on the inventory of dams and low-head dams in the United States.
33 U.S.C. § 467d(b)

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(b) 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.
33 U.S.C. § 467d(c)(1)

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(1) the location, ownership, description, current use, condition, height, and length of each low-head dam;
33 U.S.C. § 467d(c)(2)

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(2) any information on public safety conditions at each low-head dam; and
33 U.S.C. § 467d(c)(3)

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(3) any other relevant information concerning low-head dams.
33 U.S.C. § 467d(e)(1)

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(1) public safety information on the dangers of low-head dams; and
33 U.S.C. § 467d(e)(2)

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(2) a directory of financial and technical assistance resources available to reduce safety hazards and fish passage barriers at low-head dams.
33 U.S.C. § 467d(f)

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(f) 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.
33 U.S.C. § 467d(g)

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(g) 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.
33 U.S.C. § 467e(a)

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(a) There is established an Interagency Committee on Dam Safety—

(1) comprised of a representative of each of the Department of Agriculture, the Department of Defense, the Department of Energy, the Department of the Interior, the Department of Labor, FEMA, the Federal Energy Regulatory Commission, the Nuclear Regulatory Commission, the Tennessee Valley Authority, and the United States Section of the International Boundary Commission; and

(2) chaired by the Administrator.
33 U.S.C. § 467e(b)

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(b) ICODS shall encourage the establishment and maintenance of effective Federal programs, policies, and guidelines intended to enhance dam safety for the protection of human life and property through coordination and information exchange among Federal agencies concerning implementation of the Federal Guidelines for Dam Safety.
33 U.S.C. § 467f(a)

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(a) The Administrator, in consultation with ICODS and State dam safety agencies, and the Board shall establish and maintain, in accordance with this section, a coordinated national dam safety program. The Program shall—

(1) be administered by FEMA to achieve the objectives set forth in subsection (c);

(2) involve, to the extent appropriate, each Federal agency; and

(3) include—

(A) each of the components described in subsection (d);

(B) the strategic plan described in subsection (b); and

(C) assistance for State dam safety programs described in subsection (e).
33 U.S.C. § 467f(b)(1)

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(1) to establish goals, priorities, performance measures, and target dates toward effectively administering this subchapter in order to improve the safety of dams in the United States; and
33 U.S.C. § 467f(c)(1)

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(1) ensure that new and existing dams are safe through the development of technologically and economically feasible programs and procedures for national dam safety hazard reduction;
33 U.S.C. § 467f(c)(2)

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(2) encourage acceptable engineering policies and procedures to be used for dam site investigation, design, construction, operation and maintenance, and emergency preparedness;
33 U.S.C. § 467f(c)(3)

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(3) encourage the establishment and implementation of effective dam safety programs in each State based on State standards;
33 U.S.C. § 467f(c)(4)

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(4) develop and implement a comprehensive dam safety hazard education and public awareness initiative to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents;
33 U.S.C. § 467f(c)(5)

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(5) develop technical assistance materials for Federal and non-Federal dam safety programs;
33 U.S.C. § 467f(c)(6)

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(6) develop mechanisms with which to provide Federal technical assistance for dam safety to the non-Federal sector; and
33 U.S.C. § 467f(c)(7)

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(7) develop technical assistance materials, seminars, and guidelines to improve security for dams in the United States.
33 U.S.C. § 467f(d)(2)(B)(i)

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(i) the activities and practices carried out by States, local governments, and the private sector to safely build, regulate, operate, and maintain dams; and
33 U.S.C. § 467f(d)(2)(B)(ii)

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(ii) Federal activities that foster State efforts to develop and implement effective programs for the safety of dams.
33 U.S.C. § 467f(d)(3)(A)

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(A) The leadership activity shall be the responsibility of FEMA and shall be exercised by chairing the Board to coordinate national efforts to improve the safety of the dams in the United States.
33 U.S.C. § 467f(d)(3)(C)

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(C) The public awareness activity shall provide for the education of the public, including State and local officials, in the hazards of dam failure, methods of reducing the adverse consequences of dam failure, and related matters.
33 U.S.C. § 467f(e)(1)

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(1) To encourage the establishment and maintenance of effective State programs intended to ensure dam safety, to protect human life and property, and to improve State dam safety programs, the Administrator shall provide assistance with amounts made available under section 467j¹ of this title to assist States in establishing, maintaining, and improving dam safety programs in accordance with the criteria specified in paragraph (2).
33 U.S.C. § 467f(e)(2)(A)(i)

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(i) the authority to review and approve plans and specifications to construct, enlarge, modify, remove, and abandon dams;
33 U.S.C. § 467f(e)(2)(A)(ii)

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(ii) the authority to perform periodic inspections during dam construction to ensure compliance with approved plans and specifications;
33 U.S.C. § 467f(e)(2)(A)(iii)

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(iii) a requirement that, on completion of dam construction, State approval must be given before operation of the dam;
33 U.S.C. § 467f(e)(2)(A)(iv)

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(iv) the authority to require or perform periodic evaluations of all dams and reservoirs to determine the extent of the threat to human life and property in case of failure;
33 U.S.C. § 467f(e)(2)(A)(ix)(I)

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(I) to ensure timely repairs or other changes to, or removal of, a dam in order to protect human life and property; and
33 U.S.C. § 467f(e)(2)(A)(ix)(II)

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(II) if the owner of the dam does not take action described in subclause (I), to take appropriate action as expeditiously as practicable;
33 U.S.C. § 467f(e)(2)(A)(v)(I)

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(I) the authority to require or perform the inspection, at least once every 5 years, of all dams and reservoirs that would pose a significant threat to human life and property in case of failure to determine the continued safety of the dams and reservoirs; and
33 U.S.C. § 467f(e)(2)(A)(vi)

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(vi) a requirement that all inspections be performed under the supervision of a State-registered professional engineer with related experience in dam design and construction;
33 U.S.C. § 467f(e)(2)(A)(vii)

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(vii) the authority to issue notices, when appropriate, to require owners of dams to perform necessary maintenance or remedial work, install and monitor instrumentation, improve security, revise operating procedures, or take other actions, including breaching dams when necessary;
33 U.S.C. § 467f(e)(2)(A)(x)

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(x) a system of emergency procedures to be used if a dam fails or if the failure of a dam is imminent; and
33 U.S.C. § 467f(e)(2)(A)(xi)(I)

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(I) each dam the failure of which could be reasonably expected to endanger human life;
33 U.S.C. § 467f(e)(2)(A)(xi)(II)

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(II) the maximum area that could be flooded if the dam failed; and
33 U.S.C. § 467f(e)(4)

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(4) Assistance may not be provided to a State under this subsection for a fiscal year unless the State enters into such agreement with the Administrator as the Administrator requires to ensure that the State will maintain the aggregate expenditures of the State from all other sources for programs to ensure dam safety for the protection of human life and property at or above a level equal to the average annual level of such expenditures for the 2 fiscal years preceding the fiscal year.
33 U.S.C. § 467f(f)(1)

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(1) The Administrator shall establish an advisory board to be known as the “National Dam Safety Review Board” to monitor the safety of dams in the United States, to monitor State implementation of this section, and to advise the Administrator on national dam safety policy.
33 U.S.C. § 467f(f)(3)

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(3) The Board shall consist of 11 voting members selected by the Administrator for expertise in dam safety, of whom—

(A) 1 member shall represent the Department of Agriculture;

(B) 1 member shall represent the Department of Defense;

(C) 1 member shall represent the Department of the Interior;

(D) 1 member shall represent FEMA;

(E) 1 member shall represent the Federal Energy Regulatory Commission;

(F) 5 members shall be selected by the Administrator from among State dam safety officials; and

(G) 1 member shall be selected by the Administrator to represent the private sector.
33 U.S.C. § 467f(f)(3)(F)

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(F) 5 members shall be selected by the Administrator from among State dam safety officials; and
33 U.S.C. § 467f(f)(4)

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(4) The Administrator, in consultation with the Board, may invite a representative of the National Laboratories of the Department of Energy and may invite representatives from Federal or State agencies, representatives from nongovernmental organizations, or dam safety experts, as needed, to participate in meetings of the Board.
33 U.S.C. § 467f(f)(5)(A)

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(A) The Board shall encourage the establishment and maintenance of effective programs, policies, and guidelines to enhance dam safety for the protection of human life and property throughout the United States.
33 U.S.C. § 467f(f)(5)(B)

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(B) In carrying out subparagraph (A), the Board shall encourage coordination and information exchange among Federal and State dam safety agencies that share common problems and responsibilities for dam safety, including planning, design, construction, operation, emergency action planning, inspections, maintenance, regulation or licensing, technical or financial assistance, research, and data management.
33 U.S.C. § 467f–1(a)

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(a) The Secretary, in consultation with the Federal Emergency Management Agency, the Tennessee Valley Authority, and the Coast Guard, shall develop standards for the security of locks and dams, including the testing and certification of vessel exclusion barriers.
33 U.S.C. § 467f–1(b)

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(b) At the request of a lock or dam owner, the Secretary shall provide technical assistance, on a reimbursable basis, to improve lock or dam security.
33 U.S.C. § 467f–2(a)

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(a) The Administrator shall establish, within FEMA, a program to provide technical, planning, design, and construction assistance in the form of grants to States with dam safety programs for rehabilitation of eligible high hazard potential dams.
33 U.S.C. § 467f–2(c)(2)(C)

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(C) As part of a grant agreement under subparagraph (B), the Administrator shall require that each eligible subrecipient to which the State awards a grant under this section provides an assurance from the dam owner, with respect to the dam to be rehabilitated, that the dam owner will carry out a plan for maintenance of the dam during the expected life of the dam.
33 U.S.C. § 467f–2(c)(2)(D)

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(D) A State may not award a grant to an eligible subrecipient under this section that exceeds, for any 1 dam, the lesser of—

(i) 12.5 percent of the total amount of funds made available to carry out this section; or

(ii) $7,500,000.
33 U.S.C. § 467f–2(d)(2)

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(2) To receive a grant under this section, an eligible subrecipient shall, with respect to the dam to be rehabilitated by the eligible subrecipient—

(A) demonstrate that the community in which the dam is located participates in, and complies with, all applicable Federal flood insurance programs, including demonstrating that such community is participating in the National Flood Insurance Program, and is not on probation, suspended, or withdrawn from such Program;

(B) beginning not later than 2 years after the date on which the Administrator publishes criteria for hazard mitigation plans under paragraph (3), demonstrate that the Tribal or local government with jurisdiction over the area in which the dam is located has in place a hazard mitigation plan that—

(i) includes all dam risks; and

(ii) complies with the Disaster Mitigation Act of 2000 (Public Law 106–390; 114 Stat. 1552);

(C) for a project not including removal, obtain a commitment from the dam owner to provide operation and maintenance of the project for the expected life of the dam following completion of rehabilitation;

(D) comply with such minimum eligibility requirements as the Administrator may establish to ensure that each owner and operator of a dam under a participating State dam safety program and that receives assistance under this section—

(i) acts in accordance with the State dam safety program; and

(ii) carries out activities relating to the public in the area around the dam in accordance with the hazard mitigation plan described in subparagraph (B); and

(E) comply with section 5196(j)(9) of title 42 (as in effect on December 16, 2016) with respect to projects receiving assistance under this section in the same manner as recipients are required to comply in order to receive financial contributions from the Administrator for emergency preparedness purposes.
33 U.S.C. § 467f–2(d)(2)(A)

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(A) demonstrate that the community in which the dam is located participates in, and complies with, all applicable Federal flood insurance programs, including demonstrating that such community is participating in the National Flood Insurance Program, and is not on probation, suspended, or withdrawn from such Program;
33 U.S.C. § 467f–2(d)(2)(B)

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(B) beginning not later than 2 years after the date on which the Administrator publishes criteria for hazard mitigation plans under paragraph (3), demonstrate that the Tribal or local government with jurisdiction over the area in which the dam is located has in place a hazard mitigation plan that—

(i) includes all dam risks; and

(ii) complies with the Disaster Mitigation Act of 2000 (Public Law 106–390; 114 Stat. 1552);
33 U.S.C. § 467f–2(d)(2)(B)(i)

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(i) includes all dam risks; and
33 U.S.C. § 467f–2(d)(2)(C)

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(C) for a project not including removal, obtain a commitment from the dam owner to provide operation and maintenance of the project for the expected life of the dam following completion of rehabilitation;
33 U.S.C. § 467f–2(d)(2)(D)

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(D) comply with such minimum eligibility requirements as the Administrator may establish to ensure that each owner and operator of a dam under a participating State dam safety program and that receives assistance under this section—

(i) acts in accordance with the State dam safety program; and

(ii) carries out activities relating to the public in the area around the dam in accordance with the hazard mitigation plan described in subparagraph (B); and
33 U.S.C. § 467f–2(d)(2)(D)(ii)

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(ii) carries out activities relating to the public in the area around the dam in accordance with the hazard mitigation plan described in subparagraph (B); and
33 U.S.C. § 467f–2(e)(1)

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(1) As a condition of receipt of assistance under this section, an eligible subrecipient shall demonstrate that a floodplain management plan to reduce the impacts of future flood events from a controlled or uncontrolled release from the dam or management of water levels in the area impacted by the dam—

(A) for a removal—

(i) is in place; and

(ii) identifies areas that would be impacted by the removal of the dam and includes a communication and outreach plan for the project and the impact of the project on the affected communities; or

(B) for a project not including removal—

(i) is in place; or

(ii) will be—

(I) developed not later than 2 years after the date of execution of a project agreement for assistance under this section; and

(II) implemented not later than 2 years after the date of completion of construction of the project.
33 U.S.C. § 467f–2(e)(1)(A)(ii)

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(ii) identifies areas that would be impacted by the removal of the dam and includes a communication and outreach plan for the project and the impact of the project on the affected communities; or
33 U.S.C. § 467f–2(e)(3)(A)

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(A) potential measures, practices, and policies to reduce loss of life, injuries, damage to property and facilities, public expenditures, and other adverse impacts of flooding in the area protected or impacted by the dam;
33 U.S.C. § 467f–2(h)(1)

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(1) to rehabilitate a Federal dam;
33 U.S.C. § 467f–2(h)(2)

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(2) to perform routine operation or maintenance of a dam;
33 U.S.C. § 467f–2(h)(3)

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(3) to modify a dam to produce hydroelectric power;
33 U.S.C. § 467f–2(h)(5)

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(5) to make any other modification to a dam that does not also improve the safety of the dam.
33 U.S.C. § 467g(a)(1)

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(1) improved techniques, historical experience, and equipment for rapid and effective dam construction, rehabilitation, and inspection;
33 U.S.C. § 467g(a)(2)

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(2) devices for the continued monitoring of the safety of dams;
33 U.S.C. § 467g(a)(3)

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(3) development and maintenance of information resources systems needed to support managing the safety of dams; and
33 U.S.C. § 467g(a)(4)

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(4) initiatives to guide the formulation of effective public policy and advance improvements in dam safety engineering, security, and management.
33 U.S.C. § 467g–1

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At the request of any State that has or intends to develop a State dam safety program, the Administrator shall provide training for State dam safety staff and inspectors.
33 U.S.C. § 467g–2

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The Administrator, in consultation with other Federal agencies, State and local governments, dam owners, the emergency management community, the private sector, nongovernmental organizations and associations, institutions of higher education, and any other appropriate entities shall, subject to the availability of appropriations, carry out a nationwide public awareness and outreach initiative to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents.
33 U.S.C. § 467h(3)

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(3) describes the progress achieved in dam safety by States participating in the Program; and
33 U.S.C. § 467i(2)

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(2) relieve an owner or operator of a dam of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam; or
33 U.S.C. § 467j(a)(2)(A)(ii)(I)

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(I) the number of dams in the State that are listed as State-regulated dams on the inventory of dams and low-head dams maintained under section 467d of this title; as compared to
33 U.S.C. § 467j(a)(2)(A)(ii)(II)

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(II) the number of dams in all States that are listed as State-regulated dams on the inventory of dams and low-head dams maintained under section 467d of this title.
33 U.S.C. § 467j(a)(2)(B)

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(B) The amount of funds allocated to a State under this paragraph for a fiscal year may not exceed the amount that is equal to 4 times the amount of funds committed by the State to implement dam safety activities for that fiscal year.
33 U.S.C. § 467j(g)

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(g) Amounts made available under this subchapter may not be used to construct or repair any Federal or non-Federal dam.
33 U.S.C. § 467n(a)

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(a) After November 17, 1986, costs incurred in the modification by the Secretary of dams and related facilities constructed or operated by the Secretary, the cause of which results from new hydrologic or seismic data or changes in state-of-the-art design or construction criteria deemed necessary for safety purposes, shall be recovered in accordance with the provisions in this subsection:

(1) Fifteen percent of the modification costs shall be assigned to project purposes in accordance with the cost allocation in effect for the project at the time the work is initiated. Non-Federal interests shall share the costs assigned to each purpose in accord with the cost sharing in effect at the time of initial project construction: Provided, That the Secretary of the Interior shall recover costs assigned to irrigation in accordance with repayment provisions of Public Law 98–404.

(2) Repayment under this subsection, with the exception of costs assigned to irrigation, may be made, with interest, over a period of not more than thirty years from the date of completion of the work. The interest rate used shall be determined by the Secretary of the Treasury, taking into consideration average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the applicable reimbursable period during the month preceding the fiscal year in which the costs are incurred, plus a premium of one-eighth of one percentage point for transaction costs. To the extent that more than one interest rate is determined pursuant to the preceding sentence, the Secretary of the Treasury shall establish an interest rate at the weighted average of the rates so determined.

Citations to §467(4)(A)

33 U.S.C. § 467f–2(a)

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(a) The Administrator shall establish, within FEMA, a program to provide technical, planning, design, and construction assistance in the form of grants to States with dam safety programs for rehabilitation of eligible high hazard potential dams.
33 U.S.C. § 467f–2(b)(3)

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(3) any other structural or nonstructural measures to rehabilitate an eligible high hazard potential dam.
33 U.S.C. § 467f–2(c)(2)(A)

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(A) The Administrator may make a grant in accordance with this section for rehabilitation of eligible high hazard potential dams to a State that submits an application for the grant in accordance with the regulations prescribed by the Administrator.
33 U.S.C. § 467f–2(f)

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(f) The Administrator, in consultation with the Board, shall develop a risk-based priority system for use in identifying eligible high hazard potential dams for which grants may be made under this section.
33 U.S.C. § 467f–2(g)(2)(B)(i)

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(i) the number of eligible high hazard potential dams in the State; bears to
33 U.S.C. § 467f–2(g)(2)(B)(ii)

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(ii) the number of eligible high hazard potential dams in all such States.

Citations to §467(5)

33 U.S.C. § 467a(b)

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(b) 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.
33 U.S.C. § 467d(b)

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(b) 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.
33 U.S.C. § 467e(b)

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(b) ICODS shall encourage the establishment and maintenance of effective Federal programs, policies, and guidelines intended to enhance dam safety for the protection of human life and property through coordination and information exchange among Federal agencies concerning implementation of the Federal Guidelines for Dam Safety.
33 U.S.C. § 467f(a)(2)

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(2) involve, to the extent appropriate, each Federal agency; and
33 U.S.C. § 467f(d)(2)(A)

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(A) The Federal element shall incorporate the activities and practices carried out by Federal agencies under section 467e of this title to implement the Federal Guidelines for Dam Safety.
33 U.S.C. § 467f(f)(2)

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(2) The Board may use the expertise of Federal agencies and enter into contracts for necessary studies to carry out this section.
33 U.S.C. § 467f(f)(8)(A)

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(A) To the extent amounts are made available in advance in appropriations Acts, each member of the Board who represents a Federal agency shall be reimbursed of appropriations for travel expenses by his or her agency, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from the home or regular place of business of the member in the performance of services for the Board.
33 U.S.C. § 467g–2

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The Administrator, in consultation with other Federal agencies, State and local governments, dam owners, the emergency management community, the private sector, nongovernmental organizations and associations, institutions of higher education, and any other appropriate entities shall, subject to the availability of appropriations, carry out a nationwide public awareness and outreach initiative to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents.
33 U.S.C. § 467h(2)

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(2) describes the progress achieved by Federal agencies during the 2 preceding fiscal years in implementing the Federal Guidelines for Dam Safety;

Citations to §467(6)

33 U.S.C. § 467e(b)

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(b) ICODS shall encourage the establishment and maintenance of effective Federal programs, policies, and guidelines intended to enhance dam safety for the protection of human life and property through coordination and information exchange among Federal agencies concerning implementation of the Federal Guidelines for Dam Safety.
33 U.S.C. § 467f(d)(2)(A)

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(A) The Federal element shall incorporate the activities and practices carried out by Federal agencies under section 467e of this title to implement the Federal Guidelines for Dam Safety.
33 U.S.C. § 467h(2)

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(2) describes the progress achieved by Federal agencies during the 2 preceding fiscal years in implementing the Federal Guidelines for Dam Safety;

Citations to §467(7)

33 U.S.C. § 467e(a)(1)

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(1) comprised of a representative of each of the Department of Agriculture, the Department of Defense, the Department of Energy, the Department of the Interior, the Department of Labor, FEMA, the Federal Energy Regulatory Commission, the Nuclear Regulatory Commission, the Tennessee Valley Authority, and the United States Section of the International Boundary Commission; and
33 U.S.C. § 467f(a)(1)

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(1) be administered by FEMA to achieve the objectives set forth in subsection (c);
33 U.S.C. § 467f(d)(3)(A)

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(A) The leadership activity shall be the responsibility of FEMA and shall be exercised by chairing the Board to coordinate national efforts to improve the safety of the dams in the United States.
33 U.S.C. § 467f(f)(3)(D)

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(D) 1 member shall represent FEMA;
33 U.S.C. § 467f(f)(8)(B)

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(B) To the extent amounts are made available in advance in appropriations Acts, each member of the Board who represents a State agency, the member of the Board who represents the private sector, and each member of a work group created under paragraph (1) shall be reimbursed for travel expenses by FEMA, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from home or regular place of business of the member in performance of services for the Board.
33 U.S.C. § 467f–2(a)

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(a) The Administrator shall establish, within FEMA, a program to provide technical, planning, design, and construction assistance in the form of grants to States with dam safety programs for rehabilitation of eligible high hazard potential dams.
33 U.S.C. § 467j(a)(1)

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(1) There are authorized to be appropriated to FEMA to carry out sections 467e, 467f, and 467h of this title (in addition to any amounts made available for similar purposes included in any other Act and amounts made available under subsections (b) through (e)), $9,200,000 for each of fiscal years 2019 through 2028, to remain available until expended.
33 U.S.C. § 467j(f)

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(f) There is authorized to be appropriated to FEMA for the employment of such additional staff personnel as are necessary to carry out sections 467f through 467g–1 of this title $1,000,000 for each of fiscal years 2019 through 2028.

Citations to §467(8)

33 U.S.C. § 467f(c)(1)

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(1) ensure that new and existing dams are safe through the development of technologically and economically feasible programs and procedures for national dam safety hazard reduction;

Citations to §467(9)

33 U.S.C. § 467e(b)

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(b) ICODS shall encourage the establishment and maintenance of effective Federal programs, policies, and guidelines intended to enhance dam safety for the protection of human life and property through coordination and information exchange among Federal agencies concerning implementation of the Federal Guidelines for Dam Safety.
33 U.S.C. § 467f(a)

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(a) The Administrator, in consultation with ICODS and State dam safety agencies, and the Board shall establish and maintain, in accordance with this section, a coordinated national dam safety program. The Program shall—

(1) be administered by FEMA to achieve the objectives set forth in subsection (c);

(2) involve, to the extent appropriate, each Federal agency; and

(3) include—

(A) each of the components described in subsection (d);

(B) the strategic plan described in subsection (b); and

(C) assistance for State dam safety programs described in subsection (e).

Citations to §467(10)

33 U.S.C. § 467f–2(b)

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(b) A grant awarded under this section to a State may be used by the State to award grants to eligible subrecipients for—

(1) repair;

(2) removal; or

(3) any other structural or nonstructural measures to rehabilitate an eligible high hazard potential dam.
33 U.S.C. § 467f–2(c)(2)(C)

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(C) As part of a grant agreement under subparagraph (B), the Administrator shall require that each eligible subrecipient to which the State awards a grant under this section provides an assurance from the dam owner, with respect to the dam to be rehabilitated, that the dam owner will carry out a plan for maintenance of the dam during the expected life of the dam.
33 U.S.C. § 467f–2(c)(2)(D)

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(D) A State may not award a grant to an eligible subrecipient under this section that exceeds, for any 1 dam, the lesser of—

(i) 12.5 percent of the total amount of funds made available to carry out this section; or

(ii) $7,500,000.
33 U.S.C. § 467f–2(d)(1)

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(1) A grant awarded under this section to an eligible subrecipient for a project shall be approved by the relevant State dam safety agency.
33 U.S.C. § 467f–2(d)(2)

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(2) To receive a grant under this section, an eligible subrecipient shall, with respect to the dam to be rehabilitated by the eligible subrecipient—

(A) demonstrate that the community in which the dam is located participates in, and complies with, all applicable Federal flood insurance programs, including demonstrating that such community is participating in the National Flood Insurance Program, and is not on probation, suspended, or withdrawn from such Program;

(B) beginning not later than 2 years after the date on which the Administrator publishes criteria for hazard mitigation plans under paragraph (3), demonstrate that the Tribal or local government with jurisdiction over the area in which the dam is located has in place a hazard mitigation plan that—

(i) includes all dam risks; and

(ii) complies with the Disaster Mitigation Act of 2000 (Public Law 106–390; 114 Stat. 1552);

(C) for a project not including removal, obtain a commitment from the dam owner to provide operation and maintenance of the project for the expected life of the dam following completion of rehabilitation;

(D) comply with such minimum eligibility requirements as the Administrator may establish to ensure that each owner and operator of a dam under a participating State dam safety program and that receives assistance under this section—

(i) acts in accordance with the State dam safety program; and

(ii) carries out activities relating to the public in the area around the dam in accordance with the hazard mitigation plan described in subparagraph (B); and

(E) comply with section 5196(j)(9) of title 42 (as in effect on December 16, 2016) with respect to projects receiving assistance under this section in the same manner as recipients are required to comply in order to receive financial contributions from the Administrator for emergency preparedness purposes.
33 U.S.C. § 467f–2(e)(1)

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(1) As a condition of receipt of assistance under this section, an eligible subrecipient shall demonstrate that a floodplain management plan to reduce the impacts of future flood events from a controlled or uncontrolled release from the dam or management of water levels in the area impacted by the dam—

(A) for a removal—

(i) is in place; and

(ii) identifies areas that would be impacted by the removal of the dam and includes a communication and outreach plan for the project and the impact of the project on the affected communities; or

(B) for a project not including removal—

(i) is in place; or

(ii) will be—

(I) developed not later than 2 years after the date of execution of a project agreement for assistance under this section; and

(II) implemented not later than 2 years after the date of completion of construction of the project.
33 U.S.C. § 467f–2(i)(1)

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(1) Subject to paragraph (2), as a condition on the receipt of a grant under this section of an amount greater than $1,000,000, an eligible subrecipient that receives the grant shall require that each contract and subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, and related services entered into using funds from the grant be awarded in the same manner as a contract for architectural and engineering services is awarded under—

(A) chapter 11 of title 40; or

(B) an equivalent qualifications-based requirement prescribed by the relevant State.

Citations to §467(11)

33 U.S.C. § 467a(a)

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(a) 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.
33 U.S.C. § 467e(b)

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(b) ICODS shall encourage the establishment and maintenance of effective Federal programs, policies, and guidelines intended to enhance dam safety for the protection of human life and property through coordination and information exchange among Federal agencies concerning implementation of the Federal Guidelines for Dam Safety.
33 U.S.C. § 467f(a)

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(a) The Administrator, in consultation with ICODS and State dam safety agencies, and the Board shall establish and maintain, in accordance with this section, a coordinated national dam safety program. The Program shall—

(1) be administered by FEMA to achieve the objectives set forth in subsection (c);

(2) involve, to the extent appropriate, each Federal agency; and

(3) include—

(A) each of the components described in subsection (d);

(B) the strategic plan described in subsection (b); and

(C) assistance for State dam safety programs described in subsection (e).
33 U.S.C. § 467f(c)

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(c) The objectives of the Program are to—

(1) ensure that new and existing dams are safe through the development of technologically and economically feasible programs and procedures for national dam safety hazard reduction;

(2) encourage acceptable engineering policies and procedures to be used for dam site investigation, design, construction, operation and maintenance, and emergency preparedness;

(3) encourage the establishment and implementation of effective dam safety programs in each State based on State standards;

(4) develop and implement a comprehensive dam safety hazard education and public awareness initiative to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents;

(5) develop technical assistance materials for Federal and non-Federal dam safety programs;

(6) develop mechanisms with which to provide Federal technical assistance for dam safety to the non-Federal sector; and

(7) develop technical assistance materials, seminars, and guidelines to improve security for dams in the United States.
33 U.S.C. § 467f(c)(1)

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(1) ensure that new and existing dams are safe through the development of technologically and economically feasible programs and procedures for national dam safety hazard reduction;
33 U.S.C. § 467f(c)(3)

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(3) encourage the establishment and implementation of effective dam safety programs in each State based on State standards;
33 U.S.C. § 467f(c)(5)

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(5) develop technical assistance materials for Federal and non-Federal dam safety programs;
33 U.S.C. § 467f(d)(1)

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(1) The Program shall consist of—

(A) a Federal element and a non-Federal element; and

(B) leadership activity, technical assistance activity, and public awareness activity.
33 U.S.C. § 467f(d)(2)(B)(ii)

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(ii) Federal activities that foster State efforts to develop and implement effective programs for the safety of dams.
33 U.S.C. § 467f(e)(1)

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(1) To encourage the establishment and maintenance of effective State programs intended to ensure dam safety, to protect human life and property, and to improve State dam safety programs, the Administrator shall provide assistance with amounts made available under section 467j¹ of this title to assist States in establishing, maintaining, and improving dam safety programs in accordance with the criteria specified in paragraph (2).
33 U.S.C. § 467f(e)(3)

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(3) The Administrator shall enter into a² agreement with each State receiving assistance under paragraph (2) to develop a work plan necessary for the State dam safety program to reach a level of program performance specified in the agreement.
33 U.S.C. § 467f(e)(4)

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(4) Assistance may not be provided to a State under this subsection for a fiscal year unless the State enters into such agreement with the Administrator as the Administrator requires to ensure that the State will maintain the aggregate expenditures of the State from all other sources for programs to ensure dam safety for the protection of human life and property at or above a level equal to the average annual level of such expenditures for the 2 fiscal years preceding the fiscal year.
33 U.S.C. § 467f(f)(5)(A)

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(A) The Board shall encourage the establishment and maintenance of effective programs, policies, and guidelines to enhance dam safety for the protection of human life and property throughout the United States.
33 U.S.C. § 467f–2(a)

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(a) The Administrator shall establish, within FEMA, a program to provide technical, planning, design, and construction assistance in the form of grants to States with dam safety programs for rehabilitation of eligible high hazard potential dams.
33 U.S.C. § 467f–2(d)(2)(A)

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(A) demonstrate that the community in which the dam is located participates in, and complies with, all applicable Federal flood insurance programs, including demonstrating that such community is participating in the National Flood Insurance Program, and is not on probation, suspended, or withdrawn from such Program;
33 U.S.C. § 467f–2(i)(1)

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(1) Subject to paragraph (2), as a condition on the receipt of a grant under this section of an amount greater than $1,000,000, an eligible subrecipient that receives the grant shall require that each contract and subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, and related services entered into using funds from the grant be awarded in the same manner as a contract for architectural and engineering services is awarded under—

(A) chapter 11 of title 40; or

(B) an equivalent qualifications-based requirement prescribed by the relevant State.
33 U.S.C. § 467g(a)

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(a) The Administrator, in cooperation with the Board, shall carry out a program of technical and archival research to develop and support—

(1) improved techniques, historical experience, and equipment for rapid and effective dam construction, rehabilitation, and inspection;

(2) devices for the continued monitoring of the safety of dams;

(3) development and maintenance of information resources systems needed to support managing the safety of dams; and

(4) initiatives to guide the formulation of effective public policy and advance improvements in dam safety engineering, security, and management.
33 U.S.C. § 467h(1)

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(1) describes the status of the Program;
33 U.S.C. § 467h(3)

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(3) describes the progress achieved in dam safety by States participating in the Program; and

Citations to §467(12)

33 U.S.C. § 467f–2(a)

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(a) The Administrator shall establish, within FEMA, a program to provide technical, planning, design, and construction assistance in the form of grants to States with dam safety programs for rehabilitation of eligible high hazard potential dams.
33 U.S.C. § 467f–2(c)(2)(A)

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(A) The Administrator may make a grant in accordance with this section for rehabilitation of eligible high hazard potential dams to a State that submits an application for the grant in accordance with the regulations prescribed by the Administrator.
33 U.S.C. § 467f–2(d)(2)(C)

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(C) for a project not including removal, obtain a commitment from the dam owner to provide operation and maintenance of the project for the expected life of the dam following completion of rehabilitation;
33 U.S.C. § 467g(a)(1)

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(1) improved techniques, historical experience, and equipment for rapid and effective dam construction, rehabilitation, and inspection;

Citations to §467(13)

33 U.S.C. § 467a(a)

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(a) 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.
33 U.S.C. § 467a(b)

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(b) 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.
33 U.S.C. § 467b

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As soon as practicable after inspection of a dam, the Secretary shall notify the Governor of the State in which such dam is located the results of such investigation. In any case in which any hazardous conditions are found during an inspection, upon request by the owner, the Secretary, acting through the Chief of Engineers, may perform detailed engineering studies to determine the structural integrity of the dam, subject to reimbursement of such expense by the owner of such dam. The Secretary shall immediately notify the Governor of any hazardous conditions found during an inspection. The Secretary shall provide advice to the Governor, upon request, relating to timely remedial measures necessary to mitigate or obviate any hazardous conditions found during an inspection.
33 U.S.C. § 467d(d)(1)

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(1) coordinate with Federal and State agencies, Tribal governments, and other relevant entities; and
33 U.S.C. § 467f(b)(2)

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(2) to the extent feasible, to establish cooperation and coordination with, and assistance to, interested governmental entities in all States.
33 U.S.C. § 467f(c)(3)

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(3) encourage the establishment and implementation of effective dam safety programs in each State based on State standards;
33 U.S.C. § 467f(d)(2)(B)(i)

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(i) the activities and practices carried out by States, local governments, and the private sector to safely build, regulate, operate, and maintain dams; and
33 U.S.C. § 467f(d)(2)(B)(ii)

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(ii) Federal activities that foster State efforts to develop and implement effective programs for the safety of dams.
33 U.S.C. § 467f(d)(3)(C)

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(C) The public awareness activity shall provide for the education of the public, including State and local officials, in the hazards of dam failure, methods of reducing the adverse consequences of dam failure, and related matters.
33 U.S.C. § 467f(e)(1)

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(1) To encourage the establishment and maintenance of effective State programs intended to ensure dam safety, to protect human life and property, and to improve State dam safety programs, the Administrator shall provide assistance with amounts made available under section 467j¹ of this title to assist States in establishing, maintaining, and improving dam safety programs in accordance with the criteria specified in paragraph (2).
33 U.S.C. § 467f(e)(2)

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(2) For a State to be eligible for assistance under this subsection, a State dam safety program must be working toward meeting the following criteria and budgeting requirement:

(A) A State dam safety program must be authorized by State legislation to include, at a minimum—

(i) the authority to review and approve plans and specifications to construct, enlarge, modify, remove, and abandon dams;

(ii) the authority to perform periodic inspections during dam construction to ensure compliance with approved plans and specifications;

(iii) a requirement that, on completion of dam construction, State approval must be given before operation of the dam;

(iv) the authority to require or perform periodic evaluations of all dams and reservoirs to determine the extent of the threat to human life and property in case of failure;

(I) the authority to require or perform the inspection, at least once every 5 years, of all dams and reservoirs that would pose a significant threat to human life and property in case of failure to determine the continued safety of the dams and reservoirs; and

(II) a procedure for more detailed and frequent safety inspections;

(vi) a requirement that all inspections be performed under the supervision of a State-registered professional engineer with related experience in dam design and construction;

(vii) the authority to issue notices, when appropriate, to require owners of dams to perform necessary maintenance or remedial work, install and monitor instrumentation, improve security, revise operating procedures, or take other actions, including breaching dams when necessary;

(viii) regulations for carrying out the legislation of the State described in this subparagraph;

(ix) provision for necessary funds—

(I) to ensure timely repairs or other changes to, or removal of, a dam in order to protect human life and property; and

(II) if the owner of the dam does not take action described in subclause (I), to take appropriate action as expeditiously as practicable;

(x) a system of emergency procedures to be used if a dam fails or if the failure of a dam is imminent; and

(xi) an identification of—

(I) each dam the failure of which could be reasonably expected to endanger human life;

(II) the maximum area that could be flooded if the dam failed; and

(III) necessary public facilities that would be affected by the flooding.

(B) For a State to be eligible for assistance under this subsection, State appropriations must be budgeted to carry out the legislation of the State under subparagraph (A).
33 U.S.C. § 467f(e)(2)(A)

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(A) A State dam safety program must be authorized by State legislation to include, at a minimum—

(i) the authority to review and approve plans and specifications to construct, enlarge, modify, remove, and abandon dams;

(ii) the authority to perform periodic inspections during dam construction to ensure compliance with approved plans and specifications;

(iii) a requirement that, on completion of dam construction, State approval must be given before operation of the dam;

(iv) the authority to require or perform periodic evaluations of all dams and reservoirs to determine the extent of the threat to human life and property in case of failure;

(I) the authority to require or perform the inspection, at least once every 5 years, of all dams and reservoirs that would pose a significant threat to human life and property in case of failure to determine the continued safety of the dams and reservoirs; and

(II) a procedure for more detailed and frequent safety inspections;

(vi) a requirement that all inspections be performed under the supervision of a State-registered professional engineer with related experience in dam design and construction;

(vii) the authority to issue notices, when appropriate, to require owners of dams to perform necessary maintenance or remedial work, install and monitor instrumentation, improve security, revise operating procedures, or take other actions, including breaching dams when necessary;

(viii) regulations for carrying out the legislation of the State described in this subparagraph;

(ix) provision for necessary funds—

(I) to ensure timely repairs or other changes to, or removal of, a dam in order to protect human life and property; and

(II) if the owner of the dam does not take action described in subclause (I), to take appropriate action as expeditiously as practicable;

(x) a system of emergency procedures to be used if a dam fails or if the failure of a dam is imminent; and

(xi) an identification of—

(I) each dam the failure of which could be reasonably expected to endanger human life;

(II) the maximum area that could be flooded if the dam failed; and

(III) necessary public facilities that would be affected by the flooding.
33 U.S.C. § 467f(e)(2)(A)(iii)

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(iii) a requirement that, on completion of dam construction, State approval must be given before operation of the dam;
33 U.S.C. § 467f(e)(2)(A)(vi)

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(vi) a requirement that all inspections be performed under the supervision of a State-registered professional engineer with related experience in dam design and construction;
33 U.S.C. § 467f(e)(2)(A)(viii)

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(viii) regulations for carrying out the legislation of the State described in this subparagraph;
33 U.S.C. § 467f(e)(2)(B)

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(B) For a State to be eligible for assistance under this subsection, State appropriations must be budgeted to carry out the legislation of the State under subparagraph (A).
33 U.S.C. § 467f(e)(3)

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(3) The Administrator shall enter into a² agreement with each State receiving assistance under paragraph (2) to develop a work plan necessary for the State dam safety program to reach a level of program performance specified in the agreement.
33 U.S.C. § 467f(e)(4)

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(4) Assistance may not be provided to a State under this subsection for a fiscal year unless the State enters into such agreement with the Administrator as the Administrator requires to ensure that the State will maintain the aggregate expenditures of the State from all other sources for programs to ensure dam safety for the protection of human life and property at or above a level equal to the average annual level of such expenditures for the 2 fiscal years preceding the fiscal year.
33 U.S.C. § 467f(e)(5)(A)

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(A) For a State to be eligible for assistance under this subsection, a plan for a State dam safety program shall be submitted to the Administrator for approval.
33 U.S.C. § 467f(e)(5)(C)

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(C) If the Administrator determines that a State dam safety program does not meet the requirements for approval, the Administrator shall immediately notify the State in writing and provide the reasons for the determination and the changes that are necessary for the plan to be approved.
33 U.S.C. § 467f(f)(1)

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(1) The Administrator shall establish an advisory board to be known as the “National Dam Safety Review Board” to monitor the safety of dams in the United States, to monitor State implementation of this section, and to advise the Administrator on national dam safety policy.
33 U.S.C. § 467f(f)(3)(F)

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(F) 5 members shall be selected by the Administrator from among State dam safety officials; and
33 U.S.C. § 467f(f)(4)

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(4) The Administrator, in consultation with the Board, may invite a representative of the National Laboratories of the Department of Energy and may invite representatives from Federal or State agencies, representatives from nongovernmental organizations, or dam safety experts, as needed, to participate in meetings of the Board.
33 U.S.C. § 467f(f)(8)(B)

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(B) To the extent amounts are made available in advance in appropriations Acts, each member of the Board who represents a State agency, the member of the Board who represents the private sector, and each member of a work group created under paragraph (1) shall be reimbursed for travel expenses by FEMA, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from home or regular place of business of the member in performance of services for the Board.
33 U.S.C. § 467f–2(a)

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(a) The Administrator shall establish, within FEMA, a program to provide technical, planning, design, and construction assistance in the form of grants to States with dam safety programs for rehabilitation of eligible high hazard potential dams.
33 U.S.C. § 467f–2(b)

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(b) A grant awarded under this section to a State may be used by the State to award grants to eligible subrecipients for—

(1) repair;

(2) removal; or

(3) any other structural or nonstructural measures to rehabilitate an eligible high hazard potential dam.
33 U.S.C. § 467f–2(c)(1)(A)

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(A) A State interested in receiving a grant under this section may submit to the Administrator an application for the grant.
33 U.S.C. § 467f–2(c)(2)(A)

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(A) The Administrator may make a grant in accordance with this section for rehabilitation of eligible high hazard potential dams to a State that submits an application for the grant in accordance with the regulations prescribed by the Administrator.
33 U.S.C. § 467f–2(c)(2)(B)

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(B) The Administrator shall enter into a grant agreement with the State to establish the terms of the grant and the projects for which the grant is awarded, including the amount of the grant.
33 U.S.C. § 467f–2(c)(2)(C)

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(C) As part of a grant agreement under subparagraph (B), the Administrator shall require that each eligible subrecipient to which the State awards a grant under this section provides an assurance from the dam owner, with respect to the dam to be rehabilitated, that the dam owner will carry out a plan for maintenance of the dam during the expected life of the dam.
33 U.S.C. § 467f–2(c)(2)(D)

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(D) A State may not award a grant to an eligible subrecipient under this section that exceeds, for any 1 dam, the lesser of—

(i) 12.5 percent of the total amount of funds made available to carry out this section; or

(ii) $7,500,000.
33 U.S.C. § 467f–2(g)(2)(A)

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(A) ⅓ shall be distributed equally among the States in which the projects for which applications are submitted under subsection (c)(1) are located.
33 U.S.C. § 467f–2(g)(2)(B)

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(B) ⅔ shall be distributed among the States in which the projects for which applications are submitted under subsection (c)(1) are located based on the proportion that—

(i) the number of eligible high hazard potential dams in the State; bears to

(ii) the number of eligible high hazard potential dams in all such States.
33 U.S.C. § 467f–2(g)(2)(B)(i)

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(i) the number of eligible high hazard potential dams in the State; bears to
33 U.S.C. § 467f–2(g)(2)(B)(ii)

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(ii) the number of eligible high hazard potential dams in all such States.
33 U.S.C. § 467f–2(i)(1)(B)

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(B) an equivalent qualifications-based requirement prescribed by the relevant State.
33 U.S.C. § 467g(b)

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(b) The Administrator shall provide for State participation in research under subsection (a) and periodically advise all States and Congress of the results of the research.
33 U.S.C. § 467g–1

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At the request of any State that has or intends to develop a State dam safety program, the Administrator shall provide training for State dam safety staff and inspectors.
33 U.S.C. § 467g–2

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The Administrator, in consultation with other Federal agencies, State and local governments, dam owners, the emergency management community, the private sector, nongovernmental organizations and associations, institutions of higher education, and any other appropriate entities shall, subject to the availability of appropriations, carry out a nationwide public awareness and outreach initiative to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents.
33 U.S.C. § 467h(3)

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(3) describes the progress achieved in dam safety by States participating in the Program; and
33 U.S.C. § 467i(3)

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(3) preempt any other Federal or State law.
33 U.S.C. § 467j(a)(2)(A)

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(A) Subject to subparagraphs (B) and (C), for each fiscal year, amounts made available under this subsection to carry out section 467f of this title shall be allocated among the States as follows:

(i) One-third among States that qualify for assistance under section 467f(e) of this title.

(ii) Two-thirds among States that qualify for assistance under section 467f(e) of this title, to each such State in proportion to—

(I) the number of dams in the State that are listed as State-regulated dams on the inventory of dams and low-head dams maintained under section 467d of this title; as compared to

(II) the number of dams in all States that are listed as State-regulated dams on the inventory of dams and low-head dams maintained under section 467d of this title.
33 U.S.C. § 467j(a)(2)(A)(i)

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(i) One-third among States that qualify for assistance under section 467f(e) of this title.
33 U.S.C. § 467j(a)(2)(A)(ii)

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(ii) Two-thirds among States that qualify for assistance under section 467f(e) of this title, to each such State in proportion to—

(I) the number of dams in the State that are listed as State-regulated dams on the inventory of dams and low-head dams maintained under section 467d of this title; as compared to

(II) the number of dams in all States that are listed as State-regulated dams on the inventory of dams and low-head dams maintained under section 467d of this title.
33 U.S.C. § 467j(a)(2)(A)(ii)(I)

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(I) the number of dams in the State that are listed as State-regulated dams on the inventory of dams and low-head dams maintained under section 467d of this title; as compared to
33 U.S.C. § 467j(a)(2)(A)(ii)(II)

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(II) the number of dams in all States that are listed as State-regulated dams on the inventory of dams and low-head dams maintained under section 467d of this title.
33 U.S.C. § 467j(a)(2)(B)

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(B) The amount of funds allocated to a State under this paragraph for a fiscal year may not exceed the amount that is equal to 4 times the amount of funds committed by the State to implement dam safety activities for that fiscal year.
33 U.S.C. § 467j(a)(2)(C)

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(C) The Administrator and the Board shall determine the amount allocated to States.
33 U.S.C. § 467n(a)

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(a) After November 17, 1986, costs incurred in the modification by the Secretary of dams and related facilities constructed or operated by the Secretary, the cause of which results from new hydrologic or seismic data or changes in state-of-the-art design or construction criteria deemed necessary for safety purposes, shall be recovered in accordance with the provisions in this subsection:

(1) Fifteen percent of the modification costs shall be assigned to project purposes in accordance with the cost allocation in effect for the project at the time the work is initiated. Non-Federal interests shall share the costs assigned to each purpose in accord with the cost sharing in effect at the time of initial project construction: Provided, That the Secretary of the Interior shall recover costs assigned to irrigation in accordance with repayment provisions of Public Law 98–404.

(2) Repayment under this subsection, with the exception of costs assigned to irrigation, may be made, with interest, over a period of not more than thirty years from the date of completion of the work. The interest rate used shall be determined by the Secretary of the Treasury, taking into consideration average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the applicable reimbursable period during the month preceding the fiscal year in which the costs are incurred, plus a premium of one-eighth of one percentage point for transaction costs. To the extent that more than one interest rate is determined pursuant to the preceding sentence, the Secretary of the Treasury shall establish an interest rate at the weighted average of the rates so determined.

Citations to §467(14)

33 U.S.C. § 467a(b)

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(b) 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.
33 U.S.C. § 467a(b)(1)

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(1) provide information to the State dam safety agency on the construction, operation, maintenance, condition, or provisions for emergency operations of the dam; or
33 U.S.C. § 467a(b)(2)

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(2) allow any official of the State dam safety agency to participate in the Federal inspection of the dam.
33 U.S.C. § 467d(b)

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(b) 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.
33 U.S.C. § 467f(a)

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(a) The Administrator, in consultation with ICODS and State dam safety agencies, and the Board shall establish and maintain, in accordance with this section, a coordinated national dam safety program. The Program shall—

(1) be administered by FEMA to achieve the objectives set forth in subsection (c);

(2) involve, to the extent appropriate, each Federal agency; and

(3) include—

(A) each of the components described in subsection (d);

(B) the strategic plan described in subsection (b); and

(C) assistance for State dam safety programs described in subsection (e).
33 U.S.C. § 467f(f)(5)(B)

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(B) In carrying out subparagraph (A), the Board shall encourage coordination and information exchange among Federal and State dam safety agencies that share common problems and responsibilities for dam safety, including planning, design, construction, operation, emergency action planning, inspections, maintenance, regulation or licensing, technical or financial assistance, research, and data management.
33 U.S.C. § 467f–2(d)(1)

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(1) A grant awarded under this section to an eligible subrecipient for a project shall be approved by the relevant State dam safety agency.

Citations to §467(15)

33 U.S.C. § 467f(a)(3)(C)

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(C) assistance for State dam safety programs described in subsection (e).
33 U.S.C. § 467f(e)(1)

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(1) To encourage the establishment and maintenance of effective State programs intended to ensure dam safety, to protect human life and property, and to improve State dam safety programs, the Administrator shall provide assistance with amounts made available under section 467j¹ of this title to assist States in establishing, maintaining, and improving dam safety programs in accordance with the criteria specified in paragraph (2).
33 U.S.C. § 467f(e)(2)

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(2) For a State to be eligible for assistance under this subsection, a State dam safety program must be working toward meeting the following criteria and budgeting requirement:

(A) A State dam safety program must be authorized by State legislation to include, at a minimum—

(i) the authority to review and approve plans and specifications to construct, enlarge, modify, remove, and abandon dams;

(ii) the authority to perform periodic inspections during dam construction to ensure compliance with approved plans and specifications;

(iii) a requirement that, on completion of dam construction, State approval must be given before operation of the dam;

(iv) the authority to require or perform periodic evaluations of all dams and reservoirs to determine the extent of the threat to human life and property in case of failure;

(I) the authority to require or perform the inspection, at least once every 5 years, of all dams and reservoirs that would pose a significant threat to human life and property in case of failure to determine the continued safety of the dams and reservoirs; and

(II) a procedure for more detailed and frequent safety inspections;

(vi) a requirement that all inspections be performed under the supervision of a State-registered professional engineer with related experience in dam design and construction;

(vii) the authority to issue notices, when appropriate, to require owners of dams to perform necessary maintenance or remedial work, install and monitor instrumentation, improve security, revise operating procedures, or take other actions, including breaching dams when necessary;

(viii) regulations for carrying out the legislation of the State described in this subparagraph;

(ix) provision for necessary funds—

(I) to ensure timely repairs or other changes to, or removal of, a dam in order to protect human life and property; and

(II) if the owner of the dam does not take action described in subclause (I), to take appropriate action as expeditiously as practicable;

(x) a system of emergency procedures to be used if a dam fails or if the failure of a dam is imminent; and

(xi) an identification of—

(I) each dam the failure of which could be reasonably expected to endanger human life;

(II) the maximum area that could be flooded if the dam failed; and

(III) necessary public facilities that would be affected by the flooding.

(B) For a State to be eligible for assistance under this subsection, State appropriations must be budgeted to carry out the legislation of the State under subparagraph (A).
33 U.S.C. § 467f(e)(2)(A)

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(A) A State dam safety program must be authorized by State legislation to include, at a minimum—

(i) the authority to review and approve plans and specifications to construct, enlarge, modify, remove, and abandon dams;

(ii) the authority to perform periodic inspections during dam construction to ensure compliance with approved plans and specifications;

(iii) a requirement that, on completion of dam construction, State approval must be given before operation of the dam;

(iv) the authority to require or perform periodic evaluations of all dams and reservoirs to determine the extent of the threat to human life and property in case of failure;

(I) the authority to require or perform the inspection, at least once every 5 years, of all dams and reservoirs that would pose a significant threat to human life and property in case of failure to determine the continued safety of the dams and reservoirs; and

(II) a procedure for more detailed and frequent safety inspections;

(vi) a requirement that all inspections be performed under the supervision of a State-registered professional engineer with related experience in dam design and construction;

(vii) the authority to issue notices, when appropriate, to require owners of dams to perform necessary maintenance or remedial work, install and monitor instrumentation, improve security, revise operating procedures, or take other actions, including breaching dams when necessary;

(viii) regulations for carrying out the legislation of the State described in this subparagraph;

(ix) provision for necessary funds—

(I) to ensure timely repairs or other changes to, or removal of, a dam in order to protect human life and property; and

(II) if the owner of the dam does not take action described in subclause (I), to take appropriate action as expeditiously as practicable;

(x) a system of emergency procedures to be used if a dam fails or if the failure of a dam is imminent; and

(xi) an identification of—

(I) each dam the failure of which could be reasonably expected to endanger human life;

(II) the maximum area that could be flooded if the dam failed; and

(III) necessary public facilities that would be affected by the flooding.
33 U.S.C. § 467f(e)(3)

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(3) The Administrator shall enter into a² agreement with each State receiving assistance under paragraph (2) to develop a work plan necessary for the State dam safety program to reach a level of program performance specified in the agreement.
33 U.S.C. § 467f(e)(5)(A)

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(A) For a State to be eligible for assistance under this subsection, a plan for a State dam safety program shall be submitted to the Administrator for approval.
33 U.S.C. § 467f(e)(5)(B)

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(B) A State dam safety program shall be deemed to be approved 120 days after the date of receipt by the Administrator unless the Administrator determines within the 120-day period that the State dam safety program fails to meet the requirements of paragraphs (1) through (3).
33 U.S.C. § 467f(e)(5)(C)

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(C) If the Administrator determines that a State dam safety program does not meet the requirements for approval, the Administrator shall immediately notify the State in writing and provide the reasons for the determination and the changes that are necessary for the plan to be approved.
33 U.S.C. § 467f(e)(6)

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(6) Using the expertise of the Board, the Administrator shall periodically review State dam safety programs. If the Board finds that a State dam safety program has proven inadequate to reasonably protect human life and property and the Administrator concurs, the Administrator shall revoke approval of the State dam safety program, and withhold assistance under this subsection, until the State dam safety program again meets the requirements for approval.
33 U.S.C. § 467f–2(d)(2)(D)

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(D) comply with such minimum eligibility requirements as the Administrator may establish to ensure that each owner and operator of a dam under a participating State dam safety program and that receives assistance under this section—

(i) acts in accordance with the State dam safety program; and

(ii) carries out activities relating to the public in the area around the dam in accordance with the hazard mitigation plan described in subparagraph (B); and
33 U.S.C. § 467f–2(d)(2)(D)(i)

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(i) acts in accordance with the State dam safety program; and
33 U.S.C. § 467g–1

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At the request of any State that has or intends to develop a State dam safety program, the Administrator shall provide training for State dam safety staff and inspectors.

Citations to §467(16)

33 U.S.C. § 467f–2(g)(1)(C)

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(C) Subparagraph (A) shall not apply to a project carried out by or for the benefit of an underserved community.

Citations to §467(17)

33 U.S.C. § 467a(a)

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(a) 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.
33 U.S.C. § 467d(a)

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(a) The Secretary of the Army shall maintain and update information on the inventory of dams and low-head dams in the United States.
33 U.S.C. § 467e(a)(1)

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(1) comprised of a representative of each of the Department of Agriculture, the Department of Defense, the Department of Energy, the Department of the Interior, the Department of Labor, FEMA, the Federal Energy Regulatory Commission, the Nuclear Regulatory Commission, the Tennessee Valley Authority, and the United States Section of the International Boundary Commission; and
33 U.S.C. § 467f(b)(1)

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(1) to establish goals, priorities, performance measures, and target dates toward effectively administering this subchapter in order to improve the safety of dams in the United States; and
33 U.S.C. § 467f(c)(7)

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(7) develop technical assistance materials, seminars, and guidelines to improve security for dams in the United States.
33 U.S.C. § 467f(d)(3)(A)

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(A) The leadership activity shall be the responsibility of FEMA and shall be exercised by chairing the Board to coordinate national efforts to improve the safety of the dams in the United States.
33 U.S.C. § 467f(f)(1)

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(1) The Administrator shall establish an advisory board to be known as the “National Dam Safety Review Board” to monitor the safety of dams in the United States, to monitor State implementation of this section, and to advise the Administrator on national dam safety policy.
33 U.S.C. § 467f(f)(5)(A)

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(A) The Board shall encourage the establishment and maintenance of effective programs, policies, and guidelines to enhance dam safety for the protection of human life and property throughout the United States.
33 U.S.C. § 467f(f)(7)(A)

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(A) Each member of the Board who is an officer or employee of the United States shall serve without compensation in addition to compensation received for the services of the member as an officer or employee of the United States.
33 U.S.C. § 467f(f)(7)(B)

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(B) Each member of the Board who is not an officer or employee of the United States shall serve without compensation.
33 U.S.C. § 467f–2(i)(2)

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(2) A contract awarded in accordance with paragraph (1) shall not be considered to confer a proprietary interest upon the United States.
33 U.S.C. § 467i(1)

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(1) create any liability in the United States or its officers or employees for the recovery of damages caused by such action or failure to act;
33 U.S.C. § 467n(a)(2)

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(2) Repayment under this subsection, with the exception of costs assigned to irrigation, may be made, with interest, over a period of not more than thirty years from the date of completion of the work. The interest rate used shall be determined by the Secretary of the Treasury, taking into consideration average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the applicable reimbursable period during the month preceding the fiscal year in which the costs are incurred, plus a premium of one-eighth of one percentage point for transaction costs. To the extent that more than one interest rate is determined pursuant to the preceding sentence, the Secretary of the Treasury shall establish an interest rate at the weighted average of the rates so determined.