§ 3801 TITLE 25—INDIANS Page 696

Sec.

(f) Limitation on program authorization.

(g) Technical assistance.

(h) Contract authority.

(i) Annual report.

3804. Authorization of appropriations.

§ 3801. Findings

The Congress finds that—

(1) the Secretary of the Interior has identified 53 dams on Indian lands that present a

threat to human life in the event of a failure;

(2) because of inadequate attention in the

past to problems stemming from structural

deficiencies and regular maintenance requirements for dams operated by the Bureau of Indian Affairs, unsafe Bureau dams continue to

pose an imminent threat to people and property;

(3) many Bureau dams have maintenance deficiencies regardless of their current safety

condition classification and the deficiencies

must be corrected to avoid future threats to

human life and property;

(4) safe working dams on Indian lands are

necessary to supply irrigation water, to provide flood control, to provide water for municipal, industrial, domestic, livestock, and recreation uses, and for fish and wildlife habitats;

and

(5) it is necessary to institute a regular dam

maintenance and repair program, utilizing the

expertise in the Bureau, Indian tribes, and

other Federal agencies.

(Pub. L. 103–302, §2, Aug. 23, 1994, 108 Stat. 1560.)

SHORT TITLE

Section 1 of Pub. L. 103–302 provided that: ‘‘This Act

[enacting this chapter] may be cited as the ‘Indian

Dams Safety Act of 1994’.’’

§ 3802. Definitions

As used in this chapter:

(1) The term ‘‘Bureau’’ means the Bureau of

Indian Affairs.

(2) The term ‘‘dam’’ has the same meaning

given such term by section 467 of title 33.

(3) The term ‘‘Secretary’’ means the Secretary of the Interior.

(4) The term ‘‘Indian tribe’’ means any Indian tribe, band, nation, pueblo, or other organized group or community, including any

Alaska Native village or regional corporation

as defined in or established pursuant to the

Alaska Native Claims Settlement Act [43

U.S.C. 1601 et seq.], which is recognized as eligible for the special programs and services

provided by the United States to Indian tribes

because of their status as Indians.

(Pub. L. 103–302, §3, Aug. 23, 1994, 108 Stat. 1560;

Pub. L. 104–303, title II, §215(d), Oct. 12, 1996, 110

Stat. 3694.)

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred

to in par. (4), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688,

as amended, which is classified generally to chapter 33

(§1601 et seq.) of Title 43, Public Lands. For complete

classification of this Act to the Code, see Short Title

note set out under section 1601 of Title 43 and Tables.

AMENDMENTS

1996—Par. (2). Pub. L. 104–303 made technical amendment to reference in original act which appears in text

as reference to section 467 of title 33.

§ 3803. Dam Safety Maintenance and Repair Program

(a) Establishment

The Secretary shall establish a dam safety

maintenance and repair program within the Bureau to ensure maintenance and monitoring of

the condition of each dam identified pursuant to

subsection (e) of this section necessary to maintain the dam in a satisfactory condition on a

long-term basis.

(b) Transfer of existing functions and personnel

All functions performed before August 23, 1994,

pursuant to the Dam Safety Program established by the Secretary of the Interior by order

dated February 28, 1980, and all Bureau of Indian

Affairs personnel assigned to such program as of

August 23, 1994, are hereby transferred to the

Dam Safety Maintenance and Repair Program.

Any reference in any law, regulation, executive

order, reorganization plan, or delegation of authority to the Dam Safety Program is deemed to

be a reference to the Dam Safety Maintenance

and Repair Program.

(c) Rehabilitation

Under the Dam Safety Maintenance and Repair Program, the Secretary shall perform such

rehabilitation work as is necessary to bring the

dams identified pursuant to subsection (e) of

this section to a satisfactory condition. In addition, each dam located on Indian lands shall be

regularly maintained pursuant to the Dam Safety Maintenance and Repair Program established

pursuant to subsection (a) of this section.

(d) Maintenance action plan

The Secretary shall develop a maintenance action plan, which shall include a prioritization of

actions to be taken, for those dams with a risk

hazard rating of high or significant as identified

pursuant to subsection (e) of this section.

(e) Identification of dams

(1) Development of list

The Secretary shall develop a comprehensive

list of dams located on Indian lands that describes the dam safety condition classification

of each dam, as specified in paragraph (2), the

risk hazard classification of each dam, as specified in paragraph (3), and the conditions resulting from maintenance deficiencies.

(2) Dam safety condition classifications

The dam safety condition classification referred to in paragraph (1) is one of the following classifications:

(A) Satisfactory

No existing or potential dam safety deficiencies are recognized. Safe performance is

expected under all anticipated conditions.

(B) Fair

No existing dam safety deficiencies are

recognized for normal loading conditions. Infrequent hydrologic or seismic events would

probably result in a dam safety deficiency.
Page 697 TITLE 25—INDIANS § 3804

(C) Conditionally poor

A potential dam safety deficiency is recognized for unusual loading conditions that

may realistically occur during the expected

life of the structure.

(D) Poor

A potential dam safety deficiency is clearly recognized for normal loading conditions.

Immediate actions to resolve the deficiency

are recommended; reservoir restrictions may

be necessary until resolution of the problem.

(E) Unsatisfactory

A dam safety deficiency exists for normal

loading conditions. Immediate remedial action is required for resolution of the problem.

(3) Risk hazard classification

The risk hazard classification referred to in

paragraph (1) is one of the following classifications:

(A) High

Six or more lives would be at risk or extensive property damage could occur if the

dam failed.

(B) Significant

Between one and six lives would be at risk

or significant property damage could occur

if the dam failed.

(C) Low

No lives would be at risk and limited property damage would occur if the dam failed.

(f) Limitation on program authorization

Work authorized by this chapter shall be for

the purpose of dam safety maintenance and

structural repair. The Secretary may authorize,

upon request of an Indian tribe, up to 20 percent

of the cost of repairs to be used to provide additional conservation storage capacity or developing benefits beyond those provided by the original dams and reservoirs. This chapter is not intended to preclude development of increased

storage or benefits under any other authority or

to preclude measures to protect fish and wildlife.

(g) Technical assistance

To carry out the purposes of this chapter, the

Secretary may obtain technical assistance on a

nonreimbursable basis from other departments

and agencies. Notwithstanding any such technical assistance, the Dam Safety Maintenance

and Repair Program established under subsection (a) of this section shall be under the direction and control of the Bureau.

(h) Contract authority

In addition to any other authority established

by law, the Secretary is authorized to contract

with Indian tribes under the Indian Self-Determination and Education Assistance Act (25

U.S.C. 450 et seq.) to carry out the Dam Safety

Maintenance and Repair Program established

under this chapter.

(i) Annual report

The Secretary shall submit an annual report

on the implementation of this chapter. The report shall include—

(1) the list of dams and their status on the

maintenance action plan developed under this

section; and

(2) the projected total cost and a schedule of

the projected annual cost of rehabilitation or

repair for each dam under this section.

The report shall be submitted at the time the

budget is required to be submitted under section

1105 of title 31 to the Subcommittee on Native

American Affairs of the Committee on Natural

Resources of the House of Representatives and

the Committee on Indian Affairs of the Senate.

(Pub. L. 103–302, §4, Aug. 23, 1994, 108 Stat. 1561;

Pub. L. 104–109, §3, Feb. 12, 1996, 110 Stat. 764.)

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act, referred to in subsec. (h), is Pub. L. 93–638,

Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally to subchapter II (§450 et seq.) of chapter 14 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 450 of this title and Tables.

AMENDMENTS

1996—Subsec. (h). Pub. L. 104–109 substituted ‘‘under

the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)’’ for ‘‘(under the Indian

Self-Determination and Education Assistance Act (25

U.S.C. 450b(e))), as amended,’’.

CHANGE OF NAME

Committee on Natural Resources of House of Representatives treated as referring to Committee on Resources of House of Representatives by section 1(a) of

Pub. L. 104–14, set out as a note preceding section 21 of

Title 2, The Congress. Subcommittee on Native American Affairs changed to Subcommittee on Native American and Insular Affairs.

§ 3804. Authorization of appropriations

There is authorized to be appropriated such

sums as may be necessary to carry out this

chapter. Funds provided under this chapter are

to be considered nonreimbursable.

(Pub. L. 103–302, §5, Aug. 23, 1994, 108 Stat. 1563.)

CHAPTER 41—INDIAN LANDS OPEN DUMP

CLEANUP

Sec.

3901. Findings and purposes.

(a) Findings.

(b) Purposes.

3902. Definitions.

3903. Inventory of open dumps.

(a) Study and inventory.

(b) Annual reports.

(c) 10-year plan.

3904. Authority of Director of Indian Health Service.

(a) Reservation inventory.

(b) Assistance.

(c) Conditions.

3905. Contract authority.

(a) Authority of Director.

(b) Cooperative agreements.

3906. Tribal demonstration project.

(a) In general.

(b) Criteria.

(c) Duration of funding for project.

3907. Authorization of appropriations.

(a) General authorization.

(b) Coordination.

3908. Disclaimers.