33 U.S. Code § 467f - National dam safety program

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).

The public awareness activity shall provide for the education of the public, including (e) Assistance for State dam safety programs

(1) In general

To encourage the establishment and maintenance of effective State dam safety programs, thesection 467j [1] of this title to assist (2) Criteria and budgeting requirement For 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 (i)

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

the authority to perform periodic inspections during (iii) a requirement that, on completion of dam;

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;

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

a procedure for more detailed and frequent safety inspections; a requirement that all inspections be performed under the supervision of a (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;

regulations for carrying out the legislation of the (ix) provision for necessary funds— to ensure timely repairs or other changes to, or removal of, a (II) if the owner of the (x) a system of emergency procedures to be used if a (xi) an identification of— the maximum area that could be flooded if the (III) necessary public facilities that would be affected by the flooding. (B) Budgeting requirement

The Administrator shall enter into a [2] agreement with each program performance specified in the agreement.

(4) Maintenance of effort

Assistance may not be provided to a Administrator as the Administrator requires to ensure that the (5) Approval of programs

(A) Submission

For a State dam safety program shall be submitted to the (B) Approval

A State dam safety program shall be deemed to be approved 120 days after the date of receipt by theState dam safety program fails to meet the requirements of paragraphs (1) through (3).

If the Administrator determines that a State dam safety program does not meet the requirements for approval, the (6) Review of State dam safety programs

Using the expertise of the Administrator shall periodically review State dam safety programs. If theState dam safety program has proven inadequate to reasonably protect human life and property and theState dam safety program, and withhold assistance under this subsection, until the State dam safety program again meets the requirements for approval.

(1) Establishment

The Administrator shall establish an advisory board to be known as the “National Dam Safety Review Board” to monitor the safety ofAdministrator on national (2) Authority

1 member shall represent the Department of Agriculture ; 1 member shall represent the Department of Defense ; 1 member shall represent the Department of the Interior ; 1 member shall represent FEMA; 1 member shall represent the Federal Energy Regulatory Commission ; 5 members shall be selected by the Administrator from among (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 (5) Duties

(A) In general

In carrying out subparagraph (A), the (6) Work groups

The Administrator may establish work groups under theAdministrator.

(7) Compensation of members (A) Federal employees (A) Representatives of Federal agencies

To the extent amounts are made available in advance in appropriations Acts, each member of the 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 (B) Other individuals

To the extent amounts are made available in advance in appropriations Acts, each member of the (9) Applicability of chapter 10 of title 5

[1] See References in Text note below.

[2] So in original. Probably should be “an”.

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 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 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 ofPub. L. 113–121, § 3001(c)(2), inserted “, representatives from nongovernmental organizations,” after 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 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 thePub. 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 Pub. L. 107–310, § 3(f)(1), substituted “the Director shall provide assistance with amounts made available under section 467j of this title to assistsection 467j of this title to assistPub. L. 107–310, § 3(f)(2)(A), in introductory provisions, struck out “primary” after “For aPub. L. 107–310, § 3(f)(2)(B)(i), substituted “APub. 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 ofPub. 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 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)(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 thePub. L. 107–310, § 3(g)(3)(A), redesignated par. (5) as (8).

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