33 U.S.C. § 467d — National inventory of dams and low-head dams
submitted 30 years ago by Pub. L. 92-367 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 277 words · no verdicts yet
The Army must keep an updated inventory of dams and low-head dams nationwide. For dams, this includes inspection information; for low-head dams, it includes location, condition, and public-safety data. The Army must make this inventory public, but this section grants no other authority over low-head dams.
(a) In general: The Secretary of the Army must maintain and update information about the inventory of dams and low-head dams in the United States.
(b) Dams: This inventory must include any available information assessing each dam*, based on inspections done by a federal agency*, a state dam safety agency*, or a tribal government.
(c) Low-head dams: For low-head dams, the inventory must include (1) each dam's location, ownership, description, current use, condition, height, and length; (2) any information about public-safety conditions at each low-head dam; and (3) any other relevant information about low-head dams.
(d) Data: To carry this out, the Secretary must (1) coordinate with federal and state* agencies, tribal governments, and other relevant groups, and (2) use the data those agencies and groups provide.
(e) Public availability: The Secretary must make this inventory public, including on a public website, along with (1) public-safety information about the dangers of low-head dams, and (2) a directory of financial and technical help available to reduce safety hazards and fish-passage barriers at low-head dams.
(f) Clarification: This section gives the Secretary no authority to do anything about a low-head dam beyond what this section explicitly allows.
(g) Low-head dam defined: A "low-head dam" is an artificial barrier that spans most of a stream channel, blocks the waterway, and backs up water behind it, with a drop of at least 6 inches and no more than 25 feet over the wall.
The Secretary of the Army shall maintain and update information on the inventory of dams and low-head dams in the United States.
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.
The inventory maintained under subsection (a) shall include—
the location, ownership, description, current use, condition, height, and length of each low-head dam;
any information on public safety conditions at each low-head dam; and
any other relevant information concerning low-head dams.
In carrying out this section, the Secretary shall—
coordinate with Federal and State* agencies, Tribal governments, and other relevant entities; and
use data provided to the Secretary by those agencies and entities.
The Secretary shall make the inventory maintained under subsection (a) publicly available (including on a publicly available website), including—
public safety information on the dangers of low-head dams; and
a directory of financial and technical assistance resources available to reduce safety hazards and fish passage barriers at low-head dams.
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.
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.
Source credit: (Pub. L. 92–367, § 6, as added Pub. L. 104–303, title II, § 215(c)(8), Oct. 12, 1996, 110 Stat. 3687; amended Pub. L. 109–460, § 1(b), Dec. 22, 2006, 120 Stat. 3401; Pub. L. 118–272, div. A, title I, § 1132(b), Jan. 4, 2025, 138 Stat. 3021.)
- 1996Enacted · Pub. L. 92-367 · 110 Stat. 3687
- 2006Amended · Pub. L. 109-460 · 120 Stat. 3401
- 2025Amended · Pub. L. 118-272 · 138 Stat. 3021
A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-367 on 1996-10-12.
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