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33 U.S.C. § 467

Section 467 · Definitions

Version as of December 16, 2016, with additions and removals from the June 10, 2014 version.

As of December 16, 2016
As of June 10, 2014

In this subchapter, the following definitions apply:

In this subchapter, the following definitions apply:

(1) Administrator

The term “Administrator” means the Administrator of the Federal Emergency Management Agency.

(1) Administrator

The term “Administrator” means the Administrator of the Federal Emergency Management Agency.

(2) Board

The term “Board” means a National Dam Safety Review Board established under section 467f(f) of this title.

(2) Board

The term “Board” means a National Dam Safety Review Board established under section 467f(f) of this title.

(3) Dam

The term “dam”—

(A)

means any artificial barrier that has the ability to impound water, wastewater, or any liquid-borne material, for the purpose of storage or control of water, that—

(i)

is 25 feet or more in height from—

(I)

the natural bed of the stream channel or watercourse measured at the downstream toe of the barrier; or

(II)

if the barrier is not across a stream channel or watercourse, from the lowest elevation of the outside limit of the barrier;

 to the maximum water storage elevation; or

(ii)

has an impounding capacity for maximum storage elevation of 50 acre-feet or more; but

(B)

does not include—

(i)

a levee; or

(ii)

a barrier described in subparagraph (A) that—

(I)

is 6 feet or less in height regardless of storage capacity; or

(II)

has a storage capacity at the maximum water storage elevation that is 15 acre-feet or less regardless of height;

 unless the barrier, because of the location of the barrier or another physical characteristic of the barrier, is likely to pose a significant threat to human life or property if the barrier fails (as determined by the Administrator).

(3) Dam

The term “dam”—

(A)

means any artificial barrier that has the ability to impound water, wastewater, or any liquid-borne material, for the purpose of storage or control of water, that—

(i)

is 25 feet or more in height from—

(I)

the natural bed of the stream channel or watercourse measured at the downstream toe of the barrier; or

(II)

if the barrier is not across a stream channel or watercourse, from the lowest elevation of the outside limit of the barrier;

 to the maximum water storage elevation; or

(ii)

has an impounding capacity for maximum storage elevation of 50 acre-feet or more; but

(B)

does not include—

(i)

a levee; or

(ii)

a barrier described in subparagraph (A) that—

(I)

is 6 feet or less in height regardless of storage capacity; or

(II)

has a storage capacity at the maximum water storage elevation that is 15 acre-feet or less regardless of height;

 unless the barrier, because of the location of the barrier or another physical characteristic of the barrier, is likely to pose a significant threat to human life or property if the barrier fails (as determined by the Administrator).

(4) Federal agency The term “Federal agency” means a Federal agency that designs, finances, constructs, owns, operates, maintains, or regulates the construction, operation, or maintenance of a dam.
(4) Eligible high hazard potential dam (A) In general The term “eligible high hazard potential dam” means a non-Federal dam that— (i) is located in a State with a State dam safety program; (ii) is classified as “high hazard potential” by the State dam safety agency in the State in which the dam is located; (iii) has an emergency action plan approved by the relevant State dam safety agency; and (iv) the State in which the dam is located determines— (I) fails to meet minimum dam safety standards of the State; and (II) poses an unacceptable risk to the public. (B) Exclusion The term “eligible high hazard potential dam” does not include— (i) a licensed hydroelectric dam; or (ii) a dam built under the authority of the Secretary of Agriculture.
(5) Federal Guidelines for Dam Safety The term “Federal Guidelines for Dam Safety” means the FEMA publication, numbered 93 and dated June 1979, that defines management practices for dam safety at all Federal agencies.
(5) Federal agency The term “Federal agency” means a Federal agency that designs, finances, constructs, owns, operates, maintains, or regulates the construction, operation, or maintenance of a dam.
(6) FEMA The term “FEMA” means the Federal Emergency Management Agency.
(6) Federal Guidelines for Dam Safety The term “Federal Guidelines for Dam Safety” means the FEMA publication, numbered 93 and dated June 1979, that defines management practices for dam safety at all Federal agencies.
(7) Hazard reduction The term “hazard reduction” means the reduction in the potential consequences to life and property of dam failure.
(7) FEMA The term “FEMA” means the Federal Emergency Management Agency.
(8) ICODS The term “ICODS” means the Interagency Committee on Dam Safety established by section 467e of this title .
(8) Hazard reduction The term “hazard reduction” means the reduction in the potential consequences to life and property of dam failure.
(9) Program The term “Program” means the national dam safety program established under section 467f of this title .
(9) ICODS The term “ICODS” means the Interagency Committee on Dam Safety established by section 467e of this title .
(10) State The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.
(10) Non-Federal sponsor The term “non-Federal sponsor”, in the case of a project receiving assistance under section 467f–2 of this title, includes— (A) a governmental organization; and (B) a nonprofit organization.
(11) State dam safety agency The term “State dam safety agency” means a State agency that has regulatory authority over the safety of non-Federal dams.
(11) Program The term “Program” means the national dam safety program established under section 467f of this title .
(12) State dam safety program The term “State dam safety program” means a State dam safety program approved and assisted under section 467f(e) of this title .
(12) Rehabilitation The term “rehabilitation” means the repair, replacement, reconstruction, or removal of a dam that is carried out to meet applicable State dam safety and security standards.
(13) United States The term “United States”, when used in a geographical sense, means all of the States.
(13) State The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.
(14) State dam safety agency

The term “State dam safety agency” means a State agency that has regulatory authority over the safety of non-Federal dams.

(15) State dam safety program

The term “State dam safety program” means a State dam safety program approved and assisted under section 467f(e) of this title.

(16) United States

The term “United States”, when used in a geographical sense, means all of the States.

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