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<br />II. BACKGROUND <br /> <br />2.1 THE NATIONAL DAM INSPECTION ACT <br /> <br />Following a series of events that focused the <br />public's concern on the hazards created by water storag <br />dams, the Congress passed the National Dam Inspection <br />Act (Public Law 92-367), which was signed by the <br />President on August 8, 1972. These events were the nea <br />failure of the Lower Van Norman Dam during the February <br />9, 1971, San Fernando, California, earthquake; the <br />failure of the Buffalo Creek, West Virginia, mine refus <br />embankment on February 26, 1972; and the dam failure at <br />Rapid City, South Dakota, in June 1972. Also in June <br />1972, Hurricane Agnes cauaed extremely heavy rainfall i <br />the northeastern United States, resulting in <br />unprecedented flooding that seriously threatened a larg <br />number of dams, some of which were overtopped'and <br />damaged, adding to the property damage otherwise csused <br />by the flooding and further intensifying, the public's <br />concern. <br /> <br />The Act required the U.S. Army Corps of Engineers <br />to csrry out a program of safety inspection of all dams <br />in the United States, except those under the <br />jurisdictions of specified federal authorities and <br />certain other classes of dams. It also required the <br />Corps to compile an inventory of all dams in the United <br />States. Prior to fiscal year 1978, however, Congress <br />funded only the inventory work. <br /> <br />Immediately following the November 6, 1977, failur <br />of the Kelly Barnes Lake Dam at Toccoa, Georgia, <br />President Carter directed the Corps to inspect all "hig <br />hazard" dams (those whose failures would cause loss of <br />life or substantial property damage). He also <br />encouraged state governments to cooperate in the progra <br /> <br />-8- <br />