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applying primarily to the prevention and elimination of hazardous conditions thst could adversely affect the lives of those working in the mines and on mine property 2.4.4 Department of the Army Under the authority of Section 404 of the Federal Water Pollution Control Act of 1972 (Public Law 92-500) and Section 9 of the River and Harbor Act of 1899 (30 STAT. 1151; 33 USC 401), the Corps of Engineers issues permits for the .construction of nonfederal dams on the nation's waterways. Permit applicants furnish documentation on the designs, but the Corps does not provide an independent engineering review. Unless another federal agency requires inspection of the dam, the permit requires the permittee to operate and maintain the structure properly to ensure public safety. Such dams are not included in the Corps' dam saf~ty program, because their safety is considered to be a state responsibility. 2.4.5 Nuclear Regulatory Commission The Nuclear Regulatory Commission (NRC) issues permits and operating licenses for nuclear facilities, including dams. The licensing process addresses only dams where failure could result in a radiological risk to the public health and safety. These are dams (20 in number) that impound water required for the safe shut-down of nuclesr power plants. The NRC imposes no explicit dam safety requirements on approximately 31 other dams associated with nuclear power plants. 2.4.6 Federal Energy Regulatory Commission The Federal Energy Regulatory Commission (FERC) aupervises a dam safety program under Section 10(c) of the Federal Power Act. It issues rules and regulations to ensure that licensed projects are adequately constructed, operated, and maintained to protect life, health, and property. FERC's jurisdiction covers dams at hydroelectric projects that are located on navigable streams, occupy federally owned lands, use surplus water or water power from a federally owned dam, or affect the -14-