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33 U.S.C. §§ 467f–467g–1

5 sections in range

§467f. National dam safety program

33 U.S.C. § 467f

(a)
In general— 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).
(b)
Duties— 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.
(c)
Objectives— 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.
(d)
Components—
(1)
In general— 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.
(2)
Elements—
(A)
Federal— 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.
(B)
Non-Federal— The non-Federal element shall consist of—
(i)
the activities and practices carried out by States, local governments, and the private sector to safely build, regulate, operate, and maintain dams; and
(ii)
Federal activities that foster State efforts to develop and implement effective programs for the safety of dams.
(3)
Functional activities—
(A)
Leadership— 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.
(B)
Technical assistance— The technical assistance activity shall consist of the transfer of knowledge and technical information among the Federal and non-Federal elements described in paragraph (2).
(C)
Public awareness— 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.
(e)
Assistance for State dam safety programs—
(1)
In general— 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).
(2)
Criteria and budgeting requirement— 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)
Criteria— 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;
(v)
(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)
Budgeting requirement— 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).
(3)
Work plans— 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.
(4)
Maintenance of effort— 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.
(5)
Approval of programs—
(A)
Submission— 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.
(B)
Approval— 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).
(C)
Notification of disapproval— 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.
(6)
Review of State dam safety programs— 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.
(f)
Board—
(1)
Establishment— 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.
(2)
Authority— The Board may use the expertise of Federal agencies and enter into contracts for necessary studies to carry out this section.
(3)
Voting membership— 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.
(4)
Nonvoting membership— 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.
(5)
Duties—
(A)
In general— 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.
(B)
Coordination and information exchange among agencies— 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.
(6)
Work groups— 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.
(7)
Compensation of members—
(A)
Federal employees— 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.
(B)
Other members— Each member of the Board who is not an officer or employee of the United States shall serve without compensation.
(8)
Travel expenses—
(A)
Representatives of Federal agencies— 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.
(B)
Other individuals— 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.
(9)
Applicability of chapter 10 of title 5— Chapter 10 of title 5 shall not apply to the Board.

Footnotes

  1. 1 See References in Text note below.
  2. 2 So in original. Probably should be “an”.
Notes, amendments, and revision history

(Pub. L. 92–367, § 8, as added Pub. L. 104–303, title II, § 215(c)(8), Oct. 12, 1996, 110 Stat. 3688; amended Pub. L. 107–310, § 3(a)–(e)(1), (f), (g), Dec. 2, 2002, 116 Stat. 2450, 2451; Pub. L. 109–460, § 1(c), Dec. 22, 2006, 120 Stat. 3401; Pub. L. 113–121, title III, § 3001(a)(1), (c), June 10, 2014, 128 Stat. 1282; Pub. L. 117–286, § 4(a)(198), Dec. 27, 2022, 136 Stat. 4327.)

Editorial Notes

References in Text

Section 467j of this title, referred to in subsec. (e)(1), was in the original “section 13” and was translated as meaning section 13 of Pub. L. 92–367 prior to its redesignation as section 14 by Pub. L. 113–121, § 3001(d)(1).

Prior Provisions

A prior section 467f, Pub. L. 92–367, § 7, as added Pub. L. 99–662, title XII, § 1201(b), Nov. 17, 1986, 100 Stat. 4260; amended Pub. L. 102–580, title II, § 209(a), Oct. 31, 1992, 106 Stat. 4830, related to funding for State dam safety programs, prior to repeal by Pub. L. 104–303, title II, § 215(c)(2), Oct. 12, 1996, 110 Stat. 3685.

A prior section 8 of Pub. L. 92–367 was classified to section 467g of this title prior to repeal by Pub. L. 104–303.

Amendments

2022—Subsec. (f)(9). Pub. L. 117–286 substituted “chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text.

2014—Pub. L. 113–121, § 3001(a)(1), substituted “Administrator” for “Director” wherever appearing.

Subsec. (c)(4). Pub. L. 113–121, § 3001(c)(1), added par. (4) and struck out former par. (4) which read as follows: “develop and encourage public awareness projects to increase public acceptance and support of State dam safety programs;”.

Subsec. (f)(4). Pub. L. 113–121, § 3001(c)(2), inserted “, representatives from nongovernmental organizations,” after “State agencies”.

2006—Subsec. (b)(1). Pub. L. 109–460, § 1(c)(1), substituted “performance measures, and target dates toward effectively administering this subchapter in order to” for “and target dates to”.

Subsec. (e)(2)(A). Pub. L. 109–460, § 1(c)(2)(A), struck out “substantially” after “to include” in introductory provisions.

Subsec. (e)(2)(A)(iv) to (vi). Pub. L. 109–460, § 1(c)(2)(B), (C), added cl. (iv) and redesignated former cls. (iv) and (v) as (v) and (vi), respectively. Former cl. (vi) redesignated (vii).

Subsec. (e)(2)(A)(vii). Pub. L. 109–460, § 1(c)(2)(B), (D), redesignated cl. (vi) as (vii) and inserted “install and monitor instrumentation,” after “remedial work,”. Former cl. (vii) redesignated (viii).

Subsec. (e)(2)(A)(viii) to (xi). Pub. L. 109–460, § 1(c)(2)(B), redesignated cls. (vii) to (x) as (viii) to (xi), respectively.

2002—Subsec. (a)(3)(B). Pub. L. 107–310, § 3(a)(1), substituted “strategic plan described in subsection (b)” for “implementation plan described in subsection (e)”.

Subsec. (a)(3)(C). Pub. L. 107–310, § 3(a)(2), substituted “subsection (e)” for “subsection (f)”.

Subsec. (b). Pub. L. 107–310, § 3(b), amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “The Director shall—

“(1) not later than 270 days after October 12, 1996, develop the implementation plan described in subsection (e) of this section;

“(2) not later than 300 days after October 12, 1996, submit to the appropriate authorizing committees of Congress the implementation plan described in subsection (e) of this section; and

“(3) by regulation, not later than 360 days after October 12, 1996—

“(A) develop and implement the Program;

“(B) establish goals, priorities, and target dates for implementation of the Program; and

“(C) to the extent feasible, provide a method for cooperation and coordination with, and assistance to, interested governmental entities in all States.”

Subsec. (c)(7). Pub. L. 107–310, § 3(c), added par. (7).

Subsec. (d)(3)(A). Pub. L. 107–310, § 3(d), substituted “and shall be exercised by chairing the Board to coordinate national efforts to improve the safety of the dams in the United States” for “and shall be exercised by chairing ICODS to coordinate Federal efforts in cooperation with State dam safety officials”.

Subsec. (e). Pub. L. 107–310, § 3(e)(1), redesignated subsec. (f) as (e) and struck out heading and text of former subsec. (e). Text read as follows: “The Director shall—

“(1) develop an implementation plan for the Program that shall set, through fiscal year 2002, year-by-year targets that demonstrate improvements in dam safety; and

“(2) recommend appropriate roles for Federal agencies and for State and local units of government, individuals, and private organizations in carrying out the implementation plan.”

Subsec. (e)(1). Pub. L. 107–310, § 3(f)(1), substituted “the Director shall provide assistance with amounts made available under section 467j of this title to assist States in establishing, maintaining, and improving dam safety programs in accordance with the criteria specified in paragraph (2).” for “the Director shall provide assistance with amounts made available under section 467j of this title to assist States in establishing and maintaining dam safety programs—

“(A) in accordance with the criteria specified in paragraph (2); and

“(B) in accordance with more advanced requirements and standards established by the Board and the Director with the assistance of established criteria such as the Model State Dam Safety Program published by FEMA, numbered 123 and dated April 1987, and amendments to the Model State Dam Safety Program.”

Subsec. (e)(2). Pub. L. 107–310, § 3(f)(2)(A), in introductory provisions, struck out “primary” after “For a State to be eligible for” and “, and for a State to be eligible for advanced assistance under this subsection, a State dam safety program must meet the following criteria and budgeting requirement and be working toward meeting the advanced requirements and standards established under paragraph (1)(B)” before colon.

Subsec. (e)(2)(A). Pub. L. 107–310, § 3(f)(2)(B)(i), substituted “A State” for “For a State to be eligible for assistance under this subsection, a State” in introductory provisions.

Subsec. (e)(2)(A)(vi). Pub. L. 107–310, § 3(f)(2)(B)(ii), inserted “improve security,” before “revise operating procedures,”.

Subsec. (e)(3). Pub. L. 107–310, § 3(f)(3), substituted “agreement” for “contract” in two places.

Subsec. (f). Pub. L. 107–310, § 3(e)(1), redesignated subsec. (h) as (f). Former subsec. (f) redesignated (e).

Subsec. (f)(1). Pub. L. 107–310, § 3(g)(1), substituted “The Director shall establish” for “The Director may establish” and “to monitor the safety of dams in the United States, to monitor State implementation of this section, and to advise the Director on national dam safety policy” for “to monitor State implementation of this section”.

Subsec. (f)(3). Pub. L. 107–310, § 3(g)(2)(A), (B), substituted “Voting membership” for “Membership” in heading and “11 voting members” for “11 members” in introductory provisions.

Subsec. (f)(3)(F), (G). Pub. L. 107–310, § 3(g)(2)(C), added subpars. (F) and (G) and struck out former subpars. (F) and (G) which read as follows:

“(F) 5 members shall be selected by the Director from among dam safety officials of States; and

“(G) 1 member shall be selected by the Director to represent the United States Committee on Large Dams.”

Subsec. (f)(4) to (6). Pub. L. 107–310, § 3(g)(3)(B), added pars. (4) to (6). Former pars. (4) to (6) redesignated (7) to (9), respectively.

Subsec. (f)(7). Pub. L. 107–310, § 3(g)(3)(A), redesignated par. (4) as (7).

Subsec. (f)(8). Pub. L. 107–310, § 3(g)(4), added par. (8) and struck out heading and text of former par. (8). Text read as follows: “Each member of the Board shall be allowed travel expenses, 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.”

Pub. L. 107–310, § 3(g)(3)(A), redesignated par. (5) as (8).

Subsec. (f)(9). Pub. L. 107–310, § 3(g)(3)(A), redesignated par. (6) as (9).

Subsec. (g). Pub. L. 107–310, § 3(e)(1), struck out heading and text of subsec. (g). Text read as follows: “At the request of any State that has or intends to develop a State dam safety program, the Director shall provide training for State dam safety staff and inspectors.”

Subsec. (h). Pub. L. 107–310, § 3(e)(1), redesignated subsec. (h) as (f).

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.

For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Administrator of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§467f–1. Lock and dam security

33 U.S.C. § 467f–1

(a)
Standards— 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.
(b)
Site surveys— 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.
(c)
Cooperative agreement— The Secretary may enter into a cooperative agreement with a nonprofit alliance of public and private organizations that has the mission of promoting safe waterways and seaports to carry out testing and certification activities, and to perform site surveys, under this section.
(d)
Authorization of appropriations— There is authorized to be appropriated $3,000,000 to carry out this section.
Notes, amendments, and revision history

(Pub. L. 110–114, title V, § 5024, Nov. 8, 2007, 121 Stat. 1203.)

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the National Dam Safety Program Act which comprises this subchapter.

Statutory Notes and Related Subsidiaries

“Secretary” Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.

§467f–2. Rehabilitation of high hazard potential dams

33 U.S.C. § 467f–2

(a)
Establishment of program— 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.
(b)
Eligible activities— 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.
(c)
Award of grants—
(1)
Application—
(A)
In general— A State interested in receiving a grant under this section may submit to the Administrator an application for the grant.
(B)
Requirements— 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.
(2)
Grant—
(A)
In general— 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.
(B)
Grant agreement— 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.
(C)
Grant assurance— 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.
(D)
Limitation— 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.
(d)
Requirements—
(1)
Approval— A grant awarded under this section to an eligible subrecipient for a project shall be approved by the relevant State dam safety agency.
(2)
Eligible subrecipient requirements— 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.
(3)
Hazard mitigation plan criteria— 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).
(e)
Floodplain management plans—
(1)
In general— 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.
(2)
Requirement— 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).
(3)
Inclusions— A plan under paragraph (1)(B) shall address—
(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;
(B)
plans for flood fighting and evacuation; and
(C)
public education and awareness of flood risks.
(4)
Plan criteria and technical support— 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.
(f)
Priority system— 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.
(g)
Funding—
(1)
Cost sharing—
(A)
In general— Except as provided in subparagraph (C), any assistance provided under this section for a project shall be subject to a non-Federal cost-sharing requirement of not less than 35 percent.
(B)
In-kind contributions— The non-Federal share under subparagraph (A) may be provided in the form of in-kind contributions.
(C)
Underserved communities— Subparagraph (A) shall not apply to a project carried out by or for the benefit of an underserved community.
(2)
Allocation of funds— The total amount of funds made available to carry out this section for each fiscal year shall be distributed as follows:
(A)
Equal distribution— ⅓ shall be distributed equally among the States in which the projects for which applications are submitted under subsection (c)(1) are located.
(B)
Need-based— 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.
(h)
Use of funds— None of the funds provided in the form of a grant or otherwise made available under this section shall be used—
(1)
to rehabilitate a Federal dam;
(2)
to perform routine operation or maintenance of a dam;
(3)
to modify a dam to produce hydroelectric power;
(4)
to increase water supply storage capacity; or
(5)
to make any other modification to a dam that does not also improve the safety of the dam.
(i)
Contractual requirements—
(1)
In general— 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.
(2)
No proprietary interest— A contract awarded in accordance with paragraph (1) shall not be considered to confer a proprietary interest upon the United States.
(j)
Authorization of appropriations— There are authorized to be appropriated to carry out this section—
(1)
$10,000,000 for fiscal years 2017 and 2018;
(2)
$25,000,000 for fiscal year 2019;
(3)
$40,000,000 for fiscal year 2020; and
(4)
$60,000,000 for each of fiscal years 2021 through 2026.
Notes, amendments, and revision history

(Pub. L. 92–367, § 8A, as added Pub. L. 114–322, title IV, § 5006(b), Dec. 16, 2016, 130 Stat. 1893; amended Pub. L. 116–260, div. AA, title I, § 132(b), Dec. 27, 2020, 134 Stat. 2645; Pub. L. 118–272, div. A, title I, § 1132(c), Jan. 4, 2025, 138 Stat. 3022.)

Editorial Notes

References in Text

The Disaster Mitigation Act of 2000, referred to in subsec. (d)(2)(B)(ii), is Pub. L. 106–390, Oct. 30, 2000, 114 Stat. 1552. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note set out under section 5121 of Title 42, The Public Health and Welfare, and Tables.

Amendments

2025—Subsec. (c)(2)(C). Pub. L. 118–272, § 1132(c)(1), added subpar. (C) and struck out former subpar. (C). Prior to amendment, text read as follows: “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, with respect to the dam to be rehabilitated by the eligible subrecipient, that the dam owner will carry out a plan for maintenance of the dam during the expected life of the dam.”

Subsec. (d)(2)(C). Pub. L. 118–272, § 1132(c)(2), substituted “for a project not including removal, obtain a commitment from the dam owner” for “commit”.

Subsec. (e). Pub. L. 118–272, § 1132(c)(3), added subsec. (e) and struck out former subsec. (e) which related to floodplain management plans to reduce impacts of future flood events in areas protected by projects.

Subsec. (g)(1)(A). Pub. L. 118–272, § 1132(c)(4)(A), substituted “Except as provided in subparagraph (C), any” for “Any”.

Subsec. (g)(1)(C). Pub. L. 118–272, § 1132(c)(4)(B), added subpar. (C).

2020—Subsec. (a). Pub. L. 116–260, § 132(b)(1), substituted “to States with dam safety programs” for “to non-Federal sponsors”.

Subsec. (b). Pub. L. 116–260, § 132(b)(2), substituted “to a State may be used by the State to award grants to eligible subrecipients for” for “a project may be used for” in introductory provisions.

Subsec. (c)(1)(A). Pub. L. 116–260, § 132(b)(3)(A), substituted “State” for “non-Federal sponsor”.

Subsec. (c)(2)(A). Pub. L. 116–260, § 132(b)(3)(B)(i), substituted “eligible high hazard potential dams to a State” for “an eligible high hazard potential dam to a non-Federal sponsor”.

Subsec. (c)(2)(B). Pub. L. 116–260, § 132(b)(3)(B)(ii), in heading, substituted “Grant” for “Project grant” and, in text, substituted “grant agreement with the State” for “project grant agreement with the non-Federal sponsor” and “projects for which the grant is awarded,” for “project,”.

Subsec. (c)(2)(C). Pub. L. 116–260, § 132(b)(3)(B)(iii), amended subpar. (C) generally. Prior to amendment, text read as follows: “As part of a project grant agreement under subparagraph (B), the Administrator shall require the non-Federal sponsor to provide an assurance, with respect to the dam to be rehabilitated under the project, that the owner of the dam has developed and will carry out a plan for maintenance of the dam during the expected life of the dam.”

Subsec. (c)(2)(D). Pub. L. 116–260, § 132(b)(3)(B)(iv), substituted “A State may not award a grant to an eligible subrecipient under this section that exceeds, for any 1 dam,” for “A grant provided under this section shall not exceed” in introductory provisions.

Subsec. (d)(1). Pub. L. 116–260, § 132(b)(4)(A), inserted “to an eligible subrecipient” after “this section”.

Subsec. (d)(2). Pub. L. 116–260, § 132(b)(4)(B)(i), (ii), substituted “Eligible subrecipient” for “Non-Federal sponsor” in heading and “an eligible subrecipient shall, with respect to the dam to be rehabilitated by the eligible subrecipient” for “the non-Federal sponsor shall” in introductory provisions.

Subsec. (d)(2)(A). Pub. L. 116–260, § 132(b)(4)(B)(iii), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “participate in, and comply with, all applicable Federal flood insurance programs;”.

Subsec. (d)(2)(B). Pub. L. 116–260, § 132(b)(4)(B)(iv), substituted “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” for “have” in introductory provisions.

Subsec. (d)(2)(C). Pub. L. 116–260, § 132(b)(4)(B)(v), substituted “expected life of the dam” for “50-year period”.

Subsec. (d)(3). Pub. L. 116–260, § 132(b)(4)(C), added par. (3).

Subsec. (e)(1). Pub. L. 116–260, § 132(b)(5)(A)(i), substituted “an eligible subrecipient” for “non-Federal sponsor” in introductory provisions.

Subsec. (e)(1)(B). Pub. L. 116–260, § 132(b)(5)(A)(ii), substituted “2 years” for “1 year” in cls. (i) and (ii).

Subsec. (e)(3). Pub. L. 116–260, § 132(b)(5)(B), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “The Administrator may provide technical support for the development and implementation of floodplain management plans prepared under this subsection.”

Subsec. (i)(1). Pub. L. 116–260, § 132(b)(6), substituted “an eligible subrecipient” for “a non-Federal sponsor” in introductory provisions.

Statutory Notes and Related Subsidiaries

Rulemaking

Pub. L. 114–322, title IV, § 5006(c), Dec. 16, 2016, 130 Stat. 1896, provided that: Proposed rulemaking.—Not later than 90 days after the date of enactment of this Act [Dec. 16, 2016], the Administrator of the Federal Emergency Management Agency shall issue a notice of proposed rulemaking regarding applications for grants of assistance under the amendments made by subsection (b) to the National Dam Safety Program Act (33 U.S.C. 467 et seq.) [enacting this section]. Final rule.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall promulgate a final rule regarding the amendments described in paragraph (1).”

Rehabilitation of Corps of Engineers Constructed Dams

Pub. L. 114–322, title I, § 1177, Dec. 16, 2016, 130 Stat. 1674, as amended by Pub. L. 115–270, title I, § 1132, Oct. 23, 2018, 132 Stat. 3781; Pub. L. 116–260, div. AA, title III, § 305, Dec. 27, 2020, 134 Stat. 2703; Pub. L. 117–263, div. H, title LXXXI, § 8370, Dec. 23, 2022, 136 Stat. 3806; Pub. L. 118–272, div. A, title III, § 1367, Jan. 4, 2025, 138 Stat. 3164, provided that: In General.—If the Secretary [of the Army] determines that the project is feasible, the Secretary may carry out a project for the rehabilitation of a dam described in subsection (b). Eligible Dams.—A dam eligible for assistance under this section is a dam— that has been constructed, in whole or in part, by the Corps of Engineers for flood control purposes; for which construction was completed before 1940; that is classified as ‘high hazard potential’ by the State dam safety agency of the State in which the dam is located; and that is operated by a non-Federal entity. Cost Sharing.—The non-Federal share of the cost of a project for rehabilitation of a dam under this section, including the cost of any required study, shall be the same share assigned to the non-Federal interest for the cost of initial construction of that dam, including provision of all land, easements, rights-of-way, and necessary relocations. Agreements.—Construction of a project under this section shall be initiated only after a non-Federal interest has entered into a binding agreement with the Secretary [of the Army]— to pay the non-Federal share of the costs of construction under subsection (c); and to pay 100 percent of any operation, maintenance, and replacement and rehabilitation costs with respect to the project in accordance with regulations prescribed by the Secretary.Cost Limitation.— In general.—Except as provided in paragraph (2), the Secretary shall not expend more than $60,000,000 for a project at any single dam under this section. Exception.—For a project under this section for which the Federal share of the costs is expected to exceed $60,000,000, the Secretary may expend more than such amount only if— the Secretary submits to Congress the determination made under subsection (a) with respect to the project; and construction of the project substantially in accordance with the plans, and subject to the conditions described in such determination, is specifically authorized by Congress. Funding.—There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2026 through 2030.”

§467g. Research

33 U.S.C. § 467g

(a)
In general— 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.
(b)
Consultation— 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.
Notes, amendments, and revision history

(Pub. L. 92–367, § 9, as added Pub. L. 104–303, title II, § 215(c)(8), Oct. 12, 1996, 110 Stat. 3692; amended Pub. L. 107–310, § 4, Dec. 2, 2002, 116 Stat. 2453; Pub. L. 113–121, title III, § 3001(a)(1), June 10, 2014, 128 Stat. 1282.)

Editorial Notes

Prior Provisions

A prior section 467g, Pub. L. 92–367, § 8, as added Pub. L. 99–662, title XII, § 1201(b), Nov. 17, 1986, 100 Stat. 4261, set out the requisite features of State dam safety programs and provided for program approval and periodic review, prior to repeal by Pub. L. 104–303, title II, § 215(c)(2), Oct. 12, 1996, 110 Stat. 3685.

A prior section 9 of Pub. L. 92–367 was classified to section 467h of this title prior to repeal by Pub. L. 104–303.

Amendments

2014—Pub. L. 113–121 substituted “Administrator” for “Director” in introductory provisions of subsec. (a) and in subsec. (b).

2002—Subsec. (a). Pub. L. 107–310, § 4(1), in introductory provisions, substituted “in cooperation with the Board” for “in cooperation with ICODS” and inserted “and support” after “develop”.

Subsec. (a)(3), (4). Pub. L. 107–310, § 4(2)–(4), added pars. (3) and (4).

§467g–1. Dam safety training

33 U.S.C. § 467g–1

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.
Notes, amendments, and revision history

(Pub. L. 92–367, § 10, as added Pub. L. 107–310, § 5(2), Dec. 2, 2002, 116 Stat. 2453; amended Pub. L. 113–121, title III, § 3001(a)(1), June 10, 2014, 128 Stat. 1282.)

Editorial Notes

Prior Provisions

A prior section 10 of Pub. L. 92–367 was renumbered section 12, and is classified to section 467h of this title.

Another prior section 10 of Pub. L. 92–367 was classified to section 467i of this title prior to repeal by Pub. L. 104–303.

Amendments

2014—Pub. L. 113–121 substituted “Administrator” for “Director”.