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Updated December 9, 2019


Dam Safety: Federal Programs and Authorities


In recent years, several incidents have highlighted the
public safety risks posed by the failure of dams and related
facilities. From 2015 to 2018, over 100 dams breached in
North Carolina and South Carolina due to record flooding.
In 2017, the near failure of Oroville Dam's spillway in
California resulted in a precautionary evacuation of
approximately 200,000 people and cost more than $1.1
billion in emergency response and repair. The 2019 failure
of Spencer Dam in Nebraska resulted in the first dam-
failure fatality in the nation since 2006. In response to these
incidents, Congress may consider additional oversight and
legislation that could improve dam safety.

This In Focus summarizes the U.S. dam inventory,
rehabilitation and repair estimates, federal dam safety
activities, and related issues for Congress. For more
detailed information, see CRS Report R45981, Dam Safety
Overview and the Federal Role.


The National Inventory of Dams (NID)-maintained by the
U.S. Army Corps of Engineers (USACE)-catalogs
information from 50 states, Puerto Rico, and federal
agencies on most of the nation's dams. The NID lists more
than 90,000 dams. Federal government agencies (e.g.,
USACE, U.S. Forest Service) report owning approximately
3% (2,717) of the dams in the NID, including some of the
largest dams in the United States. The majority of NID-
listed dams are owned by private entities, state and local
governments, and public utilities. Although states have
regulatory authority for more than 69% of NID-listed dams,
the federal government plays a key role in dam safety for
both federal and nonfederal dams.

Of the dams in the NID, about 17% (15,629) are classified
as high hazard potential (i.e., the loss of at least one life is
likely if the dam fails). The overall number of dams
classified as high hazard potential has increased in the past
decade (mostly due to development around dams, not new
construction of dams). The NID also includes dams that are
deemed not a risk human life: significant hazard potential
dams could cause economic loss or environmental damage,
and low hazard potential dams could pose limited risk and
must meet a size threshold.


Dams were built to engineering and construction standards
and regulations corresponding to the time of their
construction. Over half of the dams with information on
their age reported in the NID were built more than fifty
years ago. Some dams, including older dams, may not meet
current dam safety standards, which have evolved over time
as scientific data and engineering have improved. In 2018,
the NID listed about 2,384 high hazard potential facilities
with structural ratings of poor or unsatisfactory, meaning


they were in need of rehabilitation (i.e., to bring up to
standard) or repair.

The Association of State Dam Safety Officials estimated
that the total cost to rehabilitate nonfederal and federal
dams in the NID would exceed $70 billion. Of this estimate,
the cost to rehabilitate high hazard potential dams is $3
billion for federal dams and $19 billion for nonfederal
dams.

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The federal role in dam safety encompasses: (1) support for
state dam safety efforts; (2) support for federal dam safety;
(3) regulation of certain nonfederal dams, and (4)
rehabilitation and repair for certain nonfederal dams.


Every state (except Alabama) has established a regulatory
program for dam safety, as has Puerto Rico. State dam
safety programs typically include safety evaluations of
existing dams, review of plans and specifications for dam
construction and major repair work, periodic inspections of
construction work on new and existing dams, reviews and
approval of environmental action plans, and emergency
preparedness activities with local officials and dam owners.
The dam owners ogenerally are responsible for the safety,
rehabilitation, and repair of their dams; selected states
provide a limited amount of assistance for these activities.

The main source of federal support for state dam safety
programs is the National Dam Safety Program (NDSP),
operated by the Federal Emergency Management Agency
(FEMA). Authorized in 1996 by the National Dam Safety
Program Act, as amended (33 U.S.C. §§467f et seq.),
NDSP activities include providing dam safety information
resources and training, facilitating information exchanges,
and supporting state dam safety programs with grant
assistance. FEMA distributes around $7 million annually in
dam safety program grants to 49 states and Puerto Rico to
support their dam safety activities.


The federal government has statutory responsibilities for
the monitoring, upkeep, rehabilitation, and repair of
federally owned dams. The major federal water resource
management agencies, USACE and the Bureau of
Reclamation (Reclamation), own 42% (1,153) of federal
dams, including many large dams:

   USACE operates more than 700 dams, many with a
   primary purpose of flood risk reduction. USACE
   implements a dam safety program consisting of
   inspections and risk analyses for all USACE dams that
   indicate the level of investment needed. In FY2018,
   USACE funded $268 million in work on 10 dam safety


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