An Act to authorize the Secretary of the Army to undertake a national program of inspection of dams
PL 92-367 (H.R.15951), enacted 08/08/1972

506 
PUBLIC LAW 92-366-AUG. 7, 1972 
[86 STAT. 
August 7,1972 
[H. R. 8708] 
Public Law 92-366 
AN ACT 
To extend the authority of agency heads to draw checks in favor of financial 
organizations to other classes of recurring payments, and for other 
purposes. 
Federal agen-
cies. 
Payments to fi-
nancial organiza-
tions, extension. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That section 3620 of 
the Kevised Statutes, as amended (31 U.S.C. 492), is amended by add-
ing below subsection (c) thereof the following new subsection: 
"(d) 
EXTENSION OF AUTHORIZATION FOR DRAWING CHECKS IN FAVOR 
OF FINANCIAL ORGANIZATIONS TO OTHER CLASSES OF EECURRING PAY-
MENTS.^Procedures authorized in subsection (b) of this section, for 
the making of a payment in the form of a check drawn in favor of a 
financial organization, may be extended to any class of recurring pay-
ments, upon the written request of the person to whom payment is to be 
made and in accordance with regulations to be prescribed by the 
Secretary of the Treasury under authority of such subsection." 
Approved August 7, 1972. 
August 8, 1972 
[H. R. 15951] 
Public Law 92-367 
AN ACT 
To authorize the Secretary of the Army to undertake a national program of 
inspection of dams. 
National dam in-
spection program. 
"Dam." 
Army, authoriza-
tion. 
Exceptions. 
41 Stat. 1063: 
49 Stat. 863. 
16 u s e 79la. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled. That the term 
""dam" as used m this Act means any artificial barrier, including 
appurtenant works, which impounds or diverts water, and which 
(1) is twenty-five feet or more in height from the natural bed of the 
stream or watercourse measured at the downstream toe of the barrier, 
or from the lowest elevation of the outside limit of the barrier, if it 
is not across a stream channel or watercourse, to the maximum water 
storage elevation or (2) has an impounding capacity at maximum 
water storage elevation of fifty acre-feet or more. This Act does not 
apply to any such barrier which is not in excess of six feet in height, 
regardless of storage capacity or which has a storage capacity at 
maximum water storage elevation not in excess of fifteen acre-feet, 
regardless of height. 
SEC. 2. 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 prop-
erty. 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, (3) 
dams which have been inspected within the twelve-month period 
immediately prior to the enactment of this Act 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 Power Commission and dams under the jurisdiction of 
the International Boundary and Water Commission upon request of 
such Commission. 
86 STAT. ] 
PUBLIC LAW 92-368-AUG. 10, 1972 
507 
SEC. 8. 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. 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, 
T-elating to timely remedial measures necessary to mitigate or obviate 
any hazardous conditions found during an inspection. 
SEC. 4. For the purpose of determining whether a dam (including the 
waters impomided 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. 
SEC. 5. The Secretary shall report to the (yongress on or before 
July 1, 1974, on his activities under the Act, w^hich report shall 
include, but not be limited to— 
(1) an inventory of all dams located in the United States; 
(2) a review of each inspection made, the recommendations 
furnished to the Governor of the State in which such dam is 
located and information as to the implementation of such 
recommendation; 
(3) recommendations for a comprehensive national program 
for the inspection, and regulation for safety purpose of dams 
of the Nation, and the respective responsibilities which should 
be assumed by Federal, State, and local governments and by 
public and private interests. 
SEC. 6. Nothmg contained in this Act and no action or failure to 
act under this Act shall be construed (1) to 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; or (2) to relieve an 
owner or operator of a dam of the legal duties, obligations, or liabil-
ities incident to the ownership or operation of the dam. 
Approved August 8, 1972. 
Notice to Gov-
Report to 
gress. 
Liability. 
Public Law 92-368 
AN ACT 
To amend title 44, United States Code, to authorize the I'ublic l*rinter to desig-
nate the library of the highest appellate court in each State as a deix>3itory 
library. 
August 10, 1972 
[S.2227] 
Be It enacted hy the Senate and House of Representatives 
of the 
United, States of America in Congress assembled^ That (a) chapter 19 
of title 44, Ignited States Code, is amended by adding at the end 
thereof the following new section: 
"§1915. Highest State appellate court libraries as depository 
libraries 
*'Upon the request of the highest appellate court of a State, the Pub-
lic Printer is authorized to designate the library of that court as a 
depository library. The provisions of section 1911 of this title shall 
]iot apply to any library so designated." 
(b) The chapter analysis of such chapter is amended by adding at 
\\\Q end thereof the following new item: 
"1915. Highest State appellate court libraries as depository libraries." 
Approved August 10, 1972. 
Highest State 
appellate court 
libraries. 
Depository 
library designa-
tion. 
82 Stat. 1283. 
44 use 1901.