33 U.S.C. § 467f
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-
The Administrator shall prepare a strategic plan-
The objectives of the Program are to-
The Program shall consist of-
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.
The non-Federal element shall consist of-
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.
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 State and local officials, in the hazards of dam failure, methods of reducing the adverse consequences of dam failure, and related matters.
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 467j 1 of this title to assist States in establishing, maintaining, and improving dam safety programs in accordance with the criteria specified in paragraph (2).
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 State dam safety program must be authorized by State legislation to include, at a minimum-
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).
The Administrator shall enter into a 2 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.
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.
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.
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).
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.
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.
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.
The Board may use the expertise of Federal agencies and enter into contracts for necessary studies to carry out this section.
The Board shall consist of 11 voting members selected by the Administrator for expertise in dam safety, of whom-
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.
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.
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.
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.
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.
Each member of the Board who is not an officer or employee of the United States shall serve without compensation.
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.
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.
Chapter 10 of title 5 shall not apply to the Board.
1 See References in Text note below.
2 So in original. Probably should be "an".
33 U.S.C. § 467f
EDITORIAL NOTES
REFERENCES IN TEXTSection 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 PROVISIONSA 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.
AMENDMENTS2022-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 FUNCTIONSFor 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.