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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.
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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
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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)
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