{"identifier":"/us/usc/t33/s467","title":33,"num":"\u00a7\u202f467.","heading":"Definitions","text":"\u00a7\u202f467.\nDefinitions\nIn this subchapter, the following definitions apply:\n(1)\nAdministrator\nThe term \u201cAdministrator\u201d means the Administrator of the Federal Emergency Management Agency.\n(2)\nBoard\nThe term \u201cBoard\u201d means a National Dam Safety Review Board established under\nsection 467f(f) of this title\n(3)\nDam\nThe term \u201cdam\u201d\u2014\n(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\u2014\n(i) is 25 feet or more in height from\u2014\n(I) the natural bed of the stream channel or watercourse measured at the downstream toe of the barrier; or\n(II) if the barrier is not across a stream channel or watercourse, from the lowest elevation of the outside limit of the barrier;\nto the maximum water storage elevation; or\n(ii) has an impounding capacity for maximum storage elevation of 50 acre-feet or more; but\n(B) does not include\u2014\n(i) a levee; or\n(ii) a barrier described in subparagraph (A) that\u2014\n(I) is 6 feet or less in height regardless of storage capacity; or\n(II) has a storage capacity at the maximum water storage elevation that is 15 acre-feet or less regardless of height;\nunless 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).\n(4)\nEligible high hazard potential dam\n(A)\nIn general\nThe term \u201celigible high hazard potential dam\u201d means a non-Federal dam that\u2014\n(i) is located in a State with a State dam safety program;\n(ii) is classified as \u201chigh hazard potential\u201d by the State dam safety agency in the State in which the dam is located;\n(iii) has an emergency action plan that\u2014\n(I) is approved by the relevant State dam safety agency; or\n(II) is in conformance with State law and pending approval by the relevant State dam safety agency;\n(iv) fails to meet minimum dam safety standards of the State in which the dam is located, as determined by the State; and\n(v) poses an unacceptable risk to the public, as determined by the Administrator, in consultation with the Board.\n(B)\nExclusion\nThe term \u201celigible high hazard potential dam\u201d does not include\u2014\n(i) a licensed hydroelectric dam under a hydropower project with an authorized installed capacity of greater than 1.5 megawatts; or\n(ii) a dam built under the authority of the Secretary of Agriculture.\n(5)\nFederal agency\nThe term \u201cFederal agency\u201d means a Federal agency that designs, finances, constructs, owns, operates, maintains, or regulates the construction, operation, or maintenance of a dam.\n(6)\nFederal Guidelines for Dam Safety\nThe term \u201cFederal Guidelines for Dam Safety\u201d means the FEMA publication, numbered 93 and dated June 1979, that defines management practices for dam safety at all Federal agencies.\n(7)\nFEMA\nThe term \u201cFEMA\u201d means the Federal Emergency Management Agency.\n(8)\nHazard reduction\nThe term \u201chazard reduction\u201d means the reduction in the potential consequences to life and property of dam failure.\n(9)\nICODS\nThe term \u201cICODS\u201d means the Interagency Committee on Dam Safety established by\nsection 467e of this title\n(10)\nEligible subrecipient\nThe term \u201celigible subrecipient\u201d, in the case of a project receiving assistance under\n(A) a governmental organization; and\n(B) a nonprofit organization.\n(11)\nProgram\nThe term \u201cProgram\u201d means the national dam safety program established under\nsection 467f of this title\n(12)\nRehabilitation\nThe term \u201crehabilitation\u201d means the repair, replacement, reconstruction, or removal of a dam that is carried out to meet applicable State dam safety and security standards.\n(13)\nState\nThe term \u201cState\u201d 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.\n(14)\nState dam safety agency\nThe term \u201cState dam safety agency\u201d means a State agency that has regulatory authority over the safety of non-Federal dams.\n(15)\nState dam safety program\nThe term \u201cState dam safety program\u201d means a State dam safety program approved and assisted under\nsection 467f(e) of this title\n(16)\nUnderserved community\nThe term \u201cunderserved community\u201d means a community with a population of less than 50,000 that has a median household income of less than 80 percent of the statewide median household income.\n(17)\nUnited States\nThe term \u201cUnited States\u201d, when used in a geographical sense, means all of the States.","url":"https://projectusc.org/usc/t33/s467.html","content":[{"t":"sec","id":"/us/usc/t33/s467","children":[{"t":"num","text":"\u00a7\u202f467."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"In this subchapter, the following definitions apply:"},{"t":"para","id":"/us/usc/t33/s467/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Administrator"},{"t":"content","children":[{"t":"p","text":"The term \u201cAdministrator\u201d means the Administrator of the Federal Emergency Management Agency.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s467/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Board"},{"t":"content","children":[{"t":"p","text":"The term \u201cBoard\u201d means a National Dam Safety Review Board established under ","children":[{"t":"ref","text":"section 467f(f) of this title","href":"/us/usc/t33/s467f/f","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s467/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Dam"},{"t":"chapeau","text":"The term \u201cdam\u201d\u2014"},{"t":"subpara","id":"/us/usc/t33/s467/3/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" 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\u2014"},{"t":"clause","id":"/us/usc/t33/s467/3/A/i","children":[{"t":"num","text":"(i)"},{"t":"chapeau","text":" is 25 feet or more in height from\u2014"},{"t":"subclause","id":"/us/usc/t33/s467/3/A/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" the natural bed of the stream channel or watercourse measured at the downstream toe of the barrier; or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t33/s467/3/A/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" if the barrier is not across a stream channel or watercourse, from the lowest elevation of the outside limit of the barrier;","tail":"\n"}],"tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"\u2001to the maximum water storage elevation; or","tail":"\n"},{"t":"clause","id":"/us/usc/t33/s467/3/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" has an impounding capacity for maximum storage elevation of 50 acre-feet or more; but","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s467/3/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" does not include\u2014"},{"t":"clause","id":"/us/usc/t33/s467/3/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" a levee; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s467/3/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"chapeau","text":" a barrier described in subparagraph (A) that\u2014"},{"t":"subclause","id":"/us/usc/t33/s467/3/B/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" is 6 feet or less in height regardless of storage capacity; or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t33/s467/3/B/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" has a storage capacity at the maximum water storage elevation that is 15 acre-feet or less regardless of height;","tail":"\n"}],"tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"\u2001unless 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).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s467/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Eligible high hazard potential dam"},{"t":"subpara","id":"/us/usc/t33/s467/4/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The term \u201celigible high hazard potential dam\u201d means a non-Federal dam that\u2014"},{"t":"clause","id":"/us/usc/t33/s467/4/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" is located in a State with a State dam safety program;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s467/4/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" is classified as \u201chigh hazard potential\u201d by the State dam safety agency in the State in which the dam is located;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s467/4/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"chapeau","text":" has an emergency action plan that\u2014"},{"t":"subclause","id":"/us/usc/t33/s467/4/A/iii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" is approved by the relevant State dam safety agency; or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t33/s467/4/A/iii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" is in conformance with State law and pending approval by the relevant State dam safety agency;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s467/4/A/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" fails to meet minimum dam safety standards of the State in which the dam is located, as determined by the State; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s467/4/A/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" poses an unacceptable risk to the public, as determined by the Administrator, in consultation with the Board.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s467/4/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Exclusion"},{"t":"chapeau","text":"The term \u201celigible high hazard potential dam\u201d does not include\u2014"},{"t":"clause","id":"/us/usc/t33/s467/4/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" a licensed hydroelectric dam under a hydropower project with an authorized installed capacity of greater than 1.5 megawatts; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s467/4/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" a dam built under the authority of the Secretary of Agriculture.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s467/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Federal agency"},{"t":"content","children":[{"t":"p","text":"The term \u201cFederal agency\u201d means a Federal agency that designs, finances, constructs, owns, operates, maintains, or regulates the construction, operation, or maintenance of a dam.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s467/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Federal Guidelines for Dam Safety"},{"t":"content","children":[{"t":"p","text":"The term \u201cFederal Guidelines for Dam Safety\u201d means the FEMA publication, numbered 93 and dated June 1979, that defines management practices for dam safety at all Federal agencies.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s467/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"FEMA"},{"t":"content","children":[{"t":"p","text":"The term \u201cFEMA\u201d means the Federal Emergency Management Agency.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s467/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Hazard reduction"},{"t":"content","children":[{"t":"p","text":"The term \u201chazard reduction\u201d means the reduction in the potential consequences to life and property of dam failure.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s467/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"ICODS"},{"t":"content","children":[{"t":"p","text":"The term \u201cICODS\u201d means the Interagency Committee on Dam Safety established by ","children":[{"t":"ref","text":"section 467e of this title","href":"/us/usc/t33/s467e","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s467/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Eligible subrecipient"},{"t":"chapeau","text":"The term \u201celigible subrecipient\u201d, in the case of a project receiving assistance under ","children":[{"t":"ref","text":"section 467f\u20132 of this title","href":"/us/usc/t33/s467f\u20132","tail":", includes\u2014"}]},{"t":"subpara","id":"/us/usc/t33/s467/10/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a governmental organization; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s467/10/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a nonprofit organization.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s467/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"Program"},{"t":"content","children":[{"t":"p","text":"The term \u201cProgram\u201d means the national dam safety program established under ","children":[{"t":"ref","text":"section 467f of this title","href":"/us/usc/t33/s467f","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s467/12","children":[{"t":"num","text":"(12)"},{"t":"heading","text":"Rehabilitation"},{"t":"content","children":[{"t":"p","text":"The term \u201crehabilitation\u201d means the repair, replacement, reconstruction, or removal of a dam that is carried out to meet applicable State dam safety and security standards.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s467/13","children":[{"t":"num","text":"(13)"},{"t":"heading","text":"State"},{"t":"content","children":[{"t":"p","text":"The term \u201cState\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s467/14","children":[{"t":"num","text":"(14)"},{"t":"heading","text":"State dam safety agency"},{"t":"content","children":[{"t":"p","text":"The term \u201cState dam safety agency\u201d means a State agency that has regulatory authority over the safety of non-Federal dams.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s467/15","children":[{"t":"num","text":"(15)"},{"t":"heading","text":"State dam safety program"},{"t":"content","children":[{"t":"p","text":"The term \u201cState dam safety program\u201d means a State dam safety program approved and assisted under ","children":[{"t":"ref","text":"section 467f(e) of this title","href":"/us/usc/t33/s467f/e","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s467/16","children":[{"t":"num","text":"(16)"},{"t":"heading","text":"Underserved community"},{"t":"content","children":[{"t":"p","text":"The term \u201cunderserved community\u201d means a community with a population of less than 50,000 that has a median household income of less than 80 percent of the statewide median household income.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s467/17","children":[{"t":"num","text":"(17)"},{"t":"heading","text":"United States"},{"t":"content","children":[{"t":"p","text":"The term \u201cUnited States\u201d, when used in a geographical sense, means all of the States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}