33 USC 467 - Definitions

U.S Code last checked for updates: Nov 22, 2024

§ 467.

Definitions

In this subchapter, the following definitions apply:

(1)

Administrator

(2)

Board

(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)

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 that—

(I)

is approved by the relevant State dam safety agency; or

(II)

is in conformance with State law and pending approval by the relevant State dam safety agency;

(iv)

fails to meet minimum dam safety standards of the State in which the dam is located, as determined by the State; and

(v)

poses an unacceptable risk to the public, as determined by the Administrator, in consultation with the Board.

(B)

Exclusion

The term “eligible high hazard potential dam” does not include—

(i)

a licensed hydroelectric dam under a hydropower project with an authorized installed capacity of greater than 1.5 megawatts; or

(ii)

a dam built under the authority of the Secretary of Agriculture.

(5)

Federal agency

(6)

Federal Guidelines for Dam Safety

(7)

FEMA

(8)

Hazard reduction

(9)

ICODS

(10)

Eligible subrecipient

The term “eligible subrecipient”, 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)

Program

(12)

Rehabilitation

(13)

State

(14)

State dam safety agency

(15)

State dam safety program

(16)

United States

(Pub. L. 92–367, § 2, as added Pub. L. 104–303, title II, § 215(c)(4), Oct. 12, 1996, 110 Stat. 3685; amended Pub. L. 107–310, § 3(e)(2), Dec. 2, 2002, 116 Stat. 2451; Pub. L. 113–121, title III, § 3001(a), June 10, 2014, 128 Stat. 1282; Pub. L. 114–322, title IV, § 5006(a), Dec. 16, 2016, 130 Stat. 1892; Pub. L. 116–260, div. AA, title I, § 132(a), Dec. 27, 2020, 134 Stat. 2645.)

cite as: 33 USC 467