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.
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 Expanded | Extended 1917 act to include control mechanisms | Policy extended to include floodways, spillways, and channels; provided foundation for dam safety legislation |
1972 | 33 USC 467: National Dam Safety Act | Authorized national inspection of dams | U.S. Army Corps of Engineers tasked with inventorying and inspecting dams |
1977 | Department of Energy Organization Act | Established Department of Energy and Federal Energy Regulatory Commission (FERC) from Federal Power Commission | FERC licenses and inspects nonfederal hydroelectric projects |
1979 | Executive Order 12148 | Created Federal Emergency Management Agency (FEMA); required federal agencies to implement federal guidelines for dam safety | Guidelines for dam safety management |
1986 | Water Resources Development Act | Authorized National Dam Safety Program under secretary of the Army | Established National Dam Safety Review Board, National Inventory of Dams, and state assistance |
1996 | Water Resources Development Act, Pub. L. 104-303, § 215, National Dam Safety Program Act | Reauthorized National Dam Safety Program under FEMA | Granted assistance to states for research and training; expanded National Dam Safety Review Board |
2002 | PL 107-310: Dam Safety and Security Act | Reauthorized National Dam Safety Program and added national-security considerations | Failed to provide funding for repair and rehabilitation |
2006 | PL 109-460 National Dam Safety Program Act | Reauthorized National Dam Safety Program |
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 legislation—Mississippi and Sacramento Rivers | Dealt primarily with levees |
1928 | Flood Control Act Expanded | Extended 1917 act to include control mechanism | Extended policy to include floodways, spillways, and channels |
1936 | Flood Control Act | Declared flood control a federal interest and vested authority in U.S. Army Corps of Engineers (USACE) | Levees along main stem of Mississippi become federal |
1955 | Pub. L. 84-99: Flood Control and Coastal Emergencies Act | Directed USACE to provide emergency repair or rehabilitation of federally authorized flood control works | |
1968 | National Flood Insurance Act | Authorized National Flood Insurance Program | Levees became part of the equation for flood insurance |
1994 | National Flood Insurance Reform Act | Prevented loans from federal agencies and programs for property in specific flood hazard areas | Placed some accountability in insurance program |
2005 | Pub. L. 109-148: National Levee Data Base Authority | Authorized national levee inventory and database | Interagency Levee Policy Review Committee established by Federal Emergency Management Agency (FEMA); USACE initiated levee inventory |
2007 | Pub. L. 110-114: WRDA, National Levee Safety Program Act | Established National Levee Safety Program (oversight by FEMA) and National Committee on Levee Safety (NCLS, chaired by USACE) | Mandated that NCLS develop a National Levee Safety Policy |
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