dreamproit/uscode huggingface dataset:
33 U.S.C. § 466g–1 (NAVIGATION AND NAVIGABLE WATERS)
§ 466g–1. Controversies involving construction or application of interstate compacts and pollution of waters
(a) Jurisdiction of actions by States
The United States district courts shall have original jurisdiction (concurrent with that of the Supreme Court of the United States, and concurrent with that of any other court of the United States or of any State of the United States in matters in which the Supreme Court, or any other court, has original jurisdiction) of any case or controversy—
(1) which involves the construction or application of an interstate compact which (A) in whole or in part relates to the pollution of the waters of an interstate river system or any portion thereof, and (B) expresses the consent of the States signatory to said compact to be sued in a district court in any case or controversy involving the application or construction thereof; and
(2) which involves pollution of the waters of such river system, or any portion thereof, alleged to be in violation of the provisions of said compact; and
(3) in which one or more of the States signatory to said compact is a plaintiff or plaintiffs; and
(4) which is within the judicial power of the United States as set forth in the Constitution of the United States.
(b) Amount in controversy; residence, situs or citizenship; nature, character, or legal status of parties
The district courts shall have original jurisdiction of a case or controversy such as is referred to in subsection (a) of this section, without any requirement, limitation, or regard as to the sum or value of the matter in controversy, or of the place of residence or situs or citizenship, or of the nature, character, or legal status, of any of the proper parties plaintiff or defendant in said case or controversy other than the signatory State or States plaintiff or plaintiffs referred to in paragraph (3) of subsection (a) of this section: Provided, That nothing in this section shall be construed as authorizing a State to sue its own citizens in said courts.
(c) Suits between States signatory to interstate compact
The original jurisdiction conferred upon the district courts by this section shall include, but not be limited to, suits between States signatory to such interstate compact: Provided, That nothing in this section shall be construed as authorizing a State to sue another State which is not a signatory to such compact in said courts.
(d) Venue
The venue of such case or controversy shall be as prescribed by law: Provided, That in addition thereto, such case or controversy may be brought in in any judicial district in which the acts of pollution complained of, or any portion thereof, occur, regardless of the place or places of residence, or situs, of any of the parties plaintiff or defendant.
(Pub. L. 87–830, § 1, Oct. 15, 1962, 76 Stat. 957.)
heading: Separability
text: Pub. L. 87–830, § 2, Oct. 15, 1962, 76 Stat. 957, provided that: “If any part or application of this Act [this section] should be declared invalid by a court of competent jurisdiction, said invalidity shall not affect the other parts, or the other applications, of said Act.”
33 U.S.C. § 466h to 466l (NAVIGATION AND NAVIGABLE WATERS)
§§ 466h to 466l. Transferred
heading: Codification
text: Sections 466h to 466l of this title were transferred to sections 1171 to 1175 of this title and were subsequently omitted in the general amendment of the Federal Water Pollution Control Act by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816. See section 1251 et seq. of this title.
Section 466h, acts June 30, 1948, ch. 758, § 21, formerly § 9, 62 Stat. 1160; July 9, 1956, ch. 518, § 1, 70 Stat. 506; July 20, 1961, Pub. L. 87–88, § 8, 75 Stat. 210; renumbered § 11 and amended Oct. 2, 1965, Pub. L. 89–234, §§ 2(a), 7(e), 79 Stat. 903, 910; 1966 Reorg. Plan No. 2, eff. May 10, 1966, § 1(a), 31 F.R. 6857, 80 Stat. 1608; renumbered § 21 and amended Apr. 3, 1970, Pub. L. 91–224, title I, §§ 102, 103, 84 Stat. 91, 107, which provided for cooperation by all Federal agencies in pollution control, was transferred to section 1171 of this title.
Section 466i, acts June 30, 1948, ch. 758, § 22, formerly § 10, 62 Stat. 1160; July 9, 1956, ch. 518, § 1, 70 Stat. 506; July 20, 1961, Pub. L. 87–88, § 1(b), (d), (e), 75 Stat. 204; renumbered § 12 and amended Oct. 2, 1965, Pub. L. 89–234, §§ 2(a), 6, 79 Stat. 903, 909; 1966 Reorg. Plan No. 2, eff. May 10, 1966, § 1(a), 31 F.R. 6857, 80 Stat. 1608; renumbered § 22 and amended Apr. 3, 1970, Pub. L. 91–224, title I, §§ 102, 104, 84 Stat. 91, 110, which provided for rules and regulations, was transferred to section 1172 of this title.
Section 466j, acts June 30, 1948, ch. 758, § 23, formerly § 11, 62 Stat. 1161; July 9, 1956, ch. 518, § 1, 70 Stat. 506; June 25, 1959, Pub. L. 86–70, § 28(b), 73 Stat. 148; July 12, 1960, Pub. L. 86–624, § 23(b), 74 Stat. 418; July 20, 1961, Pub. L. 87–88, § 9, 75 Stat. 210; renumbered § 13, Oct. 2, 1965, Pub. L. 89–234, § 2(a), 79 Stat. 903; Nov. 3, 1966, Pub. L. 89–753, title II, § 209, 80 Stat. 1251; renumbered § 23, Apr. 3, 1970, Pub. L. 91–224, title I, § 102, 84 Stat. 91, which related to definitions, was transferred to section 1173 of this title.
Section 466k, act June 30, 1948, ch. 758, § 24, formerly § 12, as added July 9, 1956, ch. 518, § 1, 70 Stat. 506; renumbered § 14, Oct. 2, 1965, Pub. L. 89–234, § 2(a), 79 Stat. 903; renumbered § 24 and amended Apr. 3, 1970, Pub. L. 91–224, title I, §§ 102, 107, 84 Stat. 91, 113, which related to application of other laws, was transferred to section 1174 of this title.
Section 466l, act June 30, 1948, ch. 758, § 26, formerly § 16, as added Nov. 3, 1966, Pub. L. 89–753, title II, § 210, 80 Stat. 1252; renumbered § 26, Apr. 3, 1970, Pub. L. 91–224, title I, § 102, 84 Stat. 91, which provided for studies and analysis of costs estimates and reports to Congress, was transferred to section 1175 of this title.
33 U.S.C. § 466m, 466n (NAVIGATION AND NAVIGABLE WATERS)
§§ 466m, 466n. Repealed. Pub. L. 91–224, title I, § 102, Apr. 3, 1970, 84 Stat. 91
text: Section 466m, act June 30, 1948, ch. 758, § 17, as added Nov. 3, 1966, Pub. L. 89–753, title II, § 210, 80 Stat. 1252, authorized a study by Secretary of the Interior, and a report to Congress not later than July 1, 1967, of the extent of pollution of the navigable waters of the United States from litter and sewage deposited into such waters from watercraft.
text: Section 466n, act June 30, 1948, ch. 758, § 18, as added Nov. 3, 1966, Pub. L. 89–753, title II, § 210, 80 Stat. 1252, authorized a study by Secretary of the Interior, and a report to Congress not later than Jan. 30, 1968, relating to incentives, including, but not limited to, tax and other financial incentives, to assist in the construction of industrial anti-pollution facilities.
33 U.S.C. § 467a (NAVIGATION AND NAVIGABLE WATERS)
§ 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, § 3, formerly § 2, Aug. 8, 1972, 86 Stat. 506; Pub. L. 95–91, title IV, § 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583; renumbered § 3 and amended Pub. L. 104–303, title II, § 215(c)(3), (5), Oct. 12, 1996, 110 Stat. 3685, 3687.)
heading: References in Text
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 (§ 791a et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 791a of Title 16 and Tables.
heading: Prior Provisions
text: A prior section 3 of Pub. L. 92–367 was renumbered section 4 and is classified to section 467b of this title.
heading: Amendments
text: 1996—Pub. L. 104–303 inserted section catchline, designated existing provisions as subsec. (a) and inserted heading, and added subsec. (b).
heading: Transfer of Functions
text: “Federal Energy Regulatory Commission” substituted in text for “Federal Power Commission” on authority of Pub. L. 95–91, title IV, § 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.
33 U.S.C. § 467b (NAVIGATION AND NAVIGABLE WATERS)
§ 467b. Investigation reports to Governors
As soon as practicable after inspection of a dam, the Secretary shall notify the Governor of the State in which such dam is located the results of such investigation. In any case in which any hazardous conditions are found during an inspection, upon request by the owner, the Secretary, acting through the Chief of Engineers, may perform detailed engineering studies to determine the structural integrity of the dam, subject to reimbursement of such expense by the owner of such dam. The Secretary shall immediately notify the Governor of any hazardous conditions found during an inspection. The Secretary shall provide advice to the Governor, upon request, relating to timely remedial measures necessary to mitigate or obviate any hazardous conditions found during an inspection.
(Pub. L. 92–367, § 4, formerly § 3, Aug. 8, 1972, 86 Stat. 507; Pub. L. 99–662, title XII, § 1204, Nov. 17, 1986, 100 Stat. 4263; renumbered § 4 and amended Pub. L. 104–303, title II, § 215(c)(3), (6), Oct. 12, 1996, 110 Stat. 3685, 3687.)
heading: Prior Provisions
text: A prior section 4 of Pub. L. 92–367 was renumbered section 5 and is classified to section 467c of this title.
heading: Amendments
text: 1996—Pub. L. 104–303 inserted section catchline.
1986—Pub. L. 99–662 inserted “In any case in which any hazardous conditions are found during an inspection, upon request by the owner, the Secretary, acting through the Chief of Engineers, may perform detailed engineering studies to determine the structural integrity of the dam, subject to reimbursement of such expense by the owner of such dam.”
33 U.S.C. § 467c (NAVIGATION AND NAVIGABLE WATERS)
§ 467c. Determination of danger to human life and property
For the purpose of determining whether a dam (including the waters impounded by such dam) constitutes a danger to human life or property, the Secretary shall take into consideration the possibility that the dam might be endangered by overtopping, seepage, settlement, erosion, sediment, cracking, earth movement, earthquakes, failure of bulkheads, flashboard, gates on conduits, or other conditions which exist or which might occur in any area in the vicinity of the dam.
(Pub. L. 92–367, § 5, formerly § 4, Aug. 8, 1972, 86 Stat. 507; renumbered § 5 and amended Pub. L. 104–303, title II, § 215(c)(3), (7), Oct. 12, 1996, 110 Stat. 3685, 3687.)
heading: Prior Provisions
text: A prior section 5 of Pub. L. 92–367 was classified to section 467d of this title prior to repeal by Pub. L. 104–303.
heading: Amendments
text: 1996—Pub. L. 104–303 inserted section catchline.
33 U.S.C. § 467d (NAVIGATION AND NAVIGABLE WATERS)
§ 467d. National dam inventory
The Secretary of the Army shall maintain and update information on the inventory of dams in the United States. Such inventory of dams shall include any available information assessing each dam based on inspections completed by either a Federal agency or a State dam safety agency.
(Pub. L. 92–367, § 6, as added Pub. L. 104–303, title II, § 215(c)(8), Oct. 12, 1996, 110 Stat. 3687; amended Pub. L. 109–460, § 1(b), Dec. 22, 2006, 120 Stat. 3401.)
heading: Prior Provisions
text: A prior section 467d, Pub. L. 92–367, § 5, Aug. 8, 1972, 86 Stat. 507, directed Secretary report to Congress on or before July 1, 1974, on activities under this subchapter, including in report an inventory of dams in the United States, a review of each inspection made, recommendations to State Governors and implementation of those recommendations, recommendations for comprehensive national program for inspection and safety regulation, and recommendations on responsibilities which should be assumed by Federal, State, and local governments and by public and private interests, prior to repeal by Pub. L. 104–303, title II, § 215(c)(2), Oct. 12, 1996, 110 Stat. 3685.
A prior section 6 of Pub. L. 92–367 was classified to section 467e of this title prior to repeal by Pub. L. 104–303.
heading: Amendments
text: 2006—Pub. L. 109–460 amended section generally. Prior to amendment, section read as follows: “The Secretary of the Army, acting through the Chief of Engineers, may maintain and periodically publish updated information on the inventory of dams in the United States.”
33 U.S.C. § 467e (NAVIGATION AND NAVIGABLE WATERS)
§ 467e. Interagency Committee on Dam Safety
(a) Establishment
There is established an Interagency Committee on Dam Safety—
(1) comprised of a representative of each of the Department of Agriculture, the Department of Defense, the Department of Energy, the Department of the Interior, the Department of Labor, FEMA, the Federal Energy Regulatory Commission, the Nuclear Regulatory Commission, the Tennessee Valley Authority, and the United States Section of the International Boundary Commission; and
(2) chaired by the Director.
(b) Duties
ICODS shall encourage the establishment and maintenance of effective Federal programs, policies, and guidelines intended to enhance dam safety for the protection of human life and property through coordination and information exchange among Federal agencies concerning implementation of the Federal Guidelines for Dam Safety.
(Pub. L. 92–367, § 7, as added Pub. L. 104–303, title II, § 215(c)(8), Oct. 12, 1996, 110 Stat. 3687; amended Pub. L. 107–310, § 2, Dec. 2, 2002, 116 Stat. 2450.)
heading: Prior Provisions
text: A prior section 467e, Pub. L. 92–367, § 6, Aug. 8, 1972, 86 Stat. 507, directed that existing liabilities and obligations be unaffected, prior to repeal by Pub. L. 104–303, title II, § 215(c)(2), Oct. 12, 1996, 110 Stat. 3685.
A prior section 7 of Pub. L. 92–367 was classified to section 467f of this title prior to repeal by Pub. L. 104–303.
heading: Amendments
text: 2002—Subsec. (b). Pub. L. 107–310 substituted “Federal programs” for “Federal and State programs” and “through coordination and information exchange among Federal agencies concerning implementation of the Federal Guidelines for Dam Safety.” for “through—
“(1) coordination and information exchange among Federal agencies and State dam safety agencies; and
“(2) coordination and information exchange among Federal agencies concerning implementation of the Federal Guidelines for Dam Safety.”
heading: Transfer of Functions
text: For 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 Director 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.
33 U.S.C. § 467f–1 (NAVIGATION AND NAVIGABLE WATERS)
§ 467f–1. Lock and dam security
(a) Standards
The Secretary, in consultation with the Federal Emergency Management Agency, the Tennessee Valley Authority, and the Coast Guard, shall develop standards for the security of locks and dams, including the testing and certification of vessel exclusion barriers.
(b) Site surveys
At the request of a lock or dam owner, the Secretary shall provide technical assistance, on a reimbursable basis, to improve lock or dam security.
(c) Cooperative agreement
The Secretary may enter into a cooperative agreement with a nonprofit alliance of public and private organizations that has the mission of promoting safe waterways and seaports to carry out testing and certification activities, and to perform site surveys, under this section.
(d) Authorization of appropriations
There is authorized to be appropriated $3,000,000 to carry out this section.
(Pub. L. 110–114, title V, § 5024, Nov. 8, 2007, 121 Stat. 1203.)
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the National Dam Safety Program Act which comprises this subchapter.
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.
33 U.S.C. § 467g (NAVIGATION AND NAVIGABLE WATERS)
§ 467g. Research
(a) In general
The Director, in cooperation with the Board, shall carry out a program of technical and archival research to develop and support—
(1) improved techniques, historical experience, and equipment for rapid and effective dam construction, rehabilitation, and inspection;
(2) devices for the continued monitoring of the safety of dams;
(3) development and maintenance of information resources systems needed to support managing the safety of dams; and
(4) initiatives to guide the formulation of effective public policy and advance improvements in dam safety engineering, security, and management.
(b) Consultation
The Director shall provide for State participation in research under subsection (a) of this section and periodically advise all States and Congress of the results of the research.
(Pub. L. 92–367, § 9, as added Pub. L. 104–303, title II, § 215(c)(8), Oct. 12, 1996, 110 Stat. 3692; amended Pub. L. 107–310, § 4, Dec. 2, 2002, 116 Stat. 2453.)
heading: Prior Provisions
text: A prior section 467g, Pub. L. 92–367, § 8, as added Pub. L. 99–662, title XII, § 1201(b), Nov. 17, 1986, 100 Stat. 4261, set out the requisite features of State dam safety programs and provided for program approval and periodic review, prior to repeal by Pub. L. 104–303, title II, § 215(c)(2), Oct. 12, 1996, 110 Stat. 3685.
A prior section 9 of Pub. L. 92–367 was classified to section 467h of this title prior to repeal by Pub. L. 104–303.
heading: Amendments
text: 2002—Subsec. (a). Pub. L. 107–310, § 4(1), in introductory provisions, substituted “in cooperation with the Board” for “in cooperation with ICODS” and inserted “and support” after “develop”.
Subsec. (a)(3), (4). Pub. L. 107–310, § 4(2)–(4), added pars. (3) and (4).
33 U.S.C. § 467g–1 (NAVIGATION AND NAVIGABLE WATERS)
§ 467g–1. Dam safety training
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.
(Pub. L. 92–367, § 10, as added Pub. L. 107–310, § 5(2), Dec. 2, 2002, 116 Stat. 2453.)
heading: Prior Provisions
text: A prior section 10 of Pub. L. 92–367 was renumbered section 11, and is classified to section 467h of this title.
Another prior section 10 of Pub. L. 92–367 was classified to section 467i of this title prior to repeal by Pub. L. 104–303.
33 U.S.C. § 467h (NAVIGATION AND NAVIGABLE WATERS)
§ 467h. Reports
Not later than 90 days after the end of each odd-numbered fiscal year, the Director shall submit a report to Congress that—
(1) describes the status of the Program;
(2) describes the progress achieved by Federal agencies during the 2 preceding fiscal years in implementing the Federal Guidelines for Dam Safety;
(3) describes the progress achieved in dam safety by States participating in the Program; and
(4) includes any recommendations for legislative and other action that the Director considers necessary.
(Pub. L. 92–367, § 11, formerly § 10, as added Pub. L. 104–303, title II, § 215(c)(8), Oct. 12, 1996, 110 Stat. 3692; renumbered § 11 and amended Pub. L. 107–310, §§ 5(1), 6, Dec. 2, 2002, 116 Stat. 2453.)
heading: Prior Provisions
text: A prior section 467h, Pub. L. 92–367, § 9, as added Pub. L. 99–662, title XII, § 1201(b), Nov. 17, 1986, 100 Stat. 4262, provided for creation of National Dam Safety Review Board, prior to repeal by Pub. L. 104–303, title II, § 215(c)(2), Oct. 12, 1996, 110 Stat. 3685.
A prior section 11 of Pub. L. 92–367 was renumbered section 12, and is classified to section 467i of this title.
Another prior section 11 of Pub. L. 92–367 was classified to section 467j of this title prior to repeal by Pub. L. 104–303.
heading: Amendments
text: 2002—Pub. L. 107–310, § 6, struck out subsec. designations and headings for subsecs. (a) and (b) and text of subsec. (a) which read as follows: “Not later than 180 days after October 12, 1996, the Director shall report to Congress on the availability of dam insurance and make recommendations concerning encouraging greater availability.”
33 U.S.C. § 467i (NAVIGATION AND NAVIGABLE WATERS)
§ 467i. Statutory construction
Nothing in this subchapter and no action or failure to act under this subchapter shall—
(1) create any liability in the United States or its officers or employees for the recovery of damages caused by such action or failure to act;
(2) relieve an owner or operator of a dam of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam; or
(3) preempt any other Federal or State law.
(Pub. L. 92–367, § 12, formerly § 11, as added Pub. L. 104–303, title II, § 215(c)(8), Oct. 12, 1996, 110 Stat. 3693; renumbered § 12, Pub. L. 107–310, § 5(1), Dec. 2, 2002, 116 Stat. 2453.)
heading: Prior Provisions
text: A prior section 467i, Pub. L. 92–367, § 10, as added Pub. L. 99–662, title XII, § 1201(b), Nov. 17, 1986, 100 Stat. 4262, related to consultation of Federal officers with State officials when dam operated or proposed by Federal agency is operated or proposed in a State, prior to repeal by Pub. L. 104–303, title II, § 215(c)(2), Oct. 12, 1996, 110 Stat. 3685.
A prior section 12 of Pub. L. 92–367 was renumbered section 13, and is classified to section 467j of this title.
Another prior section 12 of Pub. L. 92–367 was classified to section 467k of this title prior to repeal by Pub. L. 104–303.