33 U.S.C. § 467f : US Code - Section 467F: National dam safety program

Search 33 U.S.C. § 467f : US Code - Section 467F: National dam safety program

(a) In general
The Director, 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) of this section;
(2) involve, to the extent appropriate, each Federal agency;
and
(3) include -
(A) each of the components described in subsection (d) of
this section;
(B) the strategic plan described in subsection (b) of this
section; and
(C) assistance for State dam safety programs described in
subsection (e) of this section.
(b) Duties
The Director shall prepare a strategic plan -
(1) to establish goals, priorities, and target dates 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 encourage public awareness projects to increase
public acceptance and support of State dam safety programs;
(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
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).
(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 substantially, 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)(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;
(v) a requirement that all inspections be performed under
the supervision of a State-registered professional engineer
with related experience in dam design and construction;
(vi) the authority to issue notices, when appropriate, to
require owners of dams to perform necessary maintenance or
remedial work, improve security, revise operating procedures,
or take other actions, including breaching dams when
necessary;
(vii) regulations for carrying out the legislation of the
State described in this subparagraph;
(viii) 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;
(ix) a system of emergency procedures to be used if a dam
fails or if the failure of a dam is imminent; and
(x) 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 Director shall enter into a (!1) 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 Director as the Director 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 Director for approval.
(B) Approval
A State dam safety program shall be deemed to be approved 120
days after the date of receipt by the Director unless the
Director 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 Director determines that a State dam safety program
does not meet the requirements for approval, the Director 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 Director 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 Director
concurs, the Director 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 Director 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 Director 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
Director 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 Director from among
State dam safety officials; and
(G) 1 member shall be selected by the Director to represent
the private sector.
(4) Nonvoting membership
The Director, 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 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 Director 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 Director.
(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 Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Board.