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<br />indicate that they have prepared rules and are awaiting approval to <br /> <br />implement these. <br /> <br />3. Twenty-two states indicate that they require a bond or fee as part of <br /> <br />the construction permit process. <br /> <br />4. Twenty-eight states report that they require or have authority to <br /> <br />require some form of emergency action plan for each dam or reservoir for at <br /> <br />least some classification of dams under state jurisdiction. <br /> <br />5. Fourteen states report that they perform all eight functions. <br /> <br />6. Analysis of state dam safety laws, which were submitted with each <br /> <br />questionnaire response, shows that three states (Alabama, Delaware, Hawaii) <br /> <br />have not enacted dam safety legislation. <br /> <br />Of the remaining forty-seven <br /> <br />states, Florida and Michigan I s laws apply only to new dam construction; <br /> <br />I <br />I <br />f <br /> <br />Missouri's dam safety legislation and regulatory authority is somewhat <br /> <br />limited in that it applies to dams with a height of thirty-five feet or <br /> <br />more. According to data contained in the May 1982 Corps of Engineers Final <br /> <br />Inspection Report, only forty to forty-five percent of Missouri's dams which <br /> <br />qualify under the P.L. 92-367 size could be regulated. <br /> <br />The number of <br /> <br />applicable dams is further reduced because of certain exempted agricultural <br /> <br />and power production status. Existing agricultural dams are exempted from <br /> <br />all permit requirements; owners of new agricultural dams must provide <br /> <br />evidence that the dam meets the permit criteria in effect at the time the <br /> <br />dam was constructed. <br /> <br />Additionally, non-Federal dams regulated by the <br /> <br />Federal Power Act are exempted from state regulation. Georgia's legislature <br /> <br />amended the dam safety law and significantly reduced the number of regulated <br /> <br />dams in 1984 by increasing the minimum impounding capacity from 50 to 100 <br /> <br />acre feet. <br /> <br />A major effect of this amendment was to exempt several <br /> <br />previously-defined "high-hazard" dams from regulation. The legislature has <br /> <br />.39- <br />