H.R. 15951 (92nd): An Act to authorize the Secretary of the Army to undertake a national program of inspection of ...

...dams

92nd Congress, 1971–1972. Text as of Aug 08, 1972 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPOStatutes at Large

506                                       PUBLIC LAW 92-366-AUG. 7, 1972                  [86   STAT.


                        Public Law 92-366
   August 7 , 1 9 7 2                                    AN ACT
    [H. R. 8708]
                        To extend the authority of agency heads to draw checks in favor of financial
                         organizations to other classes of recurring payments, and for other
                         purposes.

                          Be it enacted hy the Senate and House of Representatives of the
   Federal agen-
cies.                   United States of America in Congress assembled^ That section 3620 of
  Payments to fi-       the Kevised Statutes, as amended (31 U.S.C. 492), is amended by add-
nancial organiza-       ing below subsection (c) thereof the following new subsection:
tions, extension.
                          " ( d ) EXTENSION OF AUTHORIZATION FOR DRAWING CHECKS I N FAVOR
                        OF FINANCIAL ORGANIZATIONS TO OTHER CLASSES OF EECURRING P A Y -
                        MENTS.^Procedures authorized in subsection (b) of this section, for
                        the making of a payment in the form of a check drawn in favor of a
                        financial organization, may be extended to any class of recurring pay-
                        ments, upon the written request of the person to whom payment is to be
                        made and in accordance with regulations to be prescribed by the
                        Secretary of the Treasury under authority of such subsection."
                           Approved August 7, 1972.


                        Public Law 92-367
  August 8, 1972                                          AN ACT
  [H. R. 15951]
                        To authorize the Secretary of the Army to undertake a national program of
                                                    inspection of dams.
                           Be it enacted by the Senate and House of Representatives of the
  National dam in-      United States of America in Congress assembled. That the term
spection program.
  "Dam."                ""dam" as used m this Act means any artificial barrier, including
                        appurtenant works, which impounds or diverts water, and which
                         (1) is twenty-five feet or more in height from the natural bed of the
                        stream or watercourse measured at the downstream toe of the barrier,
                        or from the lowest elevation of the outside limit of the barrier, if it
                        is not across a stream channel or watercourse, to the maximum water
                        storage elevation or (2) has an impounding capacity at maximum
                        water storage elevation of fifty acre-feet or more. This Act does not
                        apply to any such barrier which is not in excess of six feet in height,
                        regardless of storage capacity or which has a storage capacity at
                        maximum water storage elevation not in excess of fifteen acre-feet,
                        regardless of height.
  Army, authoriza-         SEC. 2. As soon as practicable, the Secretary of the Army, acting
tion.                   through the Chief of Engineers, shall carry out a national program of
                        inspection of dams for the purpose of protecting human life and prop-
  Exceptions.           erty. All dams in the United States shall be inspected by the Secretary
                        except (1) dams under the jurisdiction of the Bureau of Reclamation,
                        the Tennessee Valley Authority, or the International Boundary and
                        Water Commission, (2) dams which have been constructed pursuant
  41 Stat. 1063:        to licenses issued under the authority of the Federal Power Act, (3)
49 Stat. 8 6 3 .        dams which have been inspected within the twelve-month period
  16 u s e 7 9 l a .
                        immediately prior to the enactment of this Act by a State agency and
                        which the Governor of such State requests be excluded from inspection,
                        and (4) dams which the Secretary of the Army determines do not pose
                        any threat to human life or property. The Secretary may inspect dams
                        which have been licensed under the Federal Power Act upon request
                        of the Federal Power Commission and dams under the jurisdiction of
                        the International Boundary and Water Commission upon request of
                        such Commission.

86 STAT. ] PUBLIC LAW 92-368-AUG. 10, 1972 507 SEC. 8. As soon as practicable after inspection of a dam, the Secretary Notice to Gov- shall notify the Governor of the State in which such dam is located the results of such investigation. The Secretary shall immediately notify the Governor of any hazardous conditions found during an inspection. The Secretary shall provide advice to the Governor, upon request, T-elating to timely remedial measures necessary to mitigate or obviate any hazardous conditions found during an inspection. SEC. 4. F o r the purpose of determining whether a dam (including the waters impomided by such dam) constitutes a danger to human life or property, the Secretary shall take into consideration the possibility that the dam might be endangered by overtopping, seepage, settlement, erosion, sediment, cracking, earth movement, earthquakes, failure of bulkheads, flashboard, gates on conduits, or other conditions which exist or which might occur in any area in the vicinity of the dam. SEC. 5. The Secretary shall report to the (yongress on or before gress. Report to July 1, 1974, on his activities under the Act, w^hich report shall include, but not be limited to— (1) an inventory of all dams located in the United States; (2) a review of each inspection made, the recommendations furnished to the Governor of the State in which such dam is located and information as to the implementation of such recommendation; (3) recommendations for a comprehensive national program for the inspection, and regulation for safety purpose of dams of the Nation, and the respective responsibilities which should be assumed by Federal, State, and local governments and by public and private interests. SEC. 6. Nothmg contained in this Act and no action or failure to Liability. act under this Act shall be construed (1) to create any liability in the United States or its officers or employees for the recovery of damages caused by such action or failure to act; or (2) to relieve an owner or operator of a dam of the legal duties, obligations, or liabil- ities incident to the ownership or operation of the dam. Approved August 8, 1972. Public Law 92-368 AN ACT August 10, 1972 To amend title 44, United States Code, to authorize the I'ublic l*rinter to desig- [S.2227] nate the library of the highest appellate court in each State as a deix>3itory library. Be It enacted hy the Senate and House of Representatives of the United, States of America in Congress assembled^ That (a) chapter 19 Highest State appellate court of title 44, Ignited States Code, is amended by adding at the end libraries. thereof the following new section: Depository library designa- "§1915. Highest State appellate court libraries as depository tion. 82 Stat. 1283. libraries 44 u s e 1901. *'Upon the request of the highest appellate court of a State, the Pub- lic Printer is authorized to designate the library of that court as a depository library. The provisions of section 1911 of this title shall ]iot apply to any library so designated." (b) The chapter analysis of such chapter is amended by adding at \\\Q end thereof the following new item: "1915. Highest State appellate court libraries as depository libraries." Approved August 10, 1972.