APPENDIX C

Laws, Policies, and Guidelines Driving Dam and Levee Safety in the United States

This appendix provides some details of laws, policies, and guidelines that have driven dam and levee safety policy in the United States. Principal laws and policies that shape the governance of dam safety in the United States are provided in a simplified chronologic list in Table C.1. Table C.2 is a similar list of laws and policies that shape the governance of levee safety in the United States; it includes only what the committee interpreted as defining statutes.



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APPENDIX C Laws, Policies, and Guidelines Driving Dam and Levee Safety in the United States This appendix provides some details of laws, policies, and guidelines that have driven dam and levee safety policy in the United States. Principal laws and policies that shape the governance of dam safety in the United States are provided in a simplified chronologic list in Table C.1. Table C.2 is a similar list of laws and policies that shape the governance of levee safety in the United States; it includes only what the committee interpreted as defining statutes. 153

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APPENDIX C TABLE C.1 Principal Laws and Policies Shaping Dam Safety Governance Date Law or Mandate Relevance Policy and Programs Enabled 1917 Flood Control Act First major flood legislation Dealt primarily with levees on the Mississippi and Sacramento Rivers 1928 Flood Control Act Extended 1917 act to include Policy extended to include Expanded control mechanisms floodways, spillways, and channels; provided foundation for dam safety legislation 1972 33 USC 467: National Authorized national U.S. Army Corps of Engineers Dam Safety Act inspection of dams tasked with inventorying and inspecting dams 1977 Department of Energy Established Department of FERC licenses and inspects Organization Act Energy and Federal Energy nonfederal hydroelectric Regulatory Commission projects (FERC) from Federal Power Commission 1979 Executive Order 12148 Created Federal Emergency Guidelines for dam safety Management Agency (FEMA); management required federal agencies to implement federal guidelines for dam safety 1986 Water Resources Authorized National Dam Established National Dam Development Act Safety Program under Safety Review Board, secretary of the Army National Inventory of Dams, and state assistance 1996 Water Resources Reauthorized National Dam Granted assistance to states Development Act, Pub. Safety Program under FEMA for research and training; L. 104-303, § 215, expanded National Dam National Dam Safety Safety Review Board Program Act 2002 PL 107-310: Dam Safety Reauthorized National Failed to provide funding for and Security Act Dam Safety Program and repair and rehabilitation added national-security considerations 2006 PL 109-460 National Reauthorized National Dam Dam Safety Program Act Safety Program 154

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Appendix C TABLE C.2 Principal Laws and Policies Shaping Levee Safety Governance Date Law Relevance Policy and Programs Enabled 1917 Flood Control Act First major flood Dealt primarily with levees legislation—Mississippi and Sacramento Rivers 1928 Flood Control Act Extended 1917 act to Extended policy to include Expanded include control mechanism floodways, spillways, and channels 1936 Flood Control Act Declared flood control Levees along main stem of a federal interest and Mississippi become federal vested authority in U.S. Army Corps of Engineers (USACE) 1955 Pub. L. 84-99: Flood Directed USACE to Control and Coastal provide emergency Emergencies Act repair or rehabilitation of federally authorized flood control works 1968 National Flood Authorized National Flood Levees became part of the Insurance Act Insurance Program equation for flood insurance 1994 National Flood Prevented loans from Placed some accountability in Insurance Reform Act federal agencies and insurance program programs for property in specific flood hazard areas 2005 Pub. L. 109-148: Authorized national levee Interagency Levee Policy National Levee Data inventory and database Review Committee established Base Authority by Federal Emergency Management Agency (FEMA); USACE initiated levee inventory 2007 Pub. L. 110-114: Established National Levee Mandated that NCLS develop WRDA, National Levee Safety Program (oversight a National Levee Safety Policy Safety Program Act by FEMA) and National Committee on Levee Safety (NCLS, chaired by USACE) 155

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