110 STAT. 3690 PUBLIC LAW 104-303 —OCT. 12, 1996 a State dam safety program must be working toward meeting the following criteria and budgeting requirement, and for a State to be eligible for advanced assistance under this subsection, a State dam safety program must meet the following criteria amd budgeting requirement and be working toward meeting the advanced requirements and standards established under paragraph (1)(B): "(A) CRITERIA.— For a State to be eligible for assistance under this subsection, a State dam safety program must be authorized by State legislation to include substantially, at a minimum— "(i) the authority to review and approve plans and specifications to construct, enlarge, modify, remove, and abandon dams; "(ii) the authority to perform periodic inspections during dam construction to ensure complisince with approved plans and specifications; "(iii) a requirement that, on completion of dam construction. State approval must be given before operation of the dam; "(iv)(I) the authority to require or perform the inspection, at least once every 5 years, of all dams and reservoirs that would pose a significant threat to human life and property in case of failure to determine the continued safety of the dams and reservoirs; and "(II) a procedure for more detailed and fi*equent safety inspections; "(v) a requirement that all inspections be performed under the supervision of a State-registered professional engineer with related experience in dam design and construction; "(vi) the authority to issue notices, when appropriate, to require owners of dams to perform necessary maintenance or remedial work, revise operating procedures, or take other actions, including breaching dams when necessary; "(vii) regulations for carrying out the legislation of the State described in this subparagraph; "(viii) provision for necessary funds— "(I) to ensure timely repairs or other changes to, or removal of, a dam in order to protect human life and property; and "(II) if the owner of the dam does not take action described in subclause (I), to take appropriate action as expeditiously as practicable; "(ix) a system of emergency procedures to be used if a dam fails or if the failure of a dam is imminent; and "(x) an identification of— "(I) each dam the failure of which could be reasonably expected to endanger human life; "(II) the maximum area that could be flooded if the dam failed; and "(III) necessary public facilities that would be affected by the flooding.
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