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.