dreamproit/uscode huggingface dataset:
33 U.S.C. § 454 (NAVIGATION AND NAVIGABLE WATERS)
§ 454. Consent of Congress to obstruction of waters by New York City
The consent of Congress is given to the city of New York, in the State of New York, to obstruct navigation of any river or other waterway which does not form a connecting link between other navigable waters of the United States, and lying wholly within the limits of said city, by closing all or any portion of the same or by building structures in or over the same when the said city shall be lawfully authorized to do so by the State of New York: Provided, however, That any such obstruction shall be unlawful unless the location and plans for the proposed work or works before the commencement thereof shall have been filed with and approved by the Secretary of the Army and Chief of Engineers; and when the plans for any such obstruction have been approved by the Chief of Engineers and by the Secretary of the Army it shall not be lawful to deviate from such plans either before or after the completion of such obstruction, unless the modification of such plans has previously been submitted to and received the approval of the Chief of Engineers and the Secretary of the Army: And provided further, That the city of New York shall be liable for any damage that may be inflicted upon private property by reason of any of the provisions of this section.
The right to alter, amend, or repeal this section is expressly reserved, and the United States shall incur no liability for the alteration, amendment, or repeal thereof to the city of New York, or to the owner or owners, or any other persons interested in any obstruction which shall have been constructed under its provisions.
(June 25, 1910, ch. 436, §§ 1, 2, 36 Stat. 866, 867; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of act June 29, 1888, ch. 496, 25 Stat. 209, which comprises this subchapter.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
heading: Transfer of Functions
text: Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89–670, § 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941. Pub. L. 97–449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89–670, and repealed section 6(g)(6)(A).
33 U.S.C. § 466h...466l (NAVIGATION AND NAVIGABLE WATERS)
§§ 466h to 466l. Transferred
heading: Editorial Notes
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. § 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, maintenance, condition, or provisions for emergency operations 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; Pub. L. 113–121, title III, § 3001(b), June 10, 2014, 128 Stat. 1282.)
heading: Editorial Notes
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: 2014—Subsec. (b)(1). Pub. L. 113–121 substituted “maintenance, condition, or provisions for emergency operations” for “or maintenance”.
1996—Pub. L. 104–303 inserted section catchline, designated existing provisions as subsec. (a) and inserted heading, and added subsec. (b).
heading: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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 Administrator.
(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; Pub. L. 113–121, title III, § 3001(a)(1), June 10, 2014, 128 Stat. 1282.)
heading: Editorial Notes
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: 2014—Subsec. (a)(2). Pub. L. 113–121 substituted “Administrator” for “Director”.
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: Statutory Notes and Related Subsidiaries
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 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.
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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 Administrator, 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 Administrator shall provide for State participation in research under subsection (a) 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; Pub. L. 113–121, title III, § 3001(a)(1), June 10, 2014, 128 Stat. 1282.)
heading: Editorial Notes
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: 2014—Pub. L. 113–121 substituted “Administrator” for “Director” in introductory provisions of subsec. (a) and in subsec. (b).
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 Administrator 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; amended Pub. L. 113–121, title III, § 3001(a)(1), June 10, 2014, 128 Stat. 1282.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 10 of Pub. L. 92–367 was renumbered section 12, 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.
heading: Amendments
text: 2014—Pub. L. 113–121 substituted “Administrator” for “Director”.
33 U.S.C. § 467g–2 (NAVIGATION AND NAVIGABLE WATERS)
§ 467g–2. Public awareness and outreach for dam safety
The Administrator, in consultation with other Federal agencies, State and local governments, dam owners, the emergency management community, the private sector, nongovernmental organizations and associations, institutions of higher education, and any other appropriate entities shall, subject to the availability of appropriations, carry out a nationwide public awareness and outreach initiative to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents.
(Pub. L. 92–367, § 11, as added Pub. L. 113–121, title III, § 3001(d)(2), June 10, 2014, 128 Stat. 1283.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 11 of Pub. L. 92–367 was renumbered section 12, and is classified to section 467h 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.
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 Administrator 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 Administrator considers necessary.
(Pub. L. 92–367, § 12, 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; renumbered § 12 and amended Pub. L. 113–121, title III, § 3001(a)(1), (d)(1), June 10, 2014, 128 Stat. 1282, 1283.)
heading: Editorial Notes
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 12 of Pub. L. 92–367 was renumbered section 13, and is classified to section 467i 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.
heading: Amendments
text: 2014—Pub. L. 113–121, § 3001(a)(1), substituted “Administrator” for “Director” in two places.
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.”