33 U.S.C. § 467a — Inspection of dams
submitted 54 years ago by Pub. L. 92-367 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 261 words · no verdicts yet
The Army's Chief of Engineers must inspect dams nationwide to protect life and property. Some dams are excluded, like those run by the Bureau of Reclamation, licensed under the Federal Power Act, recently state-inspected, or judged harmless. States can request dam information or join in federal inspections.
(a) In general: As soon as practical, the Secretary of the Army, acting through the Chief of Engineers, must carry out a national program* inspecting dams, to protect human life and property. All dams in the United States must be inspected, except: (1) dams run by the Bureau of Reclamation, the Tennessee Valley Authority, or the International Boundary and Water Commission; (2) dams built under licenses issued under the Federal Power Act; (3) dams a state* agency inspected within the twelve months before August 8, 1972, if that state's Governor asks for them to be excluded; and (4) dams the Secretary of the Army decides pose no threat to human life or property. The Secretary may still inspect Federal Power Act–licensed dams if the Federal Energy Regulatory Commission asks, and may inspect International Boundary and Water Commission dams if that Commission asks.
(b) State participation: If a state dam safety agency* asks about a dam* whose failure would affect that state, the head of the relevant federal agency* must either (1) give the state agency information about the dam's construction, operation, maintenance, condition, or emergency plans, or (2) let a state agency official take part in the federal inspection of that dam.
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.
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—
provide information to the State dam safety agency on the construction, operation, maintenance, condition, or provisions for emergency operations of the dam; or
allow any official of the State dam safety agency to participate in the Federal inspection of the dam.
Source credit: (Pub. L. 92–367, § 3, formerly § 2, Aug. 8, 1972, 86 Stat. 506; Pub. L. 95–91, title IV, § 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583; renumbered § 3 and amended Pub. L. 104–303, title II, § 215(c)(3), (5), Oct. 12, 1996, 110 Stat. 3685, 3687; Pub. L. 113–121, title III, § 3001(b), June 10, 2014, 128 Stat. 1282.)
- 1972Enacted · Pub. L. 92-367 · 86 Stat. 506
- 1977Amended · Pub. L. 95-91 · 91 Stat. 583
- 1996Amended · Pub. L. 104-303 · 110 Stat. 3685, 3687
- 2014Amended · Pub. L. 113-121 · 128 Stat. 1282
A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-367 on 1972-08-08.
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