§ 467a. — Inspection of dams.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC467a]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER VII--DAM INSPECTION PROGRAM
Sec. 467a. Inspection of dams
(a) In general
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.
(b) State participation
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--
(1) provide information to the State dam safety agency on the
construction, operation, or maintenance of the dam; or
(2) allow any official of the State dam safety agency to
participate in the Federal inspection of the dam.
(Pub. L. 92-367, Sec. 3, formerly Sec. 2, Aug. 8, 1972, 86 Stat. 506;
Pub. L. 95-91, title IV, Sec. 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583;
renumbered Sec. 3 and amended Pub. L. 104-303, title II, Sec. 215(c)(3),
(5), Oct. 12, 1996, 110 Stat. 3685, 3687.)
References in Text
The Federal Power Act, referred to in subsec. (a), is act June 10,
1920, ch. 285, 41 Stat. 1063, as amended, which is classified generally
to chapter 12 (Sec. 791a et seq.) of Title 16, Conservation. For
complete classification of this Act to the Code, see section 791a of
Title 16 and Tables.
Prior Provisions
A prior section 3 of Pub. L. 92-367 was renumbered section 4 and is
classified to section 467b of this title.
Amendments
1996--Pub. L. 104-303 inserted section catchline, designated
existing provisions as subsec. (a) and inserted heading, and added
subsec. (b).
Transfer of Functions
``Federal Energy Regulatory Commission'' substituted in text for
``Federal Power Commission'' on authority of Pub. L. 95-91, title IV,
Sec. 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583, which is classified to
section 7172(a)(1)(A) of Title 42, The Public Health and Welfare.
