INDIAN DAMS SAFE'IY ACT OF 1993 

HEARING 

BEFORE THE 

SUBCOMMITTEE ON 

NATIVE AMERICAN AFF .AIRS 

OF THE 

COMMITTEE ON 

NATURAL RESOURCES 

HOUSE OF REPRESENTATIVES 

ONE HUNDRED THIRD CONGRESS 

FIRST SESSION 

ON 

H.R.1426 

TO PROVIDE FOR THE MAINTENANCE OF DAMS LOCATED ON INDIAN 

LANDS BY THE BUREAU OF INDIAN AFFAIRS OR THROUGH CONTRACI'S WITH INDIAN TRIBES 

78-702 

BEARING HELD IN WASHINGTON, DC 

JULY 2, 1998 

Serial No. 103-88 

Printed for the uae of the Committee on Natural ReaolU"C88 

U.S. GOVERNMENT PlUNTING OFPICE 

WASHINGTON : 1993 

For sale by the U.S. Oovemmenl Printing Office 

SuperinlendentofDocumems, Congressional Sales Office, Washington, DC 20402 

ISBN 0-16-041760-0 
COMMITTEE ON NATURAL RESOURCES 

GEORGE MILLER, California, Chairman 

PHILIP R. SHARP, Indiana DON YOUNG, Alaak.a, 

EDWARD J. MARKEY, MuaaehUiletta Rallleing Republican. Member 

AUSTIN J. MURPHY, Pennqlvania JAMES V. HANSEN, Utah 

NICK JOE RAHALL II, Weat Vll'ginia BARBARA F. VUCANOVICH, Nevada 

BRUCE F. VENTO, Mimleaota ELTON GALLEGLY, California 

PAT WILLIAMS, Montana ROBERT F. SMITH, Oregon 

RON DE LUGO, Virgin Ialanda CRAIG THOMAS, Wyoming 

SAM GEJDENSON, Connecticut JOHN J. DUNCAN, JR., Tenneuee 

RICHARD H. LEHMAN, California JOEL HEFLEY, Colorado 

BILL RICHARDSON, New Mezico JOHN T. DOOLITTLE, California 

PETER A. DEFAZIO, Orep WAYNE ALLARD, Colorado 

ENI F.H. FALEOMAVAEGA, Ameriean RICHARD H. BAKER, Louisiana 

Samoa KEN CALVERT, California 

TIM JOHNSON, South Dakota SCOT'I' MciNNIS, Colorado 

LARRY LAROCCO, Idaho RICHARD W. POMBO, California 

NEIL ABERCROMBIE, Hawaii JAY DICKEY, Arkanau 

CALVIN M. DOOLEY, Califo~ 

CARLOS A. ROMERO-BARCELO, Puerto 

Rico 

KARAN ENGLISH, Arizona 

KAREN SHEPHERD, Utah 

NATHAN DEAL, Geoqia 

MAURICE D. HINCHEY, New York 

ROBERT A. UNDERWOOD, Guam 

SAM FARR, California 

LANE EVANS, Illinoia 

PATSY T. MINK. Hawaii 

THOMAS J. BARLOW m, Kentucky 

THOMAS M. BARRETT, W"JaCOnain 

JOHN LAWRBNCB, StQff Director 

Rl:CHABD Mm.mm, CknenJl CouMel 

DANIEL VAL KtsH,lUpublicon Staff Director 

8uBcoMJIITl'EE ON NATIVE AMERICAN AFFAIRS 

BILL RICHARDSON, New Mezico, Cllai.rmon 

PAT WILLIAMS, Montana CRAIG THOMAS, Wyoming, 

SAM GEJDENSON, Connecticut Rallleill,g JUpublicon Member 

ENI F.H. FALEOMAVAEGA, American DON YOUNG, Alaaka 

Samoa RICHARD H. BAKER, Louisiana 

TIM JOHNSON, South Dakota KEN CALVERT, Califomi.a 

NEIL ABERCROMBIE, Hawaii 

KARAN ENGLISH, Arizona 

TADD JOHNSON, StQff Director 

8TBvzN J.W. IIBBLBY, Cou-t 

M.uwl: HOWAllD, ProfeuimuJl Staff Member 

J'ONB LoRENZO, ProfeuimuJl StQff Member 

8A1tBARA RoBLES, Ckrlt. 

Rl:CHAJlD HOUGHTON, Rcpublicon CouMel Oll NtJtiiN! A.merictm Affa,in 

(ID 
CONTENTS 

Hearing held: July 2, 1998 ..................................................................................... . H.R.1426: 

1. Text of the bill ............................................................................................. . 

~: =~sedi~··~;;:;;;;;;;zy··:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Member statements: 

Bon. Bill Richardson ....................................................................................... . Bon. Craig Thomas ......................................................................................... . Witness statements: 

Patrick Hayes, Director, Office of Trust and Responsibilities, Bureau 

of Indian Affairs, Department of the Interior~-. accompanied by Sam 

Miller, Chief, Division of Water and Land HesOurces, and Bernie 

Burnham, Acting Chief, Branch of Irrigation and Power ......................... . Panel consisting of: 

Bon. Robert E. Lewis, Governor, Pueblo of Zuni, NM .......................... . 

ae!i~~~~ei- ~~~~~~~~ .. ~~~.~~ .. ~~.~~~~ Hon. Floyd Phillips, member, Shosnone Business Council .................. .. Bon. Ra~ond Parker, Jr. vice chairman Chippewa Cree Business 

ComDUttee, Rocky Boy's &servation, M'T .......................................... . Johnnie Francis, director, water devel7:ment and maintenance de-

~~· .~~~~.~~~~.~:~ .. ~~.~~~~ .. ~ .. ~.~~~-~~~~:.~~~~~ 

APPENDIX 

JULY 2, 1998 

Additional material for the hearing record submitted from: 

Hon. Reginald T. Pasqual, Governor, Pueblo of Acoma, NM: Letter dated 

July 16, 1998 ................................................................................................ . Hopi Tribe: Prepared statement ..................................................................... . 

LesNW: l!;~~YJ:~~y 1~, tigt.~~.~~ .. ~~~~~ .. ~~~~ .. ~~: ... ~.~.~: Daniel Eddy, Jr., chairman, Colorado River Indian Tribes, Parker, AZ: 

Letter dated July 15, 1998 .......................................................................... . Duane Big Eagle, chairman, Crow Creek Sioux Tribe, Fort Thompson, 

M~..s!:~~oofWai~ ~~·~uil'~;·&pid.cit;:;·sn;·r;;i~.&;;~ Colleen DuFour Bairs, Le~ative Analyst, dated Jult 26, 1993 ........... .. 

~~i:!:r,d~J!1;i~l393 ~~:.~.~.~.~.:~~-... ~~~-~~ .. ~~~~: Confederated Salish and 1\.00tenai Tribes of the Flathead Nation, Pablo, 

MT: Prepa:red statement ............................................................................. . Joe P. Sparks, Esq., on behalf of the San Carlos Apache Tribe, San 

Carlos, AZ: Letter dated July 23, 1998 ..................................................... .. Stancli.n« Rock Sioux Tribe Fort Yates, ND: Letter from Charles W. 

Murpliy, chairman, dated July 14, 1993 .................................................... . Walker River Paiute Tribe of Nevada: Prepared statement of Anita M. 

Collins, chairman ......................................................................................... . 

(UI) 

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INDIAN DAMS SAFETY ACT OF 1993 

FRIDAY, JULY 2, 1993 

HOUSE OF REPRESENTATIVES, 

SUBCOMMITTEE ON NATIVE AMERICAN AFFAIRS, 

COMMITTEE ON NATURAL RESOURCES, 

Washington, DC. 

The subcommittee met, pursuant to call, at 9:30 a.m. in room 

1324, Longworth House Office Building, Hon. Bill Richardson 

(chairman of the Subcommittee) presiding. 

STATEMENT OF HON. BILL RICHARDSON 

Mr. RICHARDSON. I would like to begin by welcoming everybody here to hear testimony on H.R. 1426, the Indian Dams Safety Act 

of 1993. 

The Safety of Dams Program was established within the Department of the Interior by Secretarial Order in 1980. The purpose of 

the program was to provide for the periodic inspection of about 

1,800 of the department's dams and for the implementation of corrective action to address identified or suspected safety problems. The BIA has responsibility for 300 of these dams. 

In 1989, a report prepared by the Office of the Inspector General 

in the Department of the Interior revealed that the Bureau of Indian Affairs had not taken sufficient actions to address safety concerns at 31 dams under its jurisdiction. In September 1992, the BIA submitted to the Senate a list of 69 

dams within its jurisdiction which were considered to pose a high 

or significant hazard. Of the dams listed, 53 were classified as high hazard and 15 were significant hazard. Today, we will hear a status report from the BIA to learn how many of the deficiencies have 

been addressed since 1992. 

H.R. 1426 would provide a statutorily mandated dam safety operation and maintenance program in the BIA to ensure the maintenance and monitoring of the condition of each dam identified. 

Thus, in addition to performing.rehabilitation, the bureau would 

take measures to prevent future threats to loss of life and property 

by maintaining these dams. This would also be cost effective by addressing deficiencies before the damage requires major repairs. 

Today we will hear from four tribes in addition to the Bureau of 

Indian Affairs: the Pueblo of Zuni, the Navajo Nation, the Northern 

Arapahoe, and Shoshone Tribes. I look forward to hearing your testimony. 

Let me also take this opportunity to remind the witnesses to 

summarize your testimony in five minutes or less. Your full written 

statements will be made a part of the record. 

(1) 
2 

Without objection, the bill's background information and section 

by section analysis will be made a part of the record. 

[The bill H.R. 1426, background and section-by-section analysis follows:] 
3 

103n CONGRESS 

1ST SESSION H.R.l426 

To provide for the maintenance of dams. located on Indian lands by the 

Bureau of Indian Affairs or through contracts with Indian tribes. 

IN THE HOUSE OF REPRESENTATIVES 

MARcH 18, 1993 

Mr. RICHARDSON introduced the follo,ving bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To provide for the maintenance of dams located on Indian 

lands by the Bureau of Indian Affairs or through contracts with Indian tribes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the "Indian Dams Safety 

5 Act of 1993". 

6 SEC. 2. FINDINGS. 

7 The Congress finds that8 (1) the Secretary of the Interior (hereafter in 

9 this Act referred to as the "Secretary'') has identi-
4 

2 

1 fled 53 dams on Indian lands that present a high 

2 hazard to human life in the event of a failure; 

3 (2) because of inadequate attention in the past 

4 to regular maintenance requirements for dams oper5 ated by the Bureau of Indian Affairs (hereafter in 

6 this Act referred to as the "Bureau"), unsafe Bu7 reau dams continue to pose an imminent threat to 

8 people and property; 

9 (3) many Bureau dams have operation and 

10 maintenance deficiencies regardless of their current 

ll safety condition classification and the deficiencies 

12 must be corrected to avoid future threats to human 

13 life and property; 

14 ( 4) safe working dams on Indian lands are nec15 essary to supply irrigation water, to provide flood 

16 control, to provide water for municipal, industrial, 

17 domestic, livestock, and recreation uses, and for fish 

18 and wildlife habitats; and 

19 (5) it is necessary to institute a regular dam 

20 maintenance pmgram, utilizing the expertise in the 

21 Bureau, Indian tribes, and other Federal agencies. 

22 SEC. S. DAM SAFETY OPERATION AND MAINTENANCE PR0-

23 GRAM. 

24 (a) ESTABLISHMENT.-The Secretary shall establish 

25 a dam safety operation and maintenance program within 

•HR 1428 m 
5 

3 

1 the Bureau to ensure maintenance and monitoring of the 

2 condition of each dam identified pursuant to subsection 

3 (c) necessary to maintain the dam in a satisfactory condi4 tion on a long-term basis. 

5 (b) REHABILITATION.-The Secretary shall perform 

6 such rehabilitation work as is necessary to bring the dams 

7 identified pursuant to subsection (c) to a satisfactory con8 dition. Upon the completion of rehabilitation work on each 

9 dam, the dam shall be placed under the dam safety oper10 ation and maintenance program established pursuant to 

11 subsection (a) and shall be regularly maintained under the 

12 guidelines of such program. 

13 (c) IDENTIFICATION OF DAMS.-

14 (1) DEVELOPMENT OF LIST.-The Secretary 

15 shall develop a comprehensive list of dams located on 

16 Indian lands that describes the dam safety condition 

17 classification of each dam, as specified in paragraph 

18 (2). 

19 (2) DAM SAFETY CONDITION CLASSIFICA20 TIONS.-The dam safety condition classification re21 ferred to in paragraph (1) is one of the following 

22 classifications: 

23 (A) 8ATISFACTORY.-No existing or poten24 tial dam safety deficiencies are recognized. Safe 
6 

4 

1 performance 1s expected under all anticipated 

2 conditions. 

3 (B) FAIR.-No existing dam safety defi4 ciencies are recognized for normal loading con5 ditions. Infrequent hydrologic or seismic events 

6 would probably result in a dam safety defi7 ciency. 

8 (C) CONDITIONALLY POOR.-A potential 

9 dam safety deficiency is recognized for unusual 

10 loading conditions that may realistically occur 

11 during the expected life of the structure. 

12 (D) PooR.-A potential dam safety defi13 ciency is clearly recognized for normal loading 

14 conditions. Immediate actions to resolve the de15 ficiency are recommended; reservoir restrictions 

16 may be necessary until resolution of the prob17 lem. 

18 (E) UNSATISFACTORY.-A dam safety de19 ficiency exists for normal loading conditions. 

20 Immediate remedial action is required for reso21 lution of the problem. 

22 (d) LIMITATION ON PRoGRAM AUTHORIZATION.-

23 Work authorized by this Act shall be for the purposes of 

24 dam safety operation and maintenance and not for the 

25 purposes of providing additional conservation storage ca-
7 

5 

1 pacity or developing benefits beyond those provided by the 

2 original dams and reservoirs. 

3 (e) TECHNICAL AsSISTANCE.-To carry out the pur4 poses of this Act, the Secretary may obtain technical as5 sistance from other departments and agencies. Notwith6 standing any such technical assistance, the dam safety 

7 program (established by the Secretary by order dated Feb8 mary 28, 1980, to prevent dam failure and the resulting 

9 loss of life or serious property damage) and the dam safety 

10 operation and maintenance program established under 

11 subsection (a) shall be under the direction and control of 

12 the Bureau. 

13 (f) CONTRACT AUTHORITY.-In addition to any other 

14 authority established by law, the Secretary is authorized 

15 to contract with appropriate Indian tribes (as defined in 

16 section 4(e) of the Indian Self-Determination and Edu17 cation Assistance Act (25 U.S.C. 450b(e))) to carry out 

18 the dam safety operation and maintenance program estab19 lished under subsection (a). 

20 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

21 There is authorized to be appropriated such sums as 

22 may be necessary to carry out this Act. 
8 

BACKGROUND ON IUl. 1426 

llldlu :o.m. s.rety Ad otlm 

PURPOSE 

Chairman Richardson introduced H.R. 1426 on March 18, 1993. The PUIJXISe of the 

bill is to provide for the maintenance of dams, which are located on Indian lands, by the 

Bureau of Indian Affairs or through contracts with Indian tribes. S. 442, which was 

introduced by Senator Bingaman on February 25, 1993, is the Senate companion bill. 

BACKGROUND 

Although the Safety of Dams Program (SOD) was established by Secretarial order 

within the Department of the Interior in 1980, the Bureau of Indian Affairs did not have a 

program or administrative organization in place until 1991. In 1989 a report prepared by 

the Office of the Inspector General in the Department of the Interior revealed that, 

throughout the 1980's, the Bureau of Indian Affairs (BIA) had not taken sufficient actions 

to .address safety concerns at 31 dams under its jurisdiction. 54 of the 300 dams 

administered by the BIA had structural problems which were classified as presenting high 

or significant hazards to human life and property in the event of a failure of a dam. Citing 

the BIA's inadequate progress in canying out the dam safety program, the Secretary of the 

Interior's fiscal year 1991 and 1992 budget requests proposed transferring BIA's program 

responsibilities to the Bureau of Reclamation. 

The Bureau of Reclamation is respollSlble for overall program coordination and 

develops standards, criteria, and guidelines for dam design and safety inspections. Individual 

Interior agencies are responsible for ensuring compliance with Reclamation's program 

requirements for the dams they manage. This includes inspecting dams for safety 

deficiencies and correcting any identified deficiencies. 

A 1992 report issued by the Government AccoUnting Office (GAO) assessed the 

BIA's overall progress in carrying out the SOD program activities. The GAO reported that 

tnbal government and the BIA had made significant progress over a two-year period in 

canying out dam safety program responsibilities. Congress had made additional funds 

available to support the program in fiscal years 1991 and 1992. The BIA had begun a 

corrective action process on 44 of the 54 dams cited in the 1989 report. The GAO found 

that the key factors contnbuting to the BIA's overall limited progress were: "(1) few staff 

resources, (2) BIA's decision to encourage tnbes to assume responsibility for canying out 

program activities under contracts authorized by the Indian Self-Detertnination and 

Education Assistance Act (P.l.. 93-638), and (3) the absence of a management information 

system to provide a basis for monitoring and directing program activities at the field level." 

Under the Department of Interior's SOD Program, dams are assessed for the hazard 

they pose and their safety condition is determined through Safety Eval~tion of Existing 

Dams (SEED) assessments. A dam's hazard classification is based on the dam's physical 
9 

2 

location relative to people and property downstream that would be at risk if the dam should 

fail: high, significant, or low. High and significant hazard dams undergo a SEED assessment 

to determine their safety classification. Safety deficiencies are physical conditions that can 

cause the sudden uncontrollable release of reservoir water through partial or complete dam 

failure. The dam's safety is classified as satisfactory, fair, conditionally poor, poor, or 

unsatisfactory. · 

In September 1992 the BIA submitted to the Senate a list of 69 dams within its 

jurisdiction considered to pose a high or significant hazard. Of the dams listed, 53 were high 

hazard, 15 were significant hazard, and 1 was low hazard. At that time the safety of dams 

classification for the physical conditions of: the 69 dams was as follows: satisfactory (5); fair 

(4); conditionally poor (14); poor (28) and unsatisfactory (5). Thirteen were unclassified. 

H.R. 1426 would statutorily mandate a dam safety operation and maintenance 

program in the BIA to ensure maintenance and monitoring of the condition of each dam 

identified. This would not only help to prevent future threats to loss of life and property, 

but would be cost effective in keeping down the cost of rehabilitation through monitoring. 

The bill lays out the following scheme for addressing the safety of dams: 

-Rehabilitation: H.R. 1426 requires rehabilitation work necessary to bring the dams 

to a satisfactory condition. 

-List of Dams: The bill authorizes development of a comprehensive list of dams which 

descn'bes the dam safety condition classification of each dam. 

• Teclmical Assistance: The bill authorizes the Secretary of the Interior to obtain 

technical assistance from other departments and agencies within the Department. 

-Contract Authority: The bill authorizes the Secretary of the Interior to contract with 

the appropriate Indian tn'bes (under P.L. 93-638) to carry out the dam safety 

operation and maintenance program. 
10 

SECI10N·BY.sEC'110N ANALYSIS 

OFB.R.l4U 

INDIAN DAMS 5.u'BTY Acr OF 1m 

SECllON L 11'IU: 

. Sec:tkm 1 cites the bill as the "Indian Dams Safety Act of 1993." 

SECllON l. IINDINGS 

Section 2 lets out the findiDp of the Conpea, includill& a fiDdina that the Secretary 

of the Interior hal identified S3 dama on Indian Iandi that praent a bisfl hazard to human 

life in the event of a failure, and that safe worldDs dama on Indian Iandi are necessary to 

supply irription water, to provide Oood control, to provide water for municipal, industrial, 

domestic, JiYeatock. and recreation uses, and for filh and wildlife habitats. 

SECllON 3. DAM SAFETY OPERA 'DON AND MAINTENANCE PROGRAM 

ESTABUSHMENT. Section 3 establilhes a dam safety operation and maintenance 

program within the Bureau of Indian Afrai.rs. Sublection (a) directs the Secretary to establish 

this program within the Bureau to el'IIUI'C maintenanc:c and mooitoring of the condition of 

each dam identified necessary to maintain the dam in a tatisfactory condition on a long term 

basis. 

REHABIUl"ATION. Subsection (b) directs the Secretary to first perform the 

rehabilitation work necessary to bring the dama identified to a tatisfactory condition. Upon 

completion of rehabilitation work, the dam shall be placed under the dam safety operation 

and maintenance program established pursuant to subsection (a) and shall be regularly 

maintained under the pidelines of such propam. 

IDENTIFICATION OF DAMS. Sublection (c) lets out procedures for identification 

of dams. Paragraph (1) directs the Secretary to de\lelop a list of dama located on Indian 

lands that describes the dam safety condition classific:ation of each dam. Paragraph (2) sets 

out the dam safety conditions clauificatiooa: "Satisfactory," "Fair," "Conditionally Poor," 

"Conditionally Poor: "Poor," and "Untatisfactory." 

I..JMrrATION ON PROGRAM AuniORIZATION. Subsection (d) places a 

limitation on the work authorized, providing that work authorized by this Act shall be for 

the purpDICS of dam safety operation and maintenanc:c and not for the purposes of 

pn:MdiD,s additional comerYation storage capacity or developing benefits beyond those 

provided by the orisinal dama and reseiWirs. 

TEOINICAL ASSISTANCE. Sublection (e) provides that the Secretary may obtain 

technical assistance from other departments and agencies. Tbilsublection also clari6es that, 

notwithstanding any such technical assistance, the dam safety program established by the 
11 

2 

Secretary in 1980 and the dam safety operation and maintenance program established under 

this Act sball be under the direction and control of the Bureau. 

CONTRACI' AUTHORITY. Subsection (f) authorizes the Secretary to contract with 

appropriate Indian tnbes (as defined in section 4(e) of the Indian Self· Determination and 

Education Assistance Act (25 U.S.C. 4SO(b))) to carry out the dam safety operation and 

maintenance program established under the Act. 

SECTION 4. AUTB.OR17A.110N OF APP'ROPRIA110NS. 

Section 4 authorizes for appropriation such sums aa may be necessary to carry out 

this Act. 
12 

Mr. RICHARDSON. I would like to recognize my distinguished Minority Member, the gentleman from Wyoming. 

STATEMENT OF BON. CRAIG THOMAS 

Mr. THoMAS. Thank you, Mr. Chairman. 

I appreciate you having this hearing, particularly because we do 

have some problems in Wyoming that fall into this category. 

I am very pleased to recognize two of our leaders from the 

Arapahoe and Shoshone Tribes. We are delighted to have you here. 

Certainly this is an important issue. Safe, working dams on Indian lands are necessary, particularly in the West for irrigation, for 

flood control from municipal water and wildlife, of course, all those 

things. 

Sixty-nine dams, as the Chairman points out, are in the BIA jurisdiction and pose a significant or high hazard. One of these is located on Wind River Reservation. I remind the Chairman, he was 

good enough to visit there this spring and saw the dam and saw 

the erosion of the dam surface and the signs of leaking and the 

sink holes. 

So I am very pleased we could have this hearing. I am pleased 

these folks could be here. 

Thank you, Mr. Chairman. I look forward to the testimony. 

Mr. RICHARDSON. I thank the gentleman. 

The gentleman is correct, I did visit that dam, in some of the 

most beautiful country that I have ever seen. 

I would like to welcome Mr. Patrick Hayes, Director of the Office 

of Trust and Economic Development, Bureau of Indian Affairs, Department of the Interior. He will be accompanied by Mr. Sam Miller, Chief, Division of Water and Land Resources, and Mr. Bernie 

Burnham, Acting Chief, Branch of Irrigation and Power. 

Mr. Hayes, welcome. You are a veteran in testifying before this 

Committee. You know our procedures. We ask that you summarize 

your statement. Please proceed. 

STATEMENT OF PATRICK BAYES, DIRECTOR, OFFICE OF 

TRUST RESPONSffiiLITIES, BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, ACCOMPANIED BY SAM MILLER, CHIEF, DIVISION OF WATER AND LAND RESOURCES, 

AND BERNIE BURNHAM, ACTING CIDEF, BRANCH OF IRRIGATION AND POWER 

Mr. HAYES. Thank you, Mr. Chairman, and good morning. Good 

morning to you and the Members of the Committee. I am pleased 

to be here this morning to present the views of the Department of 

the Interior on H.R. 1426, a bill to provide for the maintenance of 

dams located on Indian lands by the Bureau of Indian Affairs or 

through contracts with Indian tribes. 

I am accompanied today, as you recognized and mentioned, by 

Mr. Sam Miller, the Chief of our Division of Water and Land, and 

by Mr. Bernie Burnham, who is the Acting Chief of our Branch of 

Irrigation and Power. 

If you have no objection, Mr. Chairman, I intend to ask them to 

assist me in answering any questions which I may have difficulty 

with. 
13 

And as you also mentioned, I have a prepared statement which 

I have submitted for the record, and I would like to summarize. 

We appreciate the interest you have exhibited, Mr. Chairman, in 

the field of natural resources, by holding hearings on subjects of 

importance to us and to Indian people. It is through these hearings 

that attention can be focused on our concerns and we can work together to bring resolution to these long-standing problems. 

With some modifications, which are detailed in my written statement, Mr. Chairman, we can support the bill and the purposes for 

which it was intended. 

It might be useful, Mr. Chairman, if I spent just a moment talking about the current Safety of Dams Program of the Bureau of Indian Affairs. I would begin by saying that the Bureau of Indian Mfairs is a participating member of the Department of the Interior's 

Working Group on Dam Safety. This is a group chaired by the 

Commissioner of Reclamation, with representatives from all bureaus within Interior who are responsible for dam operations. 

Our charge is basically to be the forum where current dam safety 

operations are discussed and where policy and future needs can be 

addressed to assist in program accomplishment throughout the department. 

It is this group, Mr. Chairman, that establishes the technical priority rating. That rating lists in order from No. 1 to No. 388 all 

dams within Interior which carry a high or significant hazard po- tential. · 

The dam safety hazard classification is based solely upon the potential for direct loss to downstream life and property resulting 

from a dam failure. There are many Interior dams which are classified as low hazard in that they pose no significant hazard or threat 

due to their failure. But they do provide, oftentimes, substantial resource benefits. 

Within those 388 dams classified as high or significant hazard, 

the bureau has 24 in the top 50, an additional 22 in the next 50, 

seven in the next 50, and 17 in the remaining 238. 

Mr. Chairman, we have 69 dams in the Interior Dams Safety 

Program. There are basically two elements which are looked at 

when dam safety is measured. First, is the hazard potential, and 

second are the engineering evaluation factors. 

It is the hazard classification which gets everyone's attention because you talk about high hazard dams and significant hazard 

dams and low hazard dams. This is not, and I emphasize, not the 

condition of the dam. It is only a measure of downstream conditions or what the effect on life or property might be in the event 

of a catastrophic dam failure. 

The measure which assesses and assigns a rating to dam safety 

is the technical priority rating which evaluates dams based upon 

engineering evaluation factors. 

It uses measures such as seepage, hydrology, static stability, 

landslide potential and so forth. 

Mr. Chairman, in regard to H.R. 1426 particularly, I would like 

to emphasize a couple of the points made in my written testimony. 

We would urge that the bill impose the limitation and adopt the 

definition of dam found in the National Dam Safety Inspection Act 

of 1972. 

73-702 - 93 - 2 
14 

Generally, this means that for purposes of safety, a dam is a 

structure 25 feet or higher or impounding 50 or more acre feet at 

a depth of six or more feet. 

Further, we believe those structures need to be limited to those 

with a high or significant hazard. In Section 3 of the bill, Mr. 

Chairman, we believe the inclusion of an operation component detracts from the purpose of the bill. The bill is intended to provide 

for maintenance of dams and including operations may produce 

confusion. 

The same can be said for Section 3(b) where there is a provision 

for rehabilitation. The primary purpose of the bill is maintenance, 

and the inclusion of rehabilitation, which is construction oriented, 

may tend to confuse. 

We would suggest that section 4 be added to and clarified the extent to which maintenance expenditures may be considered reimbursable. 

In conclusion, Mr. Chairman, we believe that benefit could be derived from having a BIA-specific dam safety program. 

We believe safe dams are a vital part of tribal use of water resources and rights, and safe dams obviously minimize risk to people and their property and the Federal investment. 

In this regard the administration has in its fiscal year 1994 

budget request currently before the Congress a request for $18 million for dam safety construction and rehabilitation, and $2 million 

for maintenance. 

The maintenance request is a first time ever for the Bureau of 

Indian Affairs in response to a 1989 Inspector General audit fmding. 

Mr. Chairman, that concludes my summary statement. I would 

be happy to respond to any questions you or other members of the 

Committee may have. 

[Prepared statement of Mr. Hayes follows:] 
15 

STATEMENT OF PATRICK HAYES, DlRECTOR. OFFICE OF TRUST 

RESPONSIBnnlES, BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF 

TilE INTERIOR. BEFORE TilE SUBCOMMITIEE ON NATIVE AMERICAN 

AFFAIRS, U. S. HOUSE OF REPRESENTATIVES, ON H.R. 1426, A BllL "TT 

PROVIDE FOR TilE MAINTENANCE OF DAMS LOCATED ON INDIAN 

LANDS BY TilE BUREAU OF INDIAN AFFAIRS OR TIIROUGH 

CONTRACI'S WITH INDIAN TRIBES." 

July 2, 1993 

Mr. Chairman and Members of the Committee, I am here today to discuss H.R. 1426, 

a bill "To provide for the maintenance of dams located on Indian lands by the Bureau 

of Indian Affairs or through contracts with Indian tribes." 

We commend the Committee for its interest in improving the Safety of Dams 

Operations by the Bureau of Indian Affairs (BIA). The Department of the Interior 

has authority to address dam safety issues for the dams under its jurisdiction. We 

note that the Administration has proposed for FY 1994, to initiate a maintenance 

program for dams under BIA's jurisdiction and has included at least $2 million for 

maintenance to prevent further deterioration of existing systems and $18 million for 

the existing Safety of Dams Rehabilitation Program. This was proposed in response 

to IG concerns over deterioration of BIA dams. However, there could be advantages 

to having p distinct BIA dam safety program for maintenance. 

We could support H.R. 1426 if it were amended to restrict the scope of authorization 

to dams on Indian land, to focus on monitoring and dam safety maintenance. 

If the following issues are resolved, we believe H.R. 1426 would significantly 

contnbute to the productive development and use of water resources on Indian lands. 

H.R. 1426 would also contnbute to minimizing risk to people. property, and the 

Federal investment. 

The tide of the bill as well as language throughout the bill can be interpreted to mean 
16 

2 

that it is the intent of Congress for the Federal Government to provide maintenance 

of all dams located on Indian lands. At this time we believe there are approximately 

6,800 dams located on Indian lands. These dams range in sb:e from less than one 

acre-foot of water. storage to more than 800,000 acre-foot of water storage. Nearly all 

of these dams are small in sb:e and few present risk to public health and/or welfare. 

Therefore, we question whether Federal funds appropriated under this bill should be 

spent on these structures. We recommend that the structures covered by this bill be 

limited to those that fall under the definition of "dam" as defined in the "National 

Dam Safety Inspection Act of 1972" (Pub. L 92-367, 86 Stat. 506). This would 

include approximately 89 dams under BIA jurisdiction. Further we believe the 

structures included under this bill should be limited to those dams found to represent 

high or significant risk to life and/or property. This would include 69 of the 89 

aforementioned dams. This risk hazard finding should be made consistent with 

existing Bureau of Reclamation (BOR) Safety of Dams criteria which should also be 

referenced in H.R. 1426. 

Section 3 is titled "Dam Safety Operations and Maintenance Program. • The 

Department requests that the words "operation and" should be deleted from the tide 

as its inclusion indicates that it is the intent of the bill to provide appropriated 

funding for dam operations. This change should be made throughout this bill. 

Section 3 (b), as written, would commit the Secretaiy to perform rehabilitation on all 

dams on Indian lands. This commitment appears to be inconsistent with the intent of 

the bill in that it goes beyond maintenance and addresses rehabilitation. We 

recommend this section be deleted from the bill and the scope of the bill be limited 

to authorize Federal maintenance for safety purposes of bigb. and significant hazard 

dams under BIA jurisdiction. 
17 

3 

The Department suggests that Section 3 (c) (1) should be expanded to require that 

the list developed by the Secretary also include an indication of the hazard rating 

associated with the dams. On dams with high or significant hazard ratings a 

maintenance action plan for each dam and a prioritization of actions to be taken 

should be defined. 

We also suggest that at the end of Section 3 (d) following be added 'This Act is not 

intended to preclude development of increased storage or benefits under other 

authority". 

Section 4 should be expanded to clarify the specific intent of Congress where existing 

authority provides that dam maintenance funding is to be provided by the direct 

beneficiaries of the facility. This section should be amended to clarify the extent to 

which funds appropriated for safety of dams_ maintenance are to be considered 

reimbursable. 

This concludes my prepared statement I will be happy to respond to any questions 

that you or Members of the Committee may have. 
18 

Mr. RICHARDSON. Thank you, Mr. Hayes. 

The Chair recognizes the gentleman from Wyoming. 

Mr. THOMAS. Thank you, Mr. Chairman. 

Mr. Hayes, help me a little bit. I admit to not being real familiar 

with this proposition. Where does the expertise for dam maintenance and particularly the work on dam safety reside in the department? 

Mr. HAYES. The Bureau of Reclamation is the bureau recognized 

as possessing the primary responsibility for dam safety expertise 

within the Department of the Interior. However, Mr. Thomas, the 

other bureaus within Interior all have dams that are under their 

jurisdiction and control, and while we all may not be the experts 

within Interior, we all possess some degree of knowledge and capability in that regard. 

Mr. THOMAS. What do you look to the BOR to provide to you? 

Mr. HAYES. We have a Memorandum of Understanding (MOU) 

with the Bureau of Reclamation, and they provide for us the initial 

evaluation, which is called a SEED report. 

Mr. THOMAS. They go on the site and make this evaluation? 

Mr. HAYES. Yes, sir. They make the initial evaluation which is 

called, as I said, the SEED report, which is the Safety Evaluation 

of Existing Dams. 

Mr. THoMAS. As they would for their own dam? 

Mr. HAYES. That is correct. They do it on a cost-reimbursable 

basis. We pay the costs as they occur. 

As part of the Memorandum of Understanding between our two 

bureaus, in the event that Indian tribes do not enter into 638 contracts, Public Law 93-638 contracts, where the process is leading 

up to construction, we in turn through the MOU access the services 

and capabilities of the Bureau of Reclamation to assist us. 

Mr. THOMAS. I see. I guess I hope all of us are driven by the notion of how we do this most efficiently, and I guess I don't know 

the answer to that. But how many of the tribes are there? Do they 

move towards having the 638 contracts? Do most of them take care 

of their own dams, or does BIA still do that for the most part? 

Mr. HAYES. Of the dams that are the subject of this hearing, 56 

of the dams-that doesn't mean there are 56 tribes-but 56 of the 

dams have either contracted through the 638 mechanism or are in 

active negotiation to obtain a 638 contract. 

Eight of the dams located on reservations, those tribal governing 

bodies have declined to enter into 638 contracts, and we will provide the steps necessary to make the dams safe, and we will do it 

through the MOU process. 

Four dams are not in any sort of negotiation or active consideration at this time, primarily because there are no funds to begin 

addressing them. And one dam we don't have a SEED that is completed yet. 

Mr. THOMAS. So in a case where a tribe has jurisdiction or has 

taken-takes a 638 contract to do it, then you are actually out of the 

operation; is that right? They go directly to BOR? 

Mr. HAYES. Not entirely. The Bureau of Indian Affairs is still involved in the monitoring aspect of it. We are a partner, if you will, 

with the tribe, and whoever it is they choose as their contractor to 

do the work, be it BOR or some other independent contractor. 
19 

Mr. THoMAS. I see. I hope we can find some ways to move. Ap- parently it is a tedious job to get something moving. I hope it isn't 

too much bureaucracy. I hofe it isn't people insisting they get to 

sign off on the form and al that sort of thing. And I don't know 

that it is. I hope it is not that. 

I guess I must tell you I don't quite understand the role of BIA 

in this process. But maybe I will learn. 

Is there anything we can do to make it work more clearly, to 

make it work more quickly, to make it move to actually do something with the dams? Do you think there is too much burden of bureaucracy involved here? 

Mr. HAYES. I don't think so. It is a process, if you will be patient 

with me just a second here I can give us some indication of approximately how long the tasks take. 

These are just generalizations, of course, but from the time that 

a dam is first identified and a hazard classification assigned to it, 

from that point of time normally we would be dealing with essentially a five-phase activity. And the total amount of time is approximately 6¥2 years, plus or minus a little bit, total time of 81 

months. 

What we are looking at is to get the SEED examination, Safety Evaluation of Existing Dams, getting that examination done will 

take 9 months, before the other phases in the process. The next 

phase, you would go to a deficiency verification analysis, that will 

take about 11 months or a year. You would then get into the conceptual design, which is going to take about 10 months. Then you would have the final design of the dam, which is 12 months. And 

then the construction estimated at 36 months. 

Now, not all construction, obviously, is going to take the full 36 

months, so that time is backed down, oftentimes considerably. But 

that is just the general time that has been the experience, not only 

within the Bureau of Indian Affairs but also the Bureau of Reclamation, as to how long it takes to get these activities accomplished. 

Mr. THoMAS. Well, you are very kind to help me with this. As 

you can tell, I am just sort of generally frustrated with how long it takes to do things. And I think all of us, including you, that are 

in the agencies and so on ought to be seeking to find ways to make 

this thing move more quickly and efficiently, and sometimes I suspect that we build up some bureaucracies that spend a good deal 

of their time simply protecting their turf. I am not accusing you of 

that. 

Thank you, Mr. Chairman. 

Mr. RICHARDSON. I thank the gentleman. 

Last year, Mr. Hayes, you provided the Senate with a list of 69 

dams considered to pose a significant or high hazard. Of these 53 

were classified high hazard, 50 were significant hazard. 

What is the present situation in addressing the safety deficiency 

of these dams? Could you just give us an update on some of these 

classifications? 

Mr. HAYES. I would be happy to, Mr. Chairman. The activities 

as they are broken down within the numbers that you mentioned, 

Mr. Chairman, we have three that are currently within the preparation of a SEED report, Safety Evaluation of Existing Dams, the 
20 

initial step to all of it. We have three that are in that category. We 

have one of those dams that we are going to recommend breaching. 

There are 38 that are in the deficiency verification analysis phase. 

Seven are in conceptual design. Nine are in final design. And a 

few of those are fairly close to being ready to go to construction, 

lacking only the resources to begin the construction. We have five 

that are in construction, and five where construction is completed. 

I hope that totals 69. 

Mr. RICHARDSON. I think it does. What is the status of the $18 

million that you mentioned in your testimony for the fiscal year 

1994 rehabilitation programs? And could you provide us some information on how this program historically has been funded? 

Mr. HAYES. Yes, sir. Mr. Chairman, the $18 million that we have 

requested for fiscal year 1994, there is scheduled $10.9 million for 

construction at Ganado on the Navajo Reservation and Pablo dam 

on the Flathead Reservation, and $7.1 million distributed among a 

number of other dams to begin or continue efforts regarding the deficiency verification and the design work. 

I have a list of the particular dams. Do you want me to run 

through the list, Mr. Chairman? 

Mr. RICHARDSON. Why don't you submit those for the record. My 

main interest was over the years, has this been an authorized pro- gram? 

[The information follows:] 
BIA SAFETY OF DAMS PROGRAM Fti<:AI. fOil 1UO • ,, (U oC .1111y 1tU) 

21 

1.1100.000 110.000 ' 
22 
23 

Mr. HAYES. Yes, it has. It has been around for about a dozen 

years, 13 years, I believe. I believe it came into existence about 

1980, approximately. And the program has met with some success, 

and we have experienced a large number of difficulties. 

I believe the 1989 Inspector General audit report pointed out a 

number of those difficulties and a number of the shortcomings in 

the program. There was a subsequent General Accounting Office 

report which visited the same issue and wasn't quite as critical as 

our Inspector General's report was. However, it pointed out that we 

do continue to have problems. 

But the GAO indicated that we are making progress, we are 

moving forward, and the situation is not quite as bleak as what the 

Inspector General pointed out. We continue to be concerned about 

safety of dams on Indian reservations and continue to do what we 

can within our available resources to address those problems. The 

problems are fairly well documented in not only the I.G. report but 

also in the GAO report, Mr. Chairman. 

Mr. RICHARDSON. Now, you also made a suggestion in your testimony about Section 4. Could you elaborate a little bit on that? 

What are your recommendations on Section 4? 

Mr. HAYES. The recommendation, Mr. Chairman, deals with the 

suggestion that Section 4 needs to be expanded to clarify where 

and when dam maintenance funding may be repayable. 

I would ask Mr. Burnham, Bernie Burnham, to supplement that 

explanation, if I could, Mr. Chairman. 

Mr. BURNHAM. Mr. Chairman, we have irrigation projects, that 

have reservoirs as part of the irrigation infrastructure, and the legislative history of these irrigation projects provide that operation 

and maintenance (O&M) funds, are to be paid by the water users, 

the direct beneficiaries. 

We are concerned that we have statutes that define how these 

O&M costs are to be paid, as opposed to what might come under 

this bill, which could be controversial. We are asking that it be explained or clarified so that we wouldn't create a problem. 

Mr. HAYES. Mr. Chairman, if I might add to his supplement, in 

regard to safety of dams rehabilitation, or the construction appro- priations, there has been an ongoing question about whether or not 

those expenditures are reimbursable, and in the fiscal year 1994 

President's budget request we requested appropriation language to 

clarify that issue so that these funds will not be reimbursable. And 

we just don't want to get into the same situation relative to maintenance, for the maintenance part of it. 

Mr. RICHARDSON. On Section 3(d) of the bill, the suggestion you 

made about us adding language relating to increased storage, why 

do we need to do that? Are you aware of any tribes that need this 

increased storage capacity? 

Mr. HAYES. Yes, sir, I am. There is a tribe in Montana that the 

Deputy Commissioner for Indian Affairs last year, after some fairly 

extensive discussion with staff as well as with the tribe, authorized 

an increase in height to the dam as a part of the safety of dams 

activities. And that increase in height is or can be safety related, 

but at the same time it also increases the storage or it has the potential for increasing the storage. 
24 

We are concerned that there be language in there which does not 

unduly restrict the discretion, in this case, of the Commissioner of 

Indian Affairs, the decision-makers on how these monies may be 

expended. 

Mr. RICHARDSON. Is there increased authority needed? You have 

existing authority, but do we have to give you the storage capacity 

under another authority? 

Mr. HAYES. It is within existing authority. 

Mr. RICHARDSON. Within existing. Okay. Can you in the Safety of Dams Program allow for expansion of 

adam? 

Mr. HAYES. Within the existing authorities we think that the 

Commissioner of Indian Affairs or the Assistant Secretary has 

some discretion in there. And if it makes sense from a safety perspective, then I think that the decision-makers, the Commissioner 

and the Assistant Secretary, may authorize those expenditures, 

which has the result of increasing the storage capacity of that dam. 

Mr. RICHARDSON. So basically you support the bill, provided that 

we make the changes in Section 3 and Section 4; is that correct? 

Mr. HAYES. That is correct. As my written testimony points out, 

there are some concerns that we have expressed, but generally, Mr. 

Chairman, we support the bill and the concept and the purpose behind it. 

Mr. RICHARDSON. I thank you very much for appearing. 

Does my colleague have any further questions? 

I want to thank Mr. Hayes, Mr. Miller, and Mr. Burnham for 

coming this morning. We appreciate it. 

Mr. HAYES. You are welcome, Mr. Chairman. Thank you very 

much. 

PANEL CONSISTING OF HON. ROBERT E. LEWIS, GOVERNOR, 

PUEBLO OF ZUNI, NEW MEXICO; HON. VIRGINIA SUTI'ER, COCHAIRPERSON, NORTHERN ARAPAHOE BUSINESS COUNCIL, 

WIND RIVER RESERVATION, WYOMING; HON. FLOYD PHILLIPS, MEMBER, SHOSHONE BUSINESS COUNCIL; HON. RAY· 

MOND PARKER, JR., VICE CHAIRMAN, CHIPPEWA CREE BUSINESS COMMITTEE, ROCKY BOY'S RESERVATION, MONTANA; 

AND JOHNNIE FRANCIS, DIRECTOR, WATER DEVELOPMENT 

AND MAINTENANCE DEPARTMENT, NAVAJO NATION'S DIVI· 

SION OF NATURAL RESOURCES, WINDOW ROCK, ARIZONA 

Mr. RICHARDSON. I would like to welcome our second panel. The 

Honorable Robert Lewis, Governor, Pueblo of Zuni, New Mexico; 

the Honorable Virginia Sutter, Vice Chairperson, Northern 

Arapahoe Business Council, Wyoming, accompanied by Floyd Phillips, a Council Member; the Honorable Raymond Parker, Jr., Vice 

Chairman, Chippewa Cree Business Council, Montana; Mr. 

Johnnie Francis, Director, Water Development and Maintenance 

Department, Navajo Nation Division of Natural Resources. 

Ladies and gentlemen, please be seated. I will ask each one of 

you to summarize your statements and again, I welcome all of you. 

I know that my colleague has several of his constituents here, as 

I do. 

I would like to first welcome Governor Robert Lewis from the 

Pueblo of Zuni. 
25 

Governor, welcome. 

STATEMENT OF BON. ROBERT LEWIS 

Mr. LEWIS. Thank you, Mr. Chairman. 

My name is Robert E. Lewis. I am the Governor of the Pueblo 

of Zuni in New Mexico. I thank you and the Committee for giving 

me the time to testify on behalf of H.R. 1426, the Indian Dams 

Safety Act of 1993. 

We find H.R. 1426 very complete and well written in reference 

to any bureau dams that have operation and maintenance deficiencies, regardless of their safety condition classification presently, and which must be corrected to avoid future threats to life and 

property. 

Among the 53 dams identified on Indian lands that pose this 

threat, our Blackrock Dam is one in the top eight as very unsafe 

and virtually useless as a storage dam for irrigational purposes. 

Built over 80 years ago and not on a live stream, a 60-70 foot 

canyon is completely silt filled. The structure is three miles east 

and above the Pueblo. All tributaries that enter into the Zuni River 

from the south and northeast at flood times bring flood waters over 

the dam and on through the pueblo, creating a hazardous situation 

to life and property. 

To alleviate this situation of danger, Public Law 101-486, the 

Zuni Land Conservation Act of 1990, was enacted, which directs 

the Secretary of the Interior to establish a Trust Fund of $17 million, which would be invested to generate interest for the imple- mentation of a resource development plan. The final increment of 

$9 million has not been received. 

The repair of severely eroded reservation lands which contribute 

to the flooding problem that we describe in our testimonies will be 

implemented with monies from the Trust Fund. 

BOR has been given the responsibility of creating the deficiencies 

on the dam and the Army Corps the responsibility to work on the 

riverbed through the pueblo. The plan is due in September of 1993. 

Because we understand the problems that exist regarding unsafe 

dams in other places, the Pueblo of Zuni Tribal Council fully endorse the passage of H.R. 1426 and recommend Section 4, authorization of appropriations, denote specific yearly appropriated sums 

as necessary to carry out this act. 

I would be glad to answer any questions you may want to ask. 

Thank you. 

Mr. RICHARDSON. Thank you very much, Governor Lewis. 

The Chair recognizes the Honorable Virginia Sutter. 

STATEMENT OF BON. VIRGINIA SUTTER 

Ms. SUTTER. Thank you, Mr. Chairman and the panel. I appreciate the opportunity to testify on H.R. 1426. 

My name is Virginia Sutter, Co-Chairman of the Northern 

Arapahoe Tribe. With me is Mr. Floyd Phillips, a member of the 

Shoshone Business Council. Both tribes join in the testimony provided today. 

We support H.R. 1426, the Indian Dams Safety Act. The safety 

of our dams and their repair is a top concern of the tribes. We do, 

however, suggest a few changes to the bill. 
26 

We believe that Section 3(a) should be changed to provide more 

direction to the BIA by establishing safety standards equal to those 

for non-Indian dams and by requiring emergency action plans for 

all dams. 

Number two, we also believe that Section 3(b) and 3(c) should be 

amended to make it clear that the BIA should proceed immediately 

to correct problems at the 53 dams with identified safety problems. 

Second, the Secretary should be required within six months to 

provide a funding request to Congress with the amount necessary 

to complete repairs on these dams within the next five years. 

Also Section 3(d) should be amended to allow up to 20 percent 

of the cost of the project to relate to nonsafety benefits. In addition, 

if a new structure also will resolve safety problems at an old structure, the cost of fixing the old structure's safety problems should 

be applied to the new or enlarged structure. 

We believe that these changes will strengthen the current bill 

and make it address all the needs on the reservation. 

For example, on our Washakie Dam we have trees growing out 

of the dam. When you visited our reservation, Mr. Thomas, Mr. 

Richardson, you saw the trees growing out of Washakie Dam. As 

you are aware, trees have enormous root systems. When the tree 

itself decays, the root system creates a channel for the water to follow. This basically creates a hole in the dam which could result in 

a dam failure. 

There are several other problem areas from the foundation to the 

spillways which are cause for concern. The exact problems are 

spelled out in the written testimony submitted. 

These problems with the dam create a huge emotional burden for 

our members of the tribe. Most of our members and many non-Indians live below the dams. Our members, especially the elderly living 

directly below the dam are constantly worried that there will be a 

failure in the dam and they will be wiped out as far as property 

and lives are concerned. 

Our experience with establishing an emergency action plan illustrates the problem and the need to implement them for all dams 

as a routine matter. Our dams should have had emergency action 

plans since the day they were built. When this crisis first came to 

the council, we learned there was no emergency action plan in 

place as should have been developed at the beginning of the dam's 

construction. 

There have been problems with the Washakie Dam since it was 

first time built in 1935. An active emergency planning was only implemented this year. That caused concern to our people because 

they saw the police being involved, they saw some of the emergency 

equipment being involved, they became very concerned because 

they believed this to be an immediate crisis of the day. 

The reason that it was implemented so late, we do not know. But 

the residents became aware not only of the need for such a plan 

but are now afraid that each rainstorm, the dam will fail. We have 

calls daily, Is the dam okay? This is a real concern for us as a business council. Had such a plan been implemented when the dam 

was constructed, the cause for concern, which is real, would not 

have been blown out of proportion as it is today. 
27 

Two weeks ago today, when there was extensive rains on the reservation, the business council went up to the dam site for inspection. We took a boat out on the reservoir and looked at the potential problem areas. There were problems with the foundation works 

out to the spillways. The very fact that the joint business council went to the dam had 

a number of people upset because they assumed there was a very difficult problem there, and a major problem. 

While as elected leaders we can try to assure the people we are 

doing everything we can to protect their safety, the residents of our 

reservation are not going to sleep comfortably until these dams are 

repaired. Problems at the dams are real problems and they affect 

the daily lives of our tribal members. 

In summary, we support H.R. 1426 with amendments to provide 

clear direction to the BIA to provide prompt correction of identified 

problems and to provide flexibility to allow us to solve other damrelated problems when the safety problems are addressed. 

Again, the tribes appreciate this opportunity to present their 

views on H.R. 1426, the Indian Dams Safety Act of 1993. The 

tribes urge prompt passage of this act so that our severe safety 

problems can receive the kind of attention which they deserve. 

And I would like to pass this on to Mr. Phillips. He has a few 

comments to make. 

[Prepared statement of Ms. Sutter follows:] 
28 

SUBCOMMITTEE ON NATIVE AMERICAN AFFAIRS 

OF THE COMMITTEE ON NATURAL RESOURCES 

HEARING ON H.R. 1426, INDIAN DAM SAFETY ACT OF 1993 

Mr. Chairman: 

Testimony of the 

Shoshone and Northern Arapaho Tribes 

of the Wind River Reservation 

I would like to thank you for the opportunity to present the 

views of the Shoshone and Northern Arapaho Tribes on H.R. 1426, the 

Indian Dam Safety Act of 1993. My name is Virginia Sutter and I 

am the Co-Chairman of the Northern Arapaho Business Council of the 

Wind River Reservation. I have with me today Floyd Phillips, a 

member of the Shoshone Business Council, whose Tribe shares the 

Wind River Reservation with my Tribe. My testimony is joined in 

by the Shoshone Tribe. The Tribes appreciate the Chairman's 

introduction of H.R. 1426, a much needed piece of legislation 

addressing a very serious problem on reservations. We also would 

like to thank Mr. Thomas for suggesting our Tribes as witnesses on 

this important issue. 

The failure of the Bureau of Indian Affairs to properly 

maintain, construct, and repair dams on our Reservation causes both 

economic and social problems for our members and other residents 

of our Reservation. We have two dams with significant safety 

problems, Ray Lake dam and Washakie dam. While these dams are not 

extremely large by non-Indian standards, they are very important 

to our Tribes. The dams provide flood control, irrigation water, 

and municipal water. 

Problems at Ray Lake dam include cracks in the earthen 

structure, extensive erosion from wave action, inadequate spillway 

capacity, and deteriorating concrete structures. While the 

problems at Ray Lake dam are serious, our problems with Washakie 

dam are critical. 

Safety problems at Washakie dam have been identified since at 

least 1935, shortly after the reservoir was first filled. The 

critical problems at Washakie dam include uncontrolled seepage and 

high foundation pore pressures beneath the main embankment, the 

inability of the dam to accommodate floods greater than 47% of the 

probable maximum flood, the hydraulic inadequacy of the service 

spillway for floods larger than 32% of the probable maximum flood, 

the possibility of dike no. 2 failing due to discharges from the 

spillway eroding the toe of the dike, and the static stability of 

the dikes. In addition, other problems need to be corrected such 

as control of seepage under and around the spillway, improvements 

1 
29 

to the upstream slope to improve dynamic stability, and reducing 

erosion potential of the spillways and outlet works. 

While these are technical descriptions of the problem, a practical description of the safety issues is appropriate. First, 

there are trees growing out of our dam! As the Congressmen are aware, trees have very substantial root systems and when a tree 

dies the roots decay. If a tree is allowed to grow on a dam such as in our case, the potential for failure is increased enormously. 

Should the tree die and the roots decay, there will then be 

channels for the water seeping through the dam to follow. This 

results in erosion and possible failure of the dam. our trees are currently alive, but waiting another 57 years to fix the problem is no longer an option. 

Second, each year a sand bar forms on the downside portion of 

the dam. This sand bar is formed by water migrating through the 

dam structure and carrying particles of the dam with it. While we closely monitor this problem, the only real solution is to fix the 

structural problems. Only recently has work been undertaken to 

correct these problems at the dam. 

The safety problems cause economic and social concerns for 

the Tribes. Economic concerns arise because the dams must be 

managed to control existing safety problems and to prevent new safety problems. This needed management program at times conflicts 

with the need for water for irrigation and municipal uses. Fort 

Washakie and Ethete, our main Indian communities, both rely on water which passes through Washakie dam for their drinking water. 

These problems could be remedied with a properly repaired and 

maintained facility. 

The social cost may be even higher. The majority of our Tribal members live below Ray Lake dam and Washakie dam. Through 

implementation of our emergency action plan, the community is more fully educated about the conditions at the dam. Many of our residents are constantly worried every time it rains or there is 

increased snow melt that the dam is going to fail. We spend a considerable amount of our time as Tribal leaders answering questions of Tribal members about the dam and trying to assure our members that the Tribes are taking all reasonable steps to get the 

problems at the dams resolved. You cannot imagine the stress it 

puts on some of our people with the constant worry that the dam 

just upstream may someday fail. While we are doing all that we can through daily monitoring by our Tribal Water Engineer's Office and 

strict management of the reservoir through the Bureau, the peace of mind for our residents will not be restored until the identified 

repairs are completed. 

As an example, the Joint Business Council last week went to 

Washakie dam to observe the annual safety inspection. When word 

spread through the community that the Business council members had 

2 

73-702 - 93 - 3 
30 

all gone to the dam, people began assuming and questioning whether a new problem had occurred at the dam or whether the dam was in 

danger of failing. This preoccupation with the safety of the dams 

places unneeded stress on our people who already must deal with 

poor living conditions and high unemployment. 

If the dam is not repaired, the chances of a failure will 

likely increase over time. Any failure has a chance of resulting in loss of life and significant property damage. Shutting down the 

dam is not an option. The dams provide both irrigation water and 

municipal water which are critical to the meager economy of the 

Reservation. Without the dams, several Indian and non-Indian 

farmers will be put out of business. While the non-Indian may choose to move, the Reservation is our homeland and we need it to 

provide a viable living for our Tribal members. 

our familiarity with not one, but two dams with safety problems, cause us to be enthusiastic about H.R. 1426. We believe 

that the bill provides some very needed direction to address a life-threatening problem on Indian reservations. However, we do 

have a few suggestions for changes to the proposed legislation. 

In section 3{a), the Subcommittee should consider requiring the Bureau's dam safety operation and maintenance program to meet 

the minimal levels applied to other federally operated dams. If we had received the level of resources and expertise devoted to 

non-Indian dams in the past, we would not be experiencing our current problems. Our experience with the Bureau in the past has 

indicated that more specificity in legislation is appropriate to ensure proper implementation of Congress' directions. The safety 

program for each dam also should be required to implement and 

regularly test an emergency action plan with required consu~tation 

and participation with the Tribe and local residents. 

The interaction of Section 3 (b) and 3 (c) causes us some concern. Washakie dam in particular has been identified for years as having serious safety problems and is probably one of the top 

ten dams in need of repair. We are concerned that the Bureau may delay rehabilitation work until it has completed the comprehensive list required by Section 3 (c). Our people have waited long enough, repairs need to proceed quickly. Because many of the dams with the 

most critical problems have been identified, we suggest that the 

Secretary be directed to proceed with rehabilitating immediately the 53 dams identified in Section 2 that "present a high hazard to 

human life in the event of failure." We further suggest that the 

Secretary be required to provide a fundinq request to congress within six months for bringing these dams, including Washakie and 

Ray Lake on the Wind River Reservation, up to appropriate safety standards within the next five (5) years. our experience suggests that a five (5) year period is appropriate for identifying the 

extent of the safety problems, preparing alternative solutions, 

preparing final designs, and starting actual construction. 

3 
31 

our Tribes also believe that additional funding needs to be 

allocated to meet the needs of the dam safety program. The costs 

of providing repairs to our dams is high. We estimate 

approximately $10 million between Washakie and Ray Lake dams. We can not afford to have these funds come out of education, economic 

development, or social programs within the Bureau of Indian 

Affairs. Most of the dam maintenance and safety work on non- Indian dams is subsidized by the federal government through 

hydropower revenues. Therefore, those who benefit in the local 

non-Indian community bear little if any of the burden of the costs 

of a dam. Our Tribes should be placed on at least equal footing. 

We not only have lived with the threat to human life for years, our irrigation and municipal water supplies have been adversely 

affected by the operations of the dams. We strongly urge that the 

funds to repair these life threatening dangers not be taken from 

economic, education, and social programs which, if reduced beyond 

their current meager funding, would be equally as life-threatening. 

We appreciate the concern in Section 3 (d) that the funding for 

this very important safety program established in H.R. 1426 not be 

diverted to other reservoir related uses. However, we believe that 

Section 3(d) is too restrictive. Most, if not all, of the Indian 

irrigation projects have never been completed. In addition, the 

water available to these projects is either taken for non-Indian 

projects or is incapable of being regulated as to time or place of 

delivery. To address these problems with a dam structure after the 

dam safety problems have been corrected will create unnecessary 

duplication of work, increased costs, and unfair delays. on some projects, the cost of addressing related water management concerns at the same time as fixing the safety problems only results in a 

small incremental cost, but has in a large benefit. We suggest 

that Section 3(d) be amended to provided that no more than 20% of 

the costs of repairs under this program may be devoted to other 

water related management concerns. In addition, this section 

should be amended to provide that, if a new storage project would, 

as part of its construction, solve the existing safety problems at an old structure, the funds allocated to correcting such safety 

problems should be available for use in the new storage project. 

Moreover, any benefits beyond those of correcting safety problems 

should directly benefit the Indians on the reservation. 

Again, the Tribes appreciate this opportunity to present their 

views on H.R. 1426, the Indian Dam Safety Act of 1993. The Tribes 

urge prompt passage of this act so our severe safety problems can receive the kind of attention which they deserve. 

4 
32 

Mr. RicHARDSON. Mr. Phillips, please proceed. 

Before you do, let me thank both you and Vice Chairperson Sutter for being such gracious hosts during our visit to the dam and 

to the community. 

STATEMENT OF FLOYD PHILLIPS 

Mr. PHILUPS. Thank you, Mr. Chairman. 

I want to thank you for allowing me to testify on H.R. 1426. My 

name is Floyd Phillips. I am a member of the Shoshone Business 

Council. The Shoshone Tribe concurs with what Co-Chairperson 

Sutter has stated. 

Some of the comments I would like to make today are that Congress needs to provide additional funding for the dam safety program. And as an example, Washakie and the Ray Lake repairs will 

cost approximately $10 million. This funding should not come out 

of economic development, education, social services, or other BIA 

programs. These programs are already short of funding. 

H.R. 1426 needs to be amended to allow flexibility for solving 

other dam-related problems. Up to 20 percent of the cost of the 

dam repair project should be allowed for non-safety benefits. Resolving safety and non-safety problems separately will create an 

unnecessarily and fiscally irresponsible duplication of funding. In 

addition, the cost of correcting the safety problem should be applied 

to the new project. 

Correcting dam and safety problems is a high priority for the 

tribe and they should be addressed in a manner that is cost effective. H.R. 1426, with the proposed changes, will resolve the safety 

problems in a practical matter. 

I thank you for this opportunity to testify. Mrs. Sutter and myself are available to answer any questions that you may have. 

Thank you. 

Mr. RICHARDSON. Thank you very much, Councilman. 

The Chair recognizes the Honorable Raymond Parker, Vice 

Chairman, Chippewa Cree Business Council, Montana 

STATEMENT OF HON. RAYMOND PARKER, JR. 

Mr. PARKER. Thank you, Mr. Chairman and members of the committee. My name is Raymond Parker, Jr. I am Vice President of 

the Chippewa Cree Business Council for the Chippewa Cree Tribe 

located in Montana. It is an honor to present the views of the Chippewa Cree Tribe ·on H.R. 1426, the Indian Dams Safety Act of 

1993. I will highlight most of our testimony. 

The Chippewa Cree Tribe was one of the first tribes in the country to enter into a Public Law 93-638 contract for the Safety of 

Dams Project through the Bureau of Indian Affairs. The Bonneau 

Dam project is located in Rocky Boy's Reservation about 20 miles 

southwest of Havre, Montana. The dam was designed and constructed in 1939 and 1940 by the United States Indian Service, 

which is presently known as the Bureau of Indian Affairs. 

The overall safety dams classification of Bonneau Dam is poor. 

Assuming a 50-year remaining life, there is a 63 percent probability or approximately a two out of three chance of the dam 

overtopping and failing within its remaining life. 
33 

Presently three dams in the Rocky Boy's Reservation have been 

classified as significant or high hazard dams and are the only dams 

shown on the BIA's inventory list. The tribe conducted an additional inventory and located six more dams that could qualify for 

BIA's Safety of Dams Program. None of the six dams are presently 

on the BIA inventory, and there has been absolutely no work of 

any kind done on those dams, which all were built by the United 

States Government. The neglect of these dams includes routine 

O&M. 

H.R. 1426 will provide an excellent startup, operating and maintaining dams and correcting O&M deficiencies of dams located on 

Indian reservations. There are, however, other important areas and 

issues related to dams on Indian reservations that should be addressed in this bill. 

H.R. 1426 is somewhat limited in scope and should be slightly 

expanded. We made some observations about the bill. I will reference some of the most important points. 

The bill states that 53 dams have been classified as high hazard 

dams. However, inventories of dams on Indian reservmions need to 

be completed, and for that reason the provisions of Section 3 are 

very important. 

The tribe is positive that other dams will be reclassified and 

identified. The many problem dams in Indian country, they will 

show up in inventories when the inventories are completed. 

H.R. 1426 states "rehabilitation shall be performed to bring dams 

to a satisfactory condition." However, it is not always clear whose 

standards one is supposed to follow in determining what is satisfactory. There may be some further discussion on this matter. 

Another concern we have with the present program is that there 

are no clear guidelines for managing an SOD contract. The only 

real fundamental problem we have with the legislation is found in 

Section 3(d), which would statutorily prohibit any SOD money from 

being used for additional storage or for developing benefits at identified dams beyond those originally intended. This action therefore 

limits dam work to rehabilitation and O&M only. 

The BIA has generally followed the practice of not using SOD 

funds for enlargement of dams, but this has been simply a practice. 

We are unaware of a rule, regulation or law which would outright 

prohibit it. We do not understand the wisdom of such a prohibition, 

and we have an example of how such an provision would have 

worked for the Chippewa Cree Tribe had it been in law a year ago. 

We have a desperate need for additional storage at Bonneau 

Dam as we lose a significant amount of water during the annual 

spring runoff without more storage capacity. It simply runs down 

the river. 

Additionally, we are in the middle of a water rights negotiation 

with the State of Montana. It is significantly to our benefit if during the course of our negotiations we can show the State that we 

have both the need and the ability to store more water. 

Finally, there are in fact sound ideological reasons for adding to 

the height of the dam and therefore potentially adding storage as 

part of the dam rehabilitation. For example, adding to the height 

of the storage could reduce the potential of a flood. 
34 

We understand the Bureau of Reclamation, adding to the height 

and storage capacity of the Buffalo Bill Dam in Wyoming, used a 

similar rationale. It will cost the Federal Government much more 

money if we were to undertake the needed rehab with SOD money 

and then come back separately to access other BIA funds, presumably the irrigation construction account, which has very little 

money in it for the expansion of the dam. 

This would require two separate designs, conceptual design and 

final design, and two separate construction contracts. We could 

save hundreds of thousands, if not billions, if we could do these two 

items together. 

Last year the Deputy Commissioner of BIA agreed with us on 

this matter, because we could both rehab and add to the storage 

of a dam at a very minimum cost beyond what rehab would cost. 

If approved, our request would be to make an exception to what 

had been general practice and allow us to do the expansion and 

rehabs simultaneously with SOD dollars. We think it is very important to preserve this discretionary authority of the Secretary and 

its Commissioners to approve the use of SOD funds in situations 

like ours. 

We understand the need not to turn the SOD program into a 

major construction program. But we think the bill goes too far in 

the other direction. We would be pleased to have our staff work 

with the alternative language. 

Without water there will be no life, because nothing can exist 

without water. Whether it is in the confines of this bill or another, 

we do think Congress needs to ensure that the funds are made 

available to tribes for dam construction and enlargement of the existing dams. They simply must have enhanced potential to hold, 

store, capture and utilize water. Funds and clear authorization are 

needed to maximize and develop additional storage of water in Indian reservations. 

We think it would be important for the bill to contain a section 

that would require the BIA to report to the congressional authorizing and appropriating committees on a twice-a-year basis as to 

where they stand in assessing and rehabilitating dams on Indian 

reservations. Part of this report must include updated cost estimates on repair of each dam as it goes through the design and construction phase. 

We are quite concerned that the BIA and the Interior Department are not requesting significant funds now that many of the 

SOD projects around the country are reaching the construction 

phase. 

BIA is nickel and diming the program. I am sure we will later 

hear that the program is not being well run. But you can't run a 

construction program on these types of minimal budgets and expect 

good results. 

This concludes my testimony, and I thank you. I thank the Committee for holding this hearing and soliciting the views of the Chippewa Cree Tribe. 

[Prepared statement of Mr. Parker follows:] 
35 

The Chippewa Cree Tribe of the Rocky Boy's Re•vaU• 

Phone: (406)-395-44 78 or 4210- Finance Office 

(406)-395-4282 or 4321 -Business Committee 

Rocky Boy Route, Box 544 

Box Elder, MT 59521 

TESTIMONY OF THE CHIPPEWA CREE BUSINESS COMMITTEE 

PRESENTED BY VICE CHAIRMAN RAYMOND PARKER, JR. 

TO THE SUBCOMMITTEE ON NATIVE AMERICAN AFFAIRS 

OF THE COMMITTEE ON NATURAL RESOURCES 

ON H.R.1426 

THE INDIAN DAMS SAFETY ACT OF 1993 

UNITED STATES HOUSE OF REPRESENTATIVES 

JULY 2,1993 
36 

Mr. Chairman and Memberll of the Committee, 

It is an honor to present the views of the Chippewa Cree Tribe of the Rocky Boy's 

Reservation on H.R. 1426, the Indian Dams Safety Act of 1993. 

Present Status of Safety of Dams Activity on Rocky Boy's Reservation 

The Chippewa Cree Tribe was.one of the first tribes in the country to enter into a P.L 93-

638 contract for the Safety of Dams Project through the Bureau of Indian Affairs. The 

Bonneau Dam Project is located in Rocky Boy's Reservation about 20 miles southwest of 

Havre, Montana. Tbe dam was designed and constructed in 1939 and 1940 by the United 

States Indian Service, which is presently known as the Bureau of Indian Affairs. The overall 

Safety of Dams classification of Bonneau Dam is "POOR". This classification is assigned 

due to the severe hydrological inadequacy of the facility. The dam will be overtopped by an 

approximately 50-year return interval flood. Failure upon overtopping is highly probable for 

this small earthftll embankment. Assuming a 50-year remaining life, there is a 63 percent 

probability, or approximately a 2 out of 3 chance, of the dam overtopping and failing within 

its remaining life. Other dam safety issues identified in Rocky Boy's include the potentially 

inadequate static and seepage stability of the embankment and the uncertain condition of the 

outlet work. 

Overall Safety of Dam Needs on Rocky Boy's Reservation 

Specifically, the needs regarding dam safety on the Rocky Boy Reservation are supported by 

the following information: 

Presently, three (3) dams on Rocky Boy's Reservation have been classified as significant or 

high hazard dams and are the only dams shown on the BIA's inventory list. The Tribe 

conducted an additional inventory and located six (6) more dams that could qualify for the 

BIA's Safety of Dams Program. None of the six dams are presently on the BIA inventory 

and there has been absolutely NO work of any kind done on or with those six dams all of 

which were built by the United States govermnent. The neglect of the dams includes routine 

Operation and Maintenance (0 & M). 

One of the three Rocky Boy's Reservation dams in the BIA inventory had final designs 

completed on correcting safety of dam deficiencies. Costs for correcting the deficiencies are 

estimated to exceed $10,000,000 and this does not include any 0 & M costs. This one dam 

gives an idea of the extent of "other" problems that are associated with darns which need to 

be corrected. 

The Tribal Perspective of H.R. 1426 

H.R. 1426 will provide an excellent start on operating and maintaining dams and correcting 

0 & M deficiencies of darns located on Indian Reservations. There are, however, other 

important areas and issues related to dams on Indian Reservations that should be addressed 
Chippewa Cree Tribal Testimony 

H.R. 1426 -- July 2, 1993 

Page 2 

37 

in this bill. H.R. 1426 is somewhat limited in scope and should be slightly expanded. We 

make the following observations about the bill. 

The bill states that 53 dams have been classified as high hazard dams. However inventories 

of dams on Indian Reservations need to be completed and for that reason the provisions of 

Section 3(c) are very important. The Tribe is positive that other dams will be reclassified and 

will identify the many problem dams out in Indian Country. This will show up when 

inventories are completed. 

There are safety deficiencies that need to be corrected on almost all Indian Reservation dams. 

A majority of these dams were built in the 1930s and 1940s before structure standards were 

required and there are no plans or drawings for many of these dams. 

H.R. 1426 states rehabilitation shall be performed to bring dams to a satisfactory condition. 

However, it is not always clear whose standards one is supposed to follow in determining 

what is "satisfactory." There may need to be some further discussion on this matter. Another 

concern we have with the present program is that there are no clear guidelines for managing 

a SOD contract. We have found the BIA in the Billings Area Office to be extremely 

arbitrary in how they have dealt with us. Our concern about suggesting the adoption of 

guidelines is that it would probably take the BIA five years to come up with guidelines and 

we would hate to see the program put on hold while that happens. 

The only real fundamental problem we have with the legislation is found in section 3(d) 

which would statutorily prohibit any SOD money from being used for additional storage or 

for developing benefits at identified dams beyond those originally intended. This section 

therefore limits dam work to rehabilitation and 0 & M only. The BIA has generally followed 

the practice of not using SOD funds for enlargement of dams but this has been simply a 

practice, we are aware of no rule, regulation or Jaw that would outright prohibit it. 

We do not understand the wisdom of making such a prohibition statutory and we have an 

excellent example of how such a provision would have worked to the detriment of the 

Chippewa Cree Tribe had it been Jaw a year ago. We have a desperate need for additional 

storage at Bonneau Dam as we Jose a significant amount of water during the annual spring 

runoff that, without more storage capacity, simply runs down the river. Additionally, we are 

in the middle of water rights negotiations with the state of Montana. It is significantly to our 

benefit if, during the course of our negotiations, we can show the state that we have both the 

need and the ability to store more water. Finally, there are in fact sound hydrologic reasons 

why adding to the height of the dam (and thereby potentially adding storage) is part and 

parcel of dam rehabilitation. For instance, adding to the height and storage could reduce the 
Chippewa Cree Tribal Testimony 

H.R. 1426 -- July 2, 1993 

Page 3 

38 

potential of a flood. We understand that the Bureau of Reclamation added to the height and 

storage capacity of the Buffalo Bill Dam in Wyoming using similar rationale. It would cost 

the federal government much more money if we were undertake the needed rehab of Bonneau 

Dam with SOD money and then come back and separately access other BIA funds -

presumably the irrigation construction account (which never has any money in it) - for the 

expansion of the dam. This would require two sets of engineering drawings (conceptual 

design, final design, etc.) and two separate construction contracts. We could save hundreds 

of thousands (if not millions of dollars) if we could do these two items together. Last year, 

the Deputy Commissioner of the BIA agreed with us nn this matter and - because we could 

both rehab and add to the storage of Bonneau Dam at very minimal costs beyond what rehab 

only would cost - he approved our request and directed the Billings Area Office to make an 

exception to what had been general practice and allow us to do expansion and rehab 

simultaneously with SOD dollars. We think it is very important to preserve this discretionary 

authority of the Secretary (and/or Commissioner) to approve the use of SOD funds in 

situations like ours. We understand the need not to tum the SOD program into a major 

construction program but we think the bill goes too far in the other direction. We would be 

pleased to have our staff work with yours on alternative language. 

Without water there is nothing - there will be no life because nothing can exist without 

water. Whether it is within the confines of this bill or another, we do think the Congress 

needs to ensure that there are funds made available to tribes for dam construction and the 

enlargement of existing dams. Tribes simply must have enhanced potential to hold, store, 

capture, and utilize water. In order to do so, funds and clear authorization are needed to 

maximize and develop additional storage of water on Indian Reservations. 

The Chippewa Cree Tribe commends the sponsor of the bill for keeping the SOD program 

within the BIA During the last Administration there was a concerted three year effort by the 

Bureau of Reclamation to have the BIA's SOD program transferred to the BOR. Since the 

BOR is sometimes now known as an agency without a mission we understand that they are 

anxious to create work but we were pleased that the Congress blocked that proposed transfer 

for three years in a row. While the BOR certainly has technical capabilities that are useful 

to tribes in the SOD arena, and while many tribes that contract from the BIA for SOD are 

in fact subcontracting some work (i.e., design) to BOR, we would not want to see BOR come 

into a policy making role on Indian reservations which is what would have happened if they 

had been allowed to take over the program. BOR has as its main constituency, non-Indian 

irrigation districts. Those districts frequently compete with Indian tribes for water. BOR 

would therefore be in a serious conflict of interest situation if they were to be making 

decisions about how much water a tribe could store when they are representing interests who 

covet that same water. BOR sbould be an entity to whom the tribes and the BIA can tum 
Chippewa Cree Tribal Testimony 

H.R. 1426 --July 2, 1993 

Page 4 

39 

to for technical assistance but their role should not go beyond that. We think the bill is well 

drafted in that regard. 

We would recommend an addition to the bill. We think it would be important for the bill to 

contain a section that would require the BIA to report to the congressional authorizing and 

appropriating committees on a twice a year basis as to where they stand in assessing and 

rehabilitating dams on Indian reservations. Part of this report must included updated cost 

estimates on the repair of each dam as it goes through the design and construction phase. We 

are quite concerned that the BIA and the Interior Department are not requesting sufficient 

funds now that many of the SOD projects around the country are reaching the construction 

phase. When the BOR was attempting to take over SOD they were proposing - with the 

Department's blessing - funding levels far in excess of what the BIA has asked for in FY 93 

and FY 94. In FY 94, the BIA has only requested $10.8 million in construction costs for two 

darns and Bonneau Dam, which is estimated to cost $8-10 million alone, is not one of the 

two. As usual, the BIA is nickel and diming a program and I am sure we will later hear that 

the program is not being well run but you can't run a construction program on these type of 

minimal budgets and expect good results. The Department should have allowed the BIA to 

submit the same levels of budget requests as they allowed the BOR to propose. The FY 94 

and FY 95 SOD budgets must be changed to reflect the realities of construction costs. 

This concludes my testimony and I thank the Committee for holding this hearing and 

soliciting the views of the Chippewa Cree Tribe. 
40 

Mr. RICHARDSON. Thank you very much, Mr. Parker. 

The chair recognizes Mr. Johnnie Francis. 

STATEMENT OF JOHNNIE FRANCIS 

Mr. FRANCIS. Thank you, Chairman Richardson and distinguished members of the Subcommittee. 

The Navajo Nation appreciates this opportunity to comment on 

H.R. 1426, the Indian Dams Safety Act of 1993. My name is 

Johnnie Francis. I am Director of the Water Development and 

Maintenance Department of the Navajo Nation's Division of Natural Resources. 

On behalf of the Navajo Nation, we support H.R. 1426 because 

it would provide much needed support and assistance to upgrade 

the 12 major dams on the Navajo reservations that are in need of 

desperate repairs. This legislation will also restore fully the dam 

operations and maintenance programs whose defunding by the Bureau of Indian Affairs led directly to the critical dam safety problems we now face. 

The Navajo Nation holds sovereign jurisdiction over 18 million 

acres within the States of Arizona, New Mexico and Utah. The 

Navajo Nation lies on the arid and semiarid uplands of Colorado 

Plateau, with an average elevation of six thousand feet above sea 

level, and with an average annual precipitation ranging from less 

than eight inches of rainfall per year in the Painted Desert and the 

San Juan River Valley, to more than 20 inches on the isolated 

mountain peaks. 

As previously mentioned, there are currently at least 12 major 

unsafe dams within the Navajo Reservation. Eight dams are located in Arizona and five or four located in New Mexico. Of these 

12, eight are currently listed as high or significant hazard on the 

national Department of the Interior Dam Safety Program's technical priority rating system and are to be rehabilitated. Once rehabilitated, these eight dams would have a combined surface storage 

capacity of 35,780 acre feet. 

Due to the inadequacies of the existing surface water storage 

structures on the Navajo Reservation, an estimated 150,000 acre 

feet of surface water annually escapes from Navajo watersheds into 

the Colorado River system. This run-off carries with it millions of 

tons of sediment and topsoil from the Nation's rangelands and 

farmlands, contributing significantly to the salt and sediment loads 

of the Colorado River. 

In the arid Southwest, water is life. The unsafe conditions of 

many of the Navajo Nation's water storage dams and the lack of 

adequate reservoir storage capacity have severely constrained the 

Nation's ability to make beneficial use of its scarce water resources 

for domestic and livestock use, farming and irrigation, economic development, aquifer recharge, recreation and fish and wildlife purposes. 

Because of this, the Navajo Nation testified before the Subcommittee on Indian Affairs in support of similar legislation last 

year. The Navajo Nation stated that the scope of the legislation 

needed to be broadened to include all dams across Indian country, 

not just in New Mexico as last year's bill provided. 
41 

We are pleased that H.R. 1426 applies to all dams in the Indian 

country, and the companion legislation, Senate bill 442, does the 

same as H.R. 1426, addresses the need to rehabilitate unsafe dams 

on Indian lands and would provide adequate operation and maintenance to those dams after such safety deficiencies are remediated 

or remedied. The intent of this measure is highly commendable and 

long overdue. 

There are a critical need for dam maintenance and repairs on the 

Navajo Reservation. I would like to re-emphasize that these 12 

major dams are in desperate need of repairs and in some cases 

complete reconstruction to meet Department of the Interior dam 

safety specifications. These 12 dams total 71,130 acre feet of surface water storage, which is approximately 90 percent of the total 

storage capacity on the Navajo Nation. 

When safe and operative, these dams will supply irrigation water 

to 8,380 acres of Navajo farmlands. It will also provide irrigation 

water to nearly 60 acres on the Navajo Indian Irrigation project. 

Three, it will provide flood control benefits to Navajo communities located downstream from the 12 dams. It will also provide 

dependable municipal water to the populous Fort Defiance-Window 

Rock and St. Michaels area. 

It will also allow the Navajo Nation to provide water for domestic 

and livestock purposes, allow the NavaJo Nation to promote economic development by developing a water system for rural and industrial use. And finally, allow the Navajo Nation to begin to provide for recreation and fish and wildlife water habitat. 

Most importantly, this legislation is needed because most of the 

dams on the Navajo Reservation will not withstand a major flood. 

This poses an imminent threat to the lives and property of Navajo 

Nation residents and communities. 

The Many Farms Dam in Arizona and the Camp Assayi Dam in 

New Mexico will only withstand 15 percent and 21 percent of the 

probable maximum floods, respectively. Most of the other dams on 

the Navajo Reservation will accommodate less than 40 percent of 

the probable maximum floods. 

Such structural inadequacies need to be corrected: Excessive 

water seepage through the dams and dike foundations which 

threaten the structures of the dam embankments, inadequate or 

damaged inlet and outlet structures, including inadequate discharge capabilities and conditions of spillways, inadequate upstream and downstream slope protection of embankment, erosion of 

embankment due to improper drainage, inadequate storage capacities due to a build-up of sedimentation and the need for upstream 

erosion and sediment control practices and structures. These problems could lead to a failure of the darns and the loss of lives and 

property on the Navajo Reservation. 

The Federal Government's responsibility for Indian Dams Safety 

Program is based on Secretarial Order 3048, which originally mandated a Darns Safety Program on the Department of the Interior 

lands. This order also establishes and assigns responsibility for 

agencies within the Department of the Interior to carry out their 

trust responsibility and prevent darn failures which threaten the 

loss of life or property. 
42 

According to Walter Mills, Acting Assistant Secretary of Indian 

Affairs, in its July 17, 1989 response to the Report 89-108 of the 

Inspector General, he stated, "The dam safety business, under ideal 

conditions, is a time-consuming process which at any time can be 

given the appearance that no action or process is taking place." 

However, according to the Inspector General's Report, 89-108, 

only the BIA, of all the Department of the Interior agencies, has 

failed to respond in timely fashion to dam safety concerns as mandated by Secretarial Order 3048. 

Under the bureau's jurisdiction, 25 of the 50 dams ranked as 

most unsafe. Located on the Navajo Reservation are eight dams in 

Arizona, and four in New Mexico under the BIA's jurisdiction that 

have high or significant hazard rating and evaluated as in poor or 

unsatisfactory condition by the Inspector General's report. 

Despite this and additional Federal guidelines and policy statements requiring agency officials to ensure that dams are properly 

maintained, no sufficient measures have been taken by the BIA to 

initiate correction of this dangerous situation. 

In conclusion, and in light of the BIA's history with respect to 

the fiscal and technical management of the Federal safety of dams 

program, the Navajo Nation highly commends the safety comments, the dam safety operation and maintenance program established by H.R. 1426 and the provision of flexibility for tribes to contract under Public Law 93-638, safety of dams evaluations, repairs and subsequent operations and maintenance functions from the 

BIA. 

The Navajo Nation notes that its water development department 

does have the technical and professional capability to conduct dams 

safety operation and maintenance programs if it would be funded 

adequately. The water development department is presently contracting with 

the BIA to provide technical oversight of existing minimal safety of 

dams program on the Navajo Reservation. However, we can only provide minimal compaction work because of inadequate resources. 

With the implementation of this legislation, tribes should have the 

opportunity to undertake dam evaluation and repairs. Further, the Navajo Nation recommends that the BIA secure 

adequate funding in its base budget for Indian dams. 

In closing, Mr. Chairman and members of this Committee, the 

Navajo Nation believes that H.R. 1426 is needed for the protection 

and welfare of all those who reside on Indian reservations. We urge 

this Subcommittee to support the passage of H.R. 1426. 

Thank you for the opportunity to comment on H.R. 1426. We look 

forward to working with the Subcommittee on this important legislative effort. 

Thank you. 

[Prepared statement of Mr. Francis follows:) 
PETE .. 80N ZAH 

PRESIDENT 

THE 

NAVAJO 

NATION 

43 

P. 0. DRAWER 308 • WINDOW ROCK, ARIZONA 86515 • (802) 871-6352-55 

Testimony of the Navajo Nation 

before the 

MARSHALL PWMMER VICI! PRRSIDIDfT 

House Subcommittee on Native American Affairs 

regarding 

H.R.1426, the Indian Dams Safety Act of 1993 

July 2, 1993 

Introduction 

Chairman Richardson and distinguished members of the Subcommittee, the 

Navajo Nation appreciates this opportunity to comment on H.R. 1426, the Indian Dams 

Safety Act of 1 993. My name Ia Johnnie Francis, Director of the Water Development 

and Maintenance Department of the Navajo Nation's Division of Natural Resources. 

On behalf of the Navajo Nation, we support H.R. 1426 because It would provide much 

needed support and assistance to upgrade the twelve major dams on the Navajo 

reservation that are In desperate need of repe!t. This legislation wtll also restore fully 

the dam operations and maintenance programs whose defundlng by the Bureau of 

Indian Affairs IBIAI!ed directly to the critical dam safety problems we now face. 

The Navalo Nation 

The Navajo Nation holds sovereign jurisdiction over 1 8 million ecra1 within the 

states of Arizona, New Mexico, and Utah. The Navajo Nation lies on the arid and 

semi-arid uplands of the Colorado Plateau, with an average elevation of 6,000 feat 

above sea level, and with an average annual precipitation ranging from la11 than 8 

Inches In the Painted Desert and San Juan River Valley, to mora than 20 inches on 

Isolated mountains peaks. 

As previously mentioned, there are currently at 1ea1t twelve major unsafe dams 

within the Navajo reservation. Eight derna are In Arizona end four are In New Mexico. 

Of these twelve, eight are c:unently listed u "high" or "llgnlflcant" hazard on the 

national Department of Interior Dem SafetY Program's tachnlcel priority rating ayatem 

end are to be rehabilitated. Once rehabilitated, these eight dams would have a 

combined surface storage cepaclty of 36,780 acr•feat. 
Statement of the Navajo Nation 

July 2, 1993 

44 

Due to the lack and inadequacies of existing surface water storage structures 

on the Navajo reservation, an estimated 150.000 acre-feet of surface water annually 

escaoes from Navajo watersheds into the Colorado River system. This runoff carries 

with it millions of tons of sediment and topsoil from the Nation's rangelands and 

farmlands, contributing significantly to the salt and sediment load of the Colorado 

River. 

In the arid Southwest, water is life. The unsafe conditions of many of the 

Navajo Nation's water storage dams, and the lack of adequate reservoir storage 

capacity, have severely constrained the Nation's ability to make beneficial use of its 

scarce water resources for domestic and livestock use, farming and irrigation, 

economic development, aquifer recharge, recreation, and fish and wildlife purposes. 

Because of this, the Navajo Nation testified before the Senate Committee on 

Indian Affairs (SCIA) in support of similar legislation last year. The Navajo Nation 

stated that the scope of the legislation needed to be broadened to include all dams 

across Indian country, not just in New Mexico as last year's bill provided. We are 

pleased that H.R.1426 applies to all dams in Indian country and the companion 

legislation, 5.442, does the same. H.R.1426 addresses the need to rehabilitate unsafe 

dams on Indian lands and would provide adequate operation and maintenance to those 

dams after such safety deficiencies are remedied. The intent of this measure is highly 

commendable and long overdue. 

Critical Need for Dam Maintenance and Reoair on the Navajo Reservation 

I would like to re-emphasize that these twelve major Navajo dams are in 

desperate need of repair and in some cases complete reconstruction to meet 

Department of Interior Dam Safety specifications. These twelve dams tota171.130 

acre-feet of surface water storage which is aooroximatelv 90% of the total storage 

capacjtv on the Navajo Nation. When safe and operative, these dams will: 

1) supply irrigation water to 8,380 acres of Navajo family farms; 

21 supply irrigation water to nearly 60,000 acres at the Navajo Indian 

Irrigation Project; 

31 provide flood control benefits to Navajo communities located 

downstream from the twelve dams; 

4) provide dependable municipal water to the populous Fort DefianceWindow Rock-St. Michaels area; 

2 
Statement of the Navajo Nation 

July 2, 1993 

45 

51 allow the Navajo Nation to provide water for domestic and 

livestock purposes; 

6) allow the Navajo Nation to promote economic development by 

developing a water system for rural and industrial use, and; 

7) allow the Navajo Nation to begin to provide for recreation, and fish 

and wildlife water habitat. 

Most importantly, this legislation is needed because most of the dams on the 

Navajo reservation will not withstand a major flood. This poses an imminent threat 

to the lives and property of Navajo Nation residents and communities. The Many 

Farms dam in Arizona and the Camp Assayi dam in New Mexico will only withstand 

15 percent and 21 percent of the probable maximum floods, respectively. Most of the 

other dams on the Navajo reservation will accommodate less than 40 percent of 

probable maximum floods. Such structural inadequacies need to be corrected. 

Excessive water seepage through dam and dike foundations threaten the structure of 

dam embankments. Inadequate or damaged inlet and outlet structures including 

diversion inlet dams and sluiceways are common. Other structural problems include: 

inadequate discharge capacities and conditions of spillways; inadequate upstream and 

downstream slope protection of embankments; erosion of embankment due to 

improper drainage; inadequate storage capacities due to the build up of sedimentation; 

and, the need for upstream erosion and sediment control practices and structures. 

These problems could lead to a failure of the dams and the loss of lives and property 

on the Navajo reservation. 

Federal Government Resoonslbilitv for Indian oams Safety 

Secretarial Order No. 3048 originally mandated a dam safety program on 

Department of Interior lands. This order also establishes and assigns responsibilities 

for agencies within the Department of Interior to carry out their trust responsibility and 

prevent dam failures which threaten the loss of life or property. According to Walter 

Mills, Acting Assistant Secretary of Indian Affairs, in the Bureau's July 17, 1989 

response to the Report (89-108) of the Inspector General, he stated, "[t]he dam safety 

business, under Ideal conditions, is a time-consuming process which at any time can 

be given the appearance that no action or process is taking place." However, 

according to the Inspector General's report 89-108, only the Bureau of Indian Affairs, 

of all Department of Interior agencies, has failed to respond in timely fashion to dam 

safety concerns - as mandated by Secretarial Order No. 3048. Under the Bureau's 

jurisdiction, 25 of the 50 dams ranked as JD.Q.St JillWl!, Located on the Navajo 

reservation are 6 dams in Arizona and 2 dams in New Mexico under the BIA's 

3 
Statement of the Navajo Nation 

July 2, 1993 

46 

jurisdiction that have a "High" or "Significant" hazard rating and evaluated as in "Poor• 

or "Unsatisfactory• condition by the Inspector General's report. (see Attachment A). 

Despite this and additional federal guidelines and policy statements requiring agency 

officials to ensure that dams are properly maintained, no sufficient measures have 

been taken by the BIA to initiate correction of this dangerous situation. 

Conclusion 

In light ofthe BIA's history with respectto the fiscal and technical management 

of the Federal Safety of Dams program, the Nayaio Nation highly commends the Dam 

Safety Operation and Maintenance Program established by H,R1426. and the 

provision of flexibility for tribes tp cpntract, under P.L. 93-638 safety of dams 

evaluations. reoairs. and subseauent operations and maintenance functions from the 

llJA. The Navajo Nation notes that its water development department does have the 

technical and professional capability to conduct dams safety operation and 

maintenance programs, were adequate funding available. The water development 

department is presently contracting with the BIA to provide technical oversight of the 

existing minimal safety of dams program on the Navajo reservation. However, we can 

only provide minimal compaction work because of Inadequate resources. With the 

implementation of this legislation, tribes should have the opportunity to undertake dam 

evaluation and repairs. Further, the Navajo Nation recommends that the BIA secure 

adeguate funding in its base budget for Indian dams. 

In closing, Mr. Chairman and members of this Subcommittee, the Navajo Nation 

believes that H.R. 1426is needed for the protection and the welfare of all those who 

reside on Indian reservations. We urge this Subcommittee to support the passage of 

H.R. 1426. Thank you for the opportunity to comment on H.R. 1426. We look forward 

to working with the Subcommittee on this Important legislative effort. 

4 
Statement of the Navajo Nation 

July 2, 1993 

47 

DEPARTMENT OF THE INTERIOR DAM SAFETY PROGRAM 

TECHNICAL PRIORITY RATINGS OF NAVAJO NATION DAMS 

(total of 385 DOl Dams Usted as Having "High" or "Significant" Hazard) 

October 25, 1991 

~BIQB!IY MM SIQBME LQCATIQN 

BAIIfl!.G. (acre-feet) 

4 Ganado• 3,000 Upper Pueblo Colorado watershed 

Ganado, Apache County, ARIZONA 

5 Round Rock• 800 Upper Lukachukai watershed 

Round Rock, Apache County, ARIZONA 

19 Many Farms• 18.400 Middle Chinle watershed 

Many Farms, Apache County, ARIZONA 

23 Canyon Diablo• 4,000 Lower Canyon Diablo watershed 

Leupp, Coconino County, ARIZONA 

57 Captain Tom• 1,050 Upper Chaco River watershed 

Two Grey Hills, San Juan County, NM 

69 Wheatfields• 3,880 Upper Wheatfields watershed 

Wheatfields, Apache County, ARIZONA 

126 Cutter •18,000 On Navajo Indian Irrigation Project main 

canal from Navajo Reservoir; South of 

Farmington, San Juan, NM 

129 Wauneka 50 Middle Wide Ruins watershed 

Wide Ruins, Apache County, ARIZONA 

191 Assayi• 650 Upper Black Creek watershed 

Crystal, McKinley County, NM 

205 Tsaile• 4,000 Upper Tsaile watershed 

Tsaile, Apache County, ARIZONA 

232 Red Lake 15,500 Upper Black Creek watershed 

Red Lake, McKinley County, NM 

349 Blue Canyon 1,800 Upper Black Creek watershed 

Fort Defiance, Apache County, ARIZONA 

• In "Poor" or "Unsatisfactory• condition 
48 

Mr. RICHARDSON. The Chair recognizes the gentleman from Wyoming. 

Mr. THOMAS. Thank you, Mr. Chairman. 

Thank you all for your testimony. Just a couple of brief questions. 

Chairman Sutter, what you suggested is that we should establish 

standards and provide more direction to the BIA. What standards 

would you suggest? I mean, are there a set of standards that you 

think would be acceptable? 

Ms. SUITER. Mr. Thomas, I think that oftentimes policies are developed within the Bureau of Indian Affairs that we have no 

knowledge of and sometimes these policies are vague and are not 

followed, and I think that that is something that would be in line 

with the standards. 

I think they have a trust responsibility to us involving the dam 

itself and probably the States, back when the dam was first built, 

it was considered unsafe at that time and there were some problems, but I think that the standards possibly that you are referring 

to would be those that are used for non-Indian dams and that we 

feel like that we should be treated fair and equitably in that way, 

is that the standards for use of non-Indian dams should also apply 

to all Indian reservations. 

Mr. THOMAS. The standards that are applied to the BOR, would 

you find those to be satisfactory? 

Ms. SUITER. I think they probably would if those were followed 

out and continued and not started and then not completed. 

Mr. THOMAS. Does the BIA utilize the standards that are used 

by the bureau and other places, do you know? 

Ms. SUITER. I really couldn't answer that, sir. 

Mr. THOMAS. It would seem like they should. I guess I may be 

a little overly sensitive, but I sense that there is a little territorial 

pushing and shoving going on here, but I am not sure of that. 

Bureau of Reclamation is the one that really lays these out and 

I presume that they are acceptable standards under most conditions and therefore--

Ms. SUITER. There again, I would also assume that. But oftentimes, I think that that would be a part of the BIA's responsibility 

to see that our dams are built on the same standards that nonIndian dams are and they should follow up on that and make sure 

that that takes ytace. Mr. THOMAS. agree with you. 

Let's see here. Mr. Parker, Chairman Parker, you indicated you 

had some reservations about the BOR becoming very involved, I 

guess, and you alluded to the notion that perhaps it would be competitive with your district. Doesn't State law generally control the 

distribution of water? 

Mr. PARKER. On non-Indian lands they do. I don't know if you 

misunderstood my-could you restate the question? 

Mr. THOMAS. Well, I guess I am sort of seeking to see how we 

could more efficiently do this thing, but you had some reservations 

about BOR becoming very involved in Indian dams and I think you 

alluded to the notion that sometimes irrigation districts are competitive with the Indian water. 

Mr. PARKER. Yes. 
49 

Mr. THOMAS. And I am suggesting to you that it seems to me 

that there are either Federal laws on the reservation or State laws 

in the State that would adequately deal with the distribution of the 

water. 

Mr. PARKER. Well, I think in the case of Montana, the State has 

considerably overappropriated, I guess, for lack of a better term, or 

words, the water within the State. Like I stated, we are in active 

negotiations with the State of Montana on a water rights compact 

that we hope to finalize by 1995. 

Mr. THOMAS. I see. 

Mr. Phillips, let's talk about time for a minute. How long has the 

question of doing something about Washakie Dam been before you? 

How long have you been working at the problems there? 

Mr. PHILLIPS. We have been active for, I would estimate, the last 

5 years, but one thing about the Washakie Dam is that when they 

initially built it, and I will explain that, the Washakie and Ray 

Lake Dams were constructed by the Bureau of Indian Affairs, 

whereas the other three dams that are located on the reservation 

were constructed by the Bureau of Reclamation, and the Washakie 

Dam was constructed in 1935. And at that time they had problems 

even then, so it has been a long history, but we have been actively 

with the 638 contracts approximately the last 5 years. 

Mr. THOMAS. Are you making progress? Where are you in terms 

of all these steps, this and that? 

Mr. PHILLIPS. Especially with the Washakie Dam, currently we 

are allowing the Bureau of Reclamation to submit a final design for 

that, so we have proceeded quite far. Since they are an agency, we 

think that they will move a little faster if we allow them to submit, 

and I think Congress could allow them to build it being that they 

are in the dam-building business. 

Mr. THOMAS. That makes sense to me. 

Mr. PHILLIPS. Yes. 

Mr. THoMAS. I am a little confused and I guess probably none 

of us really know whether this delay is a matter of process in terms 

of moving through with BIA. Moving expeditiously, ultimately, 

however, it is going to come to money, isn't it? 

Mr. PHILLIPS. Yes, that is correct, Mr. Thomas, and I think in 

this day and time I hope this will alleviate. 

One thing I do want to state is that it seems like I am taking 

anywhere from five to ten people a week up to our dam because 

it is real hard for me as tribal leader to assure our people that the 

dam is in good shape, and verbally sitting down in the valley I 

really can't emphasize to our people that the dam is okay. 

So I have taken the initiative to take the members up to the dam 

and show them where the weak spots are and how we are monitoring it, and to assure them that until we get the funding to repair 

the dam that I cannot even myself feel comfortable. Until that time 

comes that the money is appropriated through a payor, especially 

Washakie, just due to the structure of the valley, if the dam should 

fail-! mean, it is going tcr-actually the destruction would be anywhere from, I would estimate, 40 to 70 miles down the river just 

down to the obstruction of the valley. 

Mr. THoMAS. I understand. 
50 

I appreciate you all being here and I am going to support the 

Chairman's bill and I appreciate his introducing it. 

Mr. RICHARDSON. Thank you very much, Mr. Thomas. 

Mr. Francis, has the Navajo Tribe contracted with the BIA under 

the Safety of Dams Program to perform some of the work you outlined on the reservation? 

Mr. FRANCIS. Mr. Chairman, members of the Committee, we did 

sign a contract with the Bureau of Indian Affairs only to set up a 

coordinating office between our office and the Bureau of Indian Mfairs to insure that we have our dams maintained on the national 

priority listing, and then we also deal with our own legislative 

process as well as working with the local chapter through this coordinating office that we have established. 

But as far as getting the contract, the management, the construction management, we have brought in the Bureau of Reclamation 

to help us do those technical construction management protp"ams. 

Mr. RICHARDSON. Now, have any of the dams on the Nava.:~o Reservation reached the construction phase? 

Mr. FRANCIS. No, there is none, but hopefully by the third week 

in August we may have the ground rock construction started. We 

have been informed by the BIA that we had a $3 million set aside, 

but as of Friday, we have been informed that we are only getting around a little over $2.3 million. 

So what has happened to the rest of that money, we were never 

informed. Apparently the money has been transferred out. That is 

what has happened here at the central office level and--

Mr. RICHARDSON. Well, that is something that we need to look 

into. I know Governor Lewis was informing us that two weeks ago 

the last $9 million payment might be decreased to $4 million and 

this affects the Zunis because they need the interest to carry out 

the Zuni Land Conservation Act Program that we passed last year. Isn't that right, Governor Lewis? Is that information correct? 

Mr. LEWIS. That is right, Mr. Chairman. 

Mr. RICHARDSON. And did they give you any reason for the $9 

million not being available? 

Mr. LEWIS. Well, we had been assured until two weeks ago when 

we wrote the letter that it was still forthcoming in the 1994 budget. 

However, it was only the next day that we were informed that cuts 

done by the Department of the Interior had whacked off $5 million 

and we would only get $4 million, which would impede the imple- mentation portion of the plan that we have in regard to soil erosion 

controls and flood controls. 

Since we are not on the live stream, we do get tremendous floods 

at times when cloud bursts occur in different areas that the tributaries are that enter down into the Zuni River, and our desire is 

to build structures designed to slow down the flood waters and at 

the same time impound water for our water table and create drinking areas for stock, and we cannot do that unless we had the full 

amount of $17 million in the trust fund to get the interest to do 

what we had planned to do as mentioned. 

Mr. RICHARDSON. Now, Vice Chair Parker, you stated in your testimony, there aren't any clear guidelines for managing the safety 

of dams contract and that you found the BIA office in Billings to 

be basically arbitrary in dealing with you. Do you want to elaborate 
51 

on that? Would you also suggest to us a way that we could deal 

with these lack of guidelines? 

Mr. PARKER. The Chippewa Cree Tribe entered into a 93-638 

contract here approximately about a year and a half ago to do the 

conceptual final design. Final designs are on probably our last 

phase. We should have final designs within the next month or so. 

We are looking at entering into a 90 modification to the contract 

if possible for the construction phase. But as far as the guidelines, 

working with the Bureau of Indian Affairs, what they told us, it 

is usual for a tribe to 638 them as far as any guidelines to follow. 

The process is monitoring, et cetera. There was none in place, so 

what they had told us, we are more or less a pioneer. 

I don't know if that is in the Montana area or Indian country as 

a whole, but as far as guidelines, what I would suggest is that from 

the conceptual drawing phase to actual 638 contracting of the O&M 

phase of it, some type of guidelines be drafted. At this point, Mr. 

Chairman, I really am not sure what those guidelines could entail. 

I am sure there are guidelines out there on non-Indian dams that 

could be looked at, possibly adopt some of them. 

Mr. RICHARDSON. Obviously, we need clearer guidelines. 

Mr. PARKER. Clear guidelines. Not so much a regulation, limits 

on authority, et cetera, but a process, at least for the tribes to follow, you know. 

Mr. RICHARDSON. Chairperson Sutter, as I recall, a m rity of 

your tribal members live 'below Ray Lake Dam and the akie 

Dam, so dealing with this problem is very important because we 

are talking about the possible loss of property and life; is that correct? 

Ms. SU'ITER. That is exactly correct. 

Mr. RICHARDSON. Do you have any statistics on how many tribal 

members and homes are located in the area that would be affected 

by a potential catastrophe? Ms. SU'ITER. Overall, there are 14,000 people that live on the reservation and a lot of those people are in what we call cluster housing and we have communities where there are a lot of people who 

live in each community. This would include the Ft. Washakie area 

and the Ethete area as well as the Arapahoe area, and were these 

dams to break they have estimated there would be a possible 25-

foot wall of water that would originate from the breaking of· the 

dam and that would flow, as Mr. Phillips has told you, 70 miles 

down through the reservation and cover most of the major areas 

of population where the Indians live and also the non-Indians. 

Mr. RICHARDSON. So a majority of these 14,000 would be affected? 

Ms. SUTTER. Yes. There are ranches that are outlying. They are 

just large ranches but the accumulation of the population is generated in those three areas. 

Mr. RICHARDSON. Well, I saw that dam. It is about to burst. 

Ms. SUTTER. Yes, it is. 

Mr. RICHARDSON. In fact, I didn't want to spend much time 

there. 

Ms. SU'ITER. We even get uneasy when we walk across it and inspect it. 

Mr. RICHARDSON. It is a beautiful dam. 
52 

Ms. SUTTER. But we are truly concerned about it. We still have 

some snow melt in the mountain. We are monitoring it every day 

and when it is so bad where the spillway was running high, we a 

had 24-hour watch on it with an emergency line at the police station. 

Mr. RICHARDSON. Have they started the recreation activities at 

the lake? 

Ms. SUTTER. Yes, they have. 

Mr. RICHARDSON. You promised to invite me back. 

Ms. SUTTER. Yes, we certainly will.·The fishing is great. 

Mr. RICHARDSON. Governor Lewis, what is the status of the 

Black Rock Dam? You stated it is about 80 years old. Did the BIA, 

prior to 1989, perform any inspections or maintenance on the dam? 

Mr. LEWIS. Yes, Mr. Chairman. At one time back in the 1930s 

and perhaps down to the early 1940s, there used to be a branch 

into the Bureau of Indian Affairs irrigation branch that had the responsibility of overseeing the maintenance of the dam. I do not 

think it was only Zuni, but in other areas. And when they did away 

with that branch, then nobody else had any watch over the structures that had been built. 

At the time that they built Black Rock Dam, it was for the purpose of setting up farms along a canal that would run from the 

dam on down to the west end of the valley. Prior to that, my people 

planted 12,000 to 13,000 acres every year of crops for consumption, 

but we also helped immigrants passing through going West and 

helped in the building of Ft. Wingate and Ft. Defiance when they 

were constructed, those two forts. Nobody else could furnish the 

feed for horse and men, people. 

But the design was not stable enough in this construction. They burst it twice, and when they did finally finish it, it cost more than 

they had anticipated and silt was already coming in. 

The flow that comes down to it from the tributaries that I mentioned, six inches would start going over the spillway and on down 

to the village. When you get out there right now it looks like there 

is a lot of water out there, but it is only about a foot deep except 

in the channel that goes down to the outlet, and we cannot use that 

for irrigatiOB:, for all the farms that are down below. 

And so we had contracted with the Bureau of Reclamation to alleviate the danger of flooding down in the Pueblo, and we have 

elected some options that they gave us. We discarded some that 

they suggested, but they will be ready to do some construction 

work this month. And because of the siltation down below where 

the debris is formed along the bottom of a grove of trees that were 

put in in the 1930s, we have the silt-back siltation on the riverbed, 

and the Army Corps is now making a study on the things that they 

feel like we should do on the riverbed. 

We cannot seem to get anyone to look at our dam and give us 

any suggestions on dredging. We are looking for a machine that we 

might use to do it ourselves, but it is all level ground now and 

there is no real amount of water that can be stored there anymore. 

We have four dams up in the northeast corner of the reservation. 

They all directly enter into one bigger dam and then flow down to 

the Zuni River and onto the spillway and on through the community, and the Raymond Dam up above, 22 miles east of us, if it ever 
53 

burst, it would knock out Viscaro Dam, get in the Zuni River and 

down on into the Pueblo and these are not the safest dams either. 

So what we are trying to do is drain these almost as deep and 

just as wide and criss-cross our reservation after the erosion started, and so we have a problem that we would like to work on with 

the money that we are-have gotten from the land conservation legislation. 

Mr. RICHARDSON. Right. 

Now, Vice Chair Parker, let me ask the last question. You made 

a good case for amending Section 3(d). Do you have construction 

funds now? Would you be able to expand? 

Mr. PARKER. Well, that is basically what BIA told us as far as 

it was concerned, but looking at the 1994 appropriations, we 

weren't identified in there and we were under the understanding 

that there would be dollars made available for the construction 

phase to safety dams, but looking at the line items in our budget, 

it wasn't included. 

Looking at the $18 million that is requested for 1994, our project 

is estimated at approximately $10 million, which would take basically their whole line item for construction. So I am not sure where 

we stand at this point to tell you the truth, Mr. Chairman. 

Mr. RICHARDSON. Okay. . Well, let me once again thank all the witnesses for providing 

very good testimony. I think you provided compelling reasons for 

us to act on this bill, and after discussing with the BIA the ways 

we can deal with Section 3 and Section 4, we will move ahead and 

mark this bill up. 

So we thank the witnesses. We appreciate your coming. 

The hearing stands adjourned. 

[Whereupon, at 11:05 a.m., the Subcommittee was adjourned.] 

APPENDIX 

JULY 2, 1993 

ADDITIONAL MATERIAL SUBMITTED FOR THE HEARING RECORD 

OFFICE OF THE GOVERNOR 

July t6, t993 

The Honorable Bill Richardson, Chainnan 

Subcommittee on Native American Aflails 

Unijed Slates House of Representatives 

t522 Longworth Building 

Washington, D.C. 205t5 

Dear Congressman Richardson: 

n:LEPHONE 505/552-6604 

FAX 505/552-6600 

Thank you for informing the Pueblo of Acoma of the upcoming testimony on H. R 

t426, the "Indian Dams Safety Act of 1993". The Trbal Administration fully 

supports the bill and encourages Congress 10 favorably oonsldar the enactment of 

this legislation. 

As clearly stated within the bill, Indian dams tlvoughout the country must 

receive proper maintenance 10 ensure the ulaty ·ollncian people and lncian lands. 

For many years, the Bureau of lncian Affairs (BIA) has ovariooked the need to 

maintain dams on Indian reservations. As a result, many Indian trbes now 

suffer due to the lack of con1tols, maintenance and development of lncian dams. 

Therefore, the Pueblo of Acoma, who is among those listed on the BIA Safety of 

Dams program, strongly uphold the objectives Identified within H. R. 1426. 

As you are aware, the Acoma Dam (Acomila lake Reservoir) served many 

purposes prior to h becoming polul8d by ~ contaminants. The Pueblo of 

Acoma continues 10 full op8nlllon and lltllintenla1cB ol the dam so as to 

provide an adequate water ....,PY tar .,. Aoomll lrld lJiguna Pueblo's. 

Furthermore, future of the ,_.,.,., wll 8llllble the Pueblo to 

establish an tar boft Aoomll and SI.IIOUI1ding 

communities. ... - that the dam 

ltseH wilt be sale 1111 ._ -...s. 

(55) 
56 

STATEMENT OF THE HOPI TRIBE REGARDING 

H.R. 1426 

INDIAN DAMS SAFETY ACT OF 1993 

HOPI INDIAN TRIBE 

KYKOTSMOVI, ARIZONA 

JULY 19, 1993 

The Hopi Tribe of Arizona is pleased to submit the following 

comments in support of H.R. 1426, introduced by Congressman Bill 

Richardson of New Mexico. 

Two dams on the Hopi Indian Reservation located near Tuba 

City, Arizona, provide irrigation water to Hopi and Navajo Indian 

farmland near the Hopi village of Moenkopi. This farmland is 

referred to as the "Kerley Valley farms." The irrigation use is 

made possible by the storage capacity of Pasture Canyon Dam and 

Tuve Dam, both earthen fill dams with storage reservoirs. The 

agricultural water use is very important to area farmers, as irrigable acreage is scarce in the primarily harsh and arid 

environment. 

The Pasture Canyon and Tuve Dams are potential high hazard 

dams due to their height and storage capacity. Dam failure could 

result in harm to the Hopi and Navajo Indian populations living 

downstream of the structures: the village of Moenkopi and Navajo 

dwellings to the west. 

The engineering and operation of these dams must be addressed 

to ensure the safety of the people living downstream. The 

following issues deserve attention: 

1. Eyerv measure must be taken to ensure dam integrity. Leaks, 

faults, and cracks must be attended. Adequate emergency spillways 

must be provided. 

2. A reservoir water release system must be employed. such a system will remove water from the reservoirs to prevent downstream 

flooding. Further, the system could provide the additional benefit 

in serving as the irrigation water delivery system. The system could utilize lined ditches or PVC pipe. 

The Hopi people have been farming in the fertile soil of the 

Moenkopi Wash for up to a thousand years. Through the centuries, 

the Hopis have been subject to nature's droughts and floods. The 

construction of Pasture canyon Dam, which also includes a delivery 

system to the farms via dirt ditches, has provided a reliable water 
57 

supply in recent years. In the 1970's, this system was upgraded 

through the installation of pipelines and rock-lined ditches. This 

system is in need of engineering design and replacement to ensure increased irrigation efficiency and proper aanagement of the 

delivery system. 

The Kerley Valley farms, which have been in agricultural 

production since the early 1900's, have been subject to periodic flooding, including recent flooding in the spring of this year. An 

irrigation project that is properly designed should be able to 

withstand large amounts of unseasonal precipitation, protect the 

loss of property, and reduce the risks to the health and safety of 

the population. 

The benefits of an "Indian Dams Safety Actn to the Moenkopi area are obvious: lives and property would be protected and an ancient agricultural area would be preserved. 

The tasks which must be undertaken tor both dams include: 

•assessment (damage to the system, replacement, etc.); 

needed repairs, 

*alternative development and planning (including NEPA and NHPA 

compliance); 

*design (including construction specifications and costs) ; and 

*funding authorization. 

The project is estimated to require a minimum of $750,000. 

The Hopi Tribe appreciates the opportunity to comment on H.R. 

1426. The legislation addresses an important problem. The Tribe 

looks forward to working with Chairman Richardson and other Members 

of this Committee to see that H.R. 1426 is signed into law during the lOJrd Congress. Thank you. 
58 

THE JICARILLA APACHE TRIBE 

JM::adta ApacM ll..watioc 

Pt'o~ ll, tdH911i 

TELEFAX QGZ) ~ 

llollmllble Bill Rll:baniJao 

Chlirman 

EXECUTIVE OFFICES 

P.O. Box 507; Dulce, New Mexico 87~28·507 

(SOS) 759·3242 

1uly lS, 1993 

Subllomm!IIM oo Native Amer:k:aD Affal!1 

1522 I..ollponll Bulldllla: 

Wuhlnitlia, D.C. 2051'5 

Be: u.a. to&U, nae IDdiU. Dam SatetJ Act or Jjg3 

Dell Mr. Olaltman: 

011 behllf of the Iiculll& Af*chc Tri.bc, I wau1d lilas 1D 111p yoviD pua Into Jaw 

H,R., 1426 wbldl woWd ~ h' \he ~ of dlml Ull llldllllllllldlln New 

Veldco. 1be bill will psUvlde lhcl ~ IIIUdale 1D zcqulm tbe BIA, toprher wilh Oilier fedenl apiiciea, 1D fulfill ill cb1lplioDI under tbe odlllnJ dam llfety 

p!'OIIUI. 

Tbo lmporWico 1D the llcari1l& Apedle Tribll of H.R.. 1ol26 il evidlllt from tbe 

fact 

or daml 

tblt 

clullfted 

we prc~~CGtly 

111 1!119 

baw 

llave 

eiPt 

1101 

Cltlll 

been 

dams 

comcted. 

UD tbe 

011 

~. 

111o llcarllJa 

8lrucluzll. 

Apedl6ltllllml1oG, ~ 

ldlh hlzanl ~ c:llulfil:d & decado 110 lave DOt ,a beell ftlliiodiecl. The Dulce 

I...Ue Dam wu lilted w1lb a biah bu:ud clallitlcadon Iii 1982 wl tbe Loww Mwdo 

Dim - lilted witb & IIIah llaiard claai.fica1lon Ill 1983. A1tbouih tbe c:ondltlona of 

u- daml have Ullly dellei:iorated In \he Jut docade, lbce hu beelllnlllffloialt fwldlna 

IYiilable tbrouah the BIA ID perform IMIII tbe mDII bale ~ ad malntenanci 

prapam, Anolber dim looateil at La Ian. Lab hu a lipdliCiult hlzanl o!w!fl""dUD. 

Tbe ~ flve clamt - t1lo In dl.arqU, allbouah they do IIIII ba\'11 hlall huarcl 

d•llifla'IICJIII 
Chairman Bill Richardlon 

July 15, 1993 

PqeZ 

59 

llelpeclfully submitted, 

NORDHAUS, HALTOM, TAYLOR, 

TARADASH &; PRYE 
60 

COLORADO RIVER INDIAN TRIBES 

Colo..aio !<;.,,. .JnJla11 ~~t<walion 

HOUTt I, BOX 23·8 

T~L~PH()N[ (60~) 669·9211 

I'AHKER. ARilONA 8&344 

July 15, !993 

Chairman Bill Richardson 

House Subcommittee on Native American Affairs 

of the House CoDDi ttee on Natural Reaources 

204 Cannon House Office Building 

Washington, DC 20515·3103 

Pear Chairman Richardeon: 

In reply, 

refor lo:. 

Thank you £or this opportunity to present testimony. We believe that H.R. 

1426 demonstrates your continued eo ... ittoment to roaki ng the House Native Aaer:lcan 

Affaiu SubeoiMtittee available u a forum for addressing i.mportant issues and ~attars o£ concern in Indian Country today~ Maintaining the infraatructure on 

Indian reservations, elpecially thoae faeilitie• thilt may pose a danger to the 

health, safety and welfare of the resident• of lndian reservation is, of courae, 

a matter of bi&h priority with tribal governments and we are pleased to •ee that 

it is also a matter of concern of yours. 

Please contact me if r can be of any further auiatance. 

Sincerely, 
61 

STATEMENT 

OF 

TRIBAL COUNCIL 

COLORADO RIVER INDIAN TRIBES 

BEFORE TilE HOUSE SUBCOMMIT1'F.E ON NATIVJ:: M{l:iRlr.Alll .ll.i'FAIRO 

OF tiiF. HOUSE COtiMIT'r!.>. UN NATURAL RESOURCES 

JUL'i 2, 1993 

RE: H.R. 1426 INDIAN DAMS SAPET'i ACT OF 1993 

The Tribe agrees with the need to create 11 dam safety operation and 

maintenance program within the Bureau of Indian Affairs, Although we recoenize, 

and the bill allows, for much technical expertise to come from other Interior 

agencies and bureaus, the Tribes still forsee that a BIA based program would be 

much more responsive to tribal concerns, Also, we· assume that tribes with a 

number of dams will wish to u~ilize P.L. 93·638 process to take over management 

responsibilities. Although this opcion will be available even if the tribal dam 

safety program is administered by the Bureau of Reclamation, the Trib~s feel that 

the BIA has sreater familiarity with this process and will be more amenable to 

such changes. 

The Tribes feel that the Committee may wish to consider broadening the 

scope of H.R. 1426 to include the dam safety matters addressed in tho Reclamation 

Safety of Dams Act of 1978 43 U.S.C. H 506·509. Specifically, the Tribes 

bcli eve that a very clear distinction should be made between addressing any 

project operation and maintenance (O&M) deficiencies and safety concerns. Unlike 

the 1978 Act, however, for projects on most Indian reservations, both cate&ories 

will generally constitute nonreimbursable costa. Dam safety should, in general, 

constitute a nonreimbursable cost. Congress recognized this fact in FY 1992 

Appropriation. 1 With respect to O&M costs, the Tribes b~li~"• cllat." 

distinction should be made be1;wr.r.n thoDe ndJ;Lluns, modifications, or adjustments 

tn d:lm sL,u<:curcs and operations that relate to the maintening the capital 

investment in that project. These are clearly project costs that, in the casP 

of Headgate Rock Dam, at least, are to be paid by Lh« federal government.2 

Another catP.gOr)• of O&M expenditures would relate to the operation of irrigation 

projects. These are the only costa under this program that may be considered 

x-eimbursable. Even with respect to these coscs, however, careful attention must 

be paid to specific reservation and irrigation project history to determine 

1

&, April 17, 1992 Memorandum from Office of 1'Rrust and Economic 

Deve lopmont, To: Aberdeen, Albuquerque, Navajo, Phoenix, Port land, and Sac ramen to 

Area Directors, Re: Reimbursability of (BIA) Safety o£ Dams Appropriations. 

2The federal government, itself, has recognhed that Congress may have acted 

contrary to its responsibilities to tribes and its obligations to ccrtian tribal 

governments when it required the reimbursement of the capital cost for some 

irrigation projects, This view is implicit in the 1932 and 1936 Leavit Acts, 25 

U.S.C. §386a and 389·389e and tlu• Bureau of Indian Affairs in Report to the 

Senate Comm. on Interior & Insular Affairs, on the Status of Construction of 

lndian Irrigation Projects (October 1975). 
62 

whether they arc appropriately born .. by the federal governmP.nt. 

The Ttibea alao points out that there h not a substantial difference 

between a dam that would constitute a "High" veuuR a sam that. would constitute 

a •significant• threat to life and property in the even of its failure. 5 For 

this reason, the Tribes believe that two categories should be employed: "Low," 

would remain unchanged and "S)gnificant• and "High, • should be combined. Fof 

those structures that are within the second combined categofy, the Tribes believe 

that exonomie consideration8 should be taken into account in allocating money for 

safety and O&M. 

With these con$idcratione, the Tribe& recommend aprpoval of H.k. 1426. 

3The main difference appcara to he that a the failure of a •a;gh" Uazard 

rating dam is projected to reault in a loss of life for greater chan 6 people, 

whereat a •sl.iniHc.ant• Uazard rating i1 projected to result in leu than •ix 

fatalities. 

3 
TRIBAL COUNCIL 

Duane Big Eagle 

Chairman 

Donald McGhee 

Vice-Chairman 

63 

CROW CREEK SIOUX TRIBE FORT THOMPSON, SOUTH DAKOTA 57339 

July 15, 1993 

Honorable Bill Richarson, Chairman 

U.S. HOuse of Representatives 

Subcommittee on Native American Affairs 

Washington, D. C. 20515-6201 

Whitney Rencountre Re: H. R. 1426 

Treasurer 

Tina Grey Owl 

Secretary 

Wanda Marks 

Council Member 

Ronald Kirkie, Sr. 

Council Member 

Loren "Rocky'' Fallis 

Council Member 

Dear Mr. Richardson: 

For Several years, ,the Crew Creek Sioux Tribe has been working through 

a P. L. 93-638 contract with the Bureau of Indian Affairs, to upgrade the BIA 

dam in the Crow Creek District of our reservation. Consequently, the Tribe has 

experienced first-hand the difficulties of working with BIA on dam safety. I 

am encouraged to see that a legislative proposal had been developed to faciliatt 

the improvements that are needed at such dams, and I am writing to comment 

H.R. 1426. 

I agree with the bill's approach, that a dam safety 0 & M program be 

established within BIA, to facilitate the process of identifying and classifying problems at these facilities. At this point, it is clear that notwithstanding the recommendations of the General Accounting Office, the BIA has not 

dedicated adequate resouces to dam safety. There needs to be a seperate 

department for dam safety, instead of the status quo, whereby dam safety 

is something of an added responsibility to the Irrigation and Power Branch 

of BIA. 

The experience of the Crow Creek Sioux Tribe bears this out. We have 

been in the planning stage on our project, for nearly two years. There have 

been delays in disbursements from the Bureau's Aberdeen Area Office, which 

have delayed the planning process. This results from the fact, as mentioned 

above, that dam safety is simply an added responsibility in the Irrigation 

Branch. There is no seperate office whose sole mission is ensuring the safety 

of dams in Indian Country. The establishment of such a program within BIA 

would help enhance the Tribe's efforts, rather than obstruct them. 

Under Crow Creek's contract for dam safety, the delays have meant that 

planriing shall take three years. We are still developing an Environmental 

Impact Statement on alternatives for upgrading the dam. This process shall 

not be complete for several more months. Upon completion of the draft EIS, 

there shall be a public comment process, after which we shall finalize the 

EIS. At that point, we must design the improvements, which shall require 

several months more work, prior to letting and awarding bids a'nd moving on 

to construction. The planning and design phases simply should not take that 

long. Thus, based on the expel-ience of the Crow Creek Tribal Council, Section 

3 of the bill takes the proper approach in reforming the administrative process. 

P.O. BOX 50 • TELEPHONE: (605) 245-2221 e FAX # 245·2470 
Duane Big Eagle 

Chairman 

Tina (;rey Owl 

wanda -Marks CwneU Member 

Ronald Kitkle, Sr 

CwneH Member 

Loren "RQCky" Fallis 

Cwnell64 

CROW CREEK SIOUX TRIBE FORT THOMPSON, SOUTH DAKOTA 57339 

Letter to Chairman Richardson 

RE: H. R. 1426 

July 15, 1993 

Page Two 

However, in our opinion section 3 (d) should be delete-d, and a section 

should be added that has the opposite effect of the existing section 3(d). 

BIA' s Dam Safety Program should be about more than simply protecting the 

government from liability in the event of a failure of the dam. For example 

at Crow Creek the dam and reservoir constitutes a substantial recreation 

opportunity Tribal members and others. It is currently used for fishing and 

swiaeing • although there is poor access to the reservoir, and the Tribe has 

no resources for stocking the lake with fish. 

The Crow Creek Reservoir would be a terrific place for the Tribe to 

develop further. Through ita dam safety program, the BIA should work with 

Tribes not only in Upgrading the facilities, but also in further developing 

the dam and reservoir sites for recreational and economic uses. Otherwise, 

the program will provide for public safety by preventing failures at the dams. 

but the facilities themselves shall otherwise provide no useful purpose for 

Indian communities such as Crow Creek. 

The dam safety program established under lt.R. 1426 should include a 

component for recreation developa.ent for upgraded facilities. Fundable 

activiti~s should include road construct-ton, planning sud development funds 

for campsites and boat rmnps, and fisheries. In this manner, the program 

will comprehensively address the needs and potential uses for the existing 

facilities. 

Historically, .BIA' s water development program has failed to serve the 

needs of the Indian people. Irrigation projects. such as that at Crow C:re.ek, 

have been poorly planned~ constructed and maintained.. Ou:r rural water needs 

remain severe. The dams whose construction provided e.ployaent during the ' 

depression and potential water developsent benefits • are in danger of failing-. 

a.nd BI.A continuee to move slowly and i:o&dequately. Tbie prograa shQuld be 

improved, through the eetabli11haent of a aeperate prograa within BIA for ~ 

Safety and 0 & M, Yet the concept• of operation and .Untenance should inelude operation of the daa and reaervoir in a eotaprebenaive unner, that 

includes recreation and fiaheriea developnnt. 

In eua. the Crow Creek Sioux Tribe supports the eat&bliehae:nt of aeperate 

prograa within IliA for da aafety. Our 01m ezperience in planni"'! the iloprove 

mente at the Crow Creek cia. reflect tbi• nee.. However, B.J,. 1426 does not ao far enough. It should authorize fundin8 and direct IliA to work with Trib .. u pU.1111ing and developing roads and recreation oitoo, at tbe uparacled daa and 

reservoir project•. In this aanner, d.., progr- can addreao both the public 

aafety and econoaie and recreati.<m dt~~veloPMnt needa 011 r•••rvationa •ueb u 

Crov Creel<. 

Thauk you very -cb for your conoiderat101l of the concaru of tbe Cr"" Creek Tribe. If the Tribe em provide any aclditional info .... tion conc•m1.na 

P.O. BOX 50 • TELEPHONE: (605) 246-2221 • FAX I 246447ll 
Oonatd MeGhH 

VICe-Chairman 

Tlna Gtey Owl 

S<>c<eta.y 

Wanda Motka 

Council Member 

Ronakt Kifkie, Sr. 

Council Member 

Loren "ROCky" Fallis 

Council Member 

65 

CROW CREEK SIOUX TRIBE FORT THOMPSON, SOUTH DAKOTA 57339 

Letter to Chaiman llichardson 

Rll: H. R. 1426 

July 15, 1993 

Page Three. 

our experience working with- BIA 1 s current dam safety progr&ll or the status 

of o1,1r project and plans for the Crow Creek dam and reservoir, please contact 

my office. 

dm/dbe 

cc: CouncU.taembers 

P.O. BOX 50 e TELEPHONE: (605) 245·2221 e FAX # 245·2470 
66 

MIWI..SOSE Intertribal Water Rights {joalition 

Phone (605) 343-6054 

P.O. Box 226 

Rapid City, South Dakota 57709 

July 26, 1993 

The Honorable Bill Richardson, Chairman 

Subcommittee on Native American Affairs 

House Natural Resources Committee 

1522 Longworth House Office Building 

Washington, D.c.. 20515-6201 

Attn: Barbara Robles 

Re: Hearing Record on H.R. 1426 "Indian Dams Safety Act". 

Dear Chairman Richardson: 

Enclosed is a resolution from the Mni Sose Inter-tribal Water 

Rights Coalition offered in support of H.R. 1426. The Coalition's 

Board of Directors met on July 21 - 23, 1993 in Billings, Montana and 

undertook consideration of the text of the legislation which you 

introduced. Although the Board was generally supportive of the 

intent of H.R. 1426, it did not support the statutory prohibition 

in Section 3(d) concerning the enlargement of existing dams for 

increased water storage capacity or developing benefits beyond 

those provided by the original dams and reservoirs. It was 

understood that this prohibition marks a significant departure from 

the existing policy of Secretarial discretion to approve additional 

dam work, on a case-by-case basis, beyond the scope of mere 

rehabilitation and operation and maintenance. 

The effect of retaining and strengthening Secretarial discretion in 

regard to the operation, maintenance and rehabilitation of existing 

Indian dams would allow the Tribes, for example, to improve their 

water storage and supply capacity for agricultural, industrial, 

domestic and recreational needs as deemed appropriate on a case-bycase basis. This could occur in some cases at very little 

additional cost. It was the consensus of the Board that the 

statutory prohibition would detrimentally affect the water rights 

of the Coalition members, therefore, it is respectfully requested 

that the restriction in Section 3(d) be deleted and the legislation 

not restrict the existing Secretarial discretion with respect to Indian dams. 

The Coalition has notified all of its member Tribes and urged them to submit responses. However, in view of the short time frame for 

submission, only two of the member Tribes have been able to submit 

responses: the Standing Rock Sioux Tribe and the Crow Creek Sioux 

Tribe. If possible, the Coalition would ask that the Subcommittee 

also consider any other Tribal responses which might be 

forthcoming. 
67 

Honorable Bill Richardson, Chairman 

Subcommittee on Native American Affairs 

Page Two 

Again, the Coalition appreciates your consideration of its position 

and is encouraged by your efforts in regard to the safety of Indian 

dams. We genuinely hope that our comments are useful to you in 

developing H.R. 1426 so that it serves the best interests of its 

intended beneficiaries, the Indian people. 

Sincerely, 

~Ql~~ Colleen DuFour Baird 

Legislative Analyst 
68 

Ml¥1-SOSE latertrlbal Water Rights «;oalltloa 

July 14, 1992 

Phone(605)~54 

P.O. Box 226 

Rapid City. South Dakota 57709 

The Honorable Bill Richardson, Chairman 

Subcommittee on Native American Affairs 

House Natural Resources Committee 

1522 Longworth House Office Building 

Washington, D.C. 20515-6201 

Attn: Ms. Barbara Robles 

Re: Hearing Record on H.R. 1426 "Indian Dams Safety Act". 

Dear Chairman Richardson: 

I am writing on behalf of the Mni-Sose Intertribal Water Rights 

Coalition. Mni-Sose is comprised of twenty {20) member Indian 

Tribes who have water rights in the Missouri River Basin. The 

objective of Mni-Sose is to assert, develop, enhance and protect 

the water rights of its members. 

Mni-Sose is generally supportive of the Indian Dams Safety Act 

{H.R. 1426) would like an opportunity to provide testimony for the 

record on the legislation. Mni-Sose has also urged its membership 

to contact your subcommittee directly to offer their testimony. In 

view of the relatively short time frame for the development of 

additional testimony and the need for the Mni-Sose Board of 

Directors to meet and develop its testimony, it is respectfully 

requested that the record be left open until at least July 27, 

1993. The Mni-Sose Board of Directors will be holding its 

quarterly meeting in Billings, Montana on July 22-23, 1993, and 

will likely adopt a formal resolution in support of the 

legislation. 

The additional time for submission of testimony by the Mni-Sose and 

its members Tribes would not only be greatly appreciated but 

hopefully, assist your subcommittee in the final drafting of this 

important legislation. 

Sincerely, 

~~~ Legislative Analyst 
69 

MI¥1-SOSE lu.tertrlbal Water Rights Coalition 

Phone (605) 343-6054 

P.O. Box 226 

Rapid City, South Dakota 57709 

RESOLUTION 

OF 

MNI SOSE INTER- TRIBAL WATER RIGHTS COALITION 

WHEREAS, Mni Sose Inter-tribal Water Rights Coalition, Inc., 

(hereinafter Mni Sosel is a non-profit corporation that ~s 

dedicated to the preservation, enhancement and protection of the 

water rights of Indian Tribes in the Missouri River Basin; 

WHEREAS, legislation introduced by Chairman Bill Richardson on 

March 18, 1993, known as the Indian Dams Safety Act (H.R. 1426) 

would provide for the maintenance of dams located on Indian lands 

by the Bureau of Indian Affairs or through contracts with Indian 

Tribes; 

WHEREAS, the Secretary of the Interior has identified fifty-three 

(53) dams on Indian lands that pose a high hazard to human life and 

property due to inadequate and deficient maintenance; 

WHEREAS, it is critical to the economic development of Indian 

Tribes and the health and welfare of its members to have ample dam 

and reservoir water storage capacity for agricultural irrigation, 

municipal, domestic, industrial, livestock, recreation, fish and 

wildlife habitats and safe dams for flood control; 

WHEREAS, in addition to repair, rehabilitation, and the long term 

operation and maintenance of dams on Indian lands, there is a need 

for enlargement of existing dams to provide for increased storage 

and other development benefits; 

WHEREAS, the Secretary of the Interior currently retains the 

discretion to approve on a case-by-case basis additional 

improvements to existing Indian dams as funds are available; 

WHEREAS, Section 3(d) of H.R. 1426 would statutorily prohibit any 

work authorized by the Act for the purposes of dam safety operation 

and maintenance to provide additional conservation storage capacity 

or developing benefits beyond those provided by the original dams 

and reservoirs; 
Mni Sose Resolution 

H.R. 1426 

July 26, 1993 

70 

WHEREAS, Section 3 (d) would statutorily prohibit the Secretary from 

exercising such discretionary authority with respect to the 

rehabilitation and operation and maintenance of existing dams. 

THEREFORE BE I T RESOLVED, that the Mni Sose Inter-Tribal Water 

Rights Coalition supports the Indian Dams Safety Act (H.R. 1426) as amended to remove the statutory prohibition in Section 3 (d) 

pertaining to the enlargement of existing dams to increase water 

conservation storage capacity or developing other benefits beyond 

those provided by the original dams and reservoirs; 

THEREFORE BE IT RESOLVED, the Coalition supports the retention of 

secretarial discretion to determine on a case-by-case basis whether 

improvements to the existing Indian dams for the purpose of 

providing other benefits is appropriate; 

BE IT FURTHER RESOLVED, that the Coalition supports the individual 

positions of its member Tribes with respect to other provisions of 

the legislation, including the provision of additional benefits 

beyond those provided by the original dams and reservoirs. 

************ 

This is to certify that the above resolution was adopted and duly 

passed by the Board of Directors of the Mni Sose Inter-Tribal Water 

Rights Coalition on July 22, 1993, pursuant to authority vested in 

the Board under Article VI, Section 1 and 10 of its Charter. A 

quorum was present at the meeting wherein this resolution was passed. 

Page 2 of 2 
71 

Oglala Sioux Tribe 

BclxH 

l'Wle RldQt. SoUih Dakota 5777ll 

{605)8e7-5821 

Fax: (605)867-1004 

---I'IUL! 

-.... l.o.I'IJU. 

.... 

-1WOIIUIJ..& 

-

---- --IISTWOIOI""""'"' July 14, 1993 

--The Honorable Bill Richardson, Chairman 

Subcommittee on Native American Affairs 

1522 Longworth HOB 

U.S. HOUSE OF REPRESENTATIVES 

Committee on Natural Resources 

Washington, DC 20515-6201 

Dear Chairman Richardson: 

Thank you for the opportunity to submit testimony on the Indian 

Safety of Dams Act of 1993 (H.R. 1426) that you introduced on March 18. 

1993. The Oglala Sioux Tribe (OST) contracted the Safety of Dams (SOD) 

Program from the Bureau of Indian Affairs (BIA) in February of 1989 and 

bns been very aggressive &in~e tbeu w get the dams in operational order. 

To date. the OST has five dams in it's SOD Program that have been 

rated either Significant Hazard or High Hazard by the Bureau of 

Reclamation's (BOR) Safety Evaluation of Existing Dams (SEED) reporting 

process. These five dams include White Clay, Oglala. Kyle, Allen, and 

Wanblee Dams. With the aforementioned classifications, via the respective 

SEED Report&, the dams warranted immediate rehabllit4tiun funds and the 

program has attempted to utilize these engineering and construction 

appropriations in as efficient a manner as possible. These dams would 

probably be classified as poor and unsatisfactory in H.R. 1426's proposed 

classifications. 

The Pine Ridge Indian Reservation also has four (4) additional dams 

that were classified low ha?.ard and thus, not of immedia.te concern. ThC$e 

include Denby, Caines, Poor Bear, and East Dams. Upon monitoring them 
72 

however, they are currently scheduled for reevaluation in tbe upcoming 

fiscal year (FY-1994). These dams would probably be classified as 

conditionally poor in H.R. 1426's proposed classifications, prior to any 

reevaluations. 

To date, progress on the dams have been substantial. The SOD 

Proaram has completed all of the engineering work and construction 

rehabilitation work on Oglala and White Clay Dams, and it bas initiated tbe 

Deficiency Verification Analysis (DVA) pbaso activlty on Kyle and Allen 

Dams. Activity at Wanblee Dam however, bas not yet been initiated due to 

the fact that it is currently underaoins research by the Solicitor's Office to 

resolve the issue of the fee patent status of the land. 

Since it's inception in February of 1989, the SOD Prosram has been 

appropriated $3,830,798.26. A summary of tbe prosram's activities reveal 

that throllghout this four .md a balC (4 112) year pcdod, th~: tribe incurred 

$324,944.78 in administrative costs alone, just managing these various 

projects. These administrative costs were spent manaeing engineering 

activity that totaled $1,448,558.00 and construction activity that totaled 

$1,457,239.00 throughout this period. The SOD prosram costs inclltTCd to 

date therefore total $3,230,741.78. The remaining $600,056.411 that the 

SOD Program currently bas remaining in it's budget will be utilized on th~ 

program's remainins activities. As can be aeen, the remainder will be 

nowhere near enough and th~ program will have to be budgeted additional 

appropriations to complete the remaining dams. 

A quh:k review of the costs that have been incurred to date however, 

reveal that the engineering design and inspecuon acuviues totaled 

$675,124.93 for Oglala Dam and $507,170.07 for White Clay Dam. Kyle and 

Allen T>ams' initial engineering contracts that have been awuded toW 

$192,07S.OO and $74,188.00 respectively, althouah work is still in 

progress. The construction costs are equally as impressive. White Clay 

Dam was bid out to a private constructlon firm, it was completed in May of 

1992, and the final cost totaled $702,239.00. Oglala Dam was undertaken 

by the: tribl-. itself u the Primo Contrll(:tor, it will be complc:l.vd in July of 

1993, and the final cost will total approximately $755,000.00. 

A quick note that should be highlighted at this point is the fact that 

the tribe undertook the Oglala Dam Construction Project as the Prime 

Contractor utilizing the P.L. 93-638 Construction Contractin1 Amendments 

currently proposed in P.L. 100-472. The fact that the Oglala Sioux Tribe is 

one of the first tribes to undertake such a project, and having done it so 

effectively, is a tribute to the tribe's commitment to the development of 
73 

one of it's resources. The Indian Dam Safety Act of 1993 (H.R. 1426), dial 

you introduced earlier this year, will now provide the tribe with the 

operation and maintenance capabilities co cliO for the resources they have 

put ao much time and effort into rcnovatiDJ. As a ~sult., tlac: Lribc'K SOD 

Prouam will be utilizing two new pieces of enabling legislation, P.L. 100-

472 and H.R. 1426. in the development and maintenance of a substantial 

water resource on the Pine ,Ridge Indian Reservation. The SOD projects 

then>forc Pitt the OaJala Sioux Tribe Oil the leading edae of these two new })\eces Of eDabling lepslation, a fact that the otbet tribes will no doubt be 

trying to emulate in the near future. 

As was determined earlier, the aforementioned appropriations of 

$600,056.48 that the procram still baa budgeted, will be nowhere near 

enough to complete the required enpneering and construction activity on 

the unfinished dams. As a result, funds from the BIA Safety of Dams PY1994 appropriations are being budaeted this fall to complete the 

enginomna desian and inspcctiOD aetivities at Kyle and Allen Dams. Upon 

completion of the de.~ign work, con$tmcrion funds for at least Kyle Dam are 

going to be sought for the 1994 summer construction su.son and the tribe 

will again undertake the construction project as the Prime Contractor .... The 

budgetary planning process with the BIA's Aberdeen Area Office is 

therefore well uaderway and the SOD Program should be cxperiencine a 

similar level of funding and program activity in FY-1994 u in the previous 

four and a half (4 1/2) years. 

With such an aggrenive SOD Program, that bas invested so much 

time, effort", and finances in the renovation of these first two dams (Oglala 

and White Clay Dams), the BIA's Pine Ridge Agency is currently in the 

process of t1Jn1!nt the oj)Oration and maintenance of these two dams over 

to the tr!be. ~ -Pine Ridp Agency il doing II() at tho recommendation and 

encouragement of the BlA's Aberdeen AJ:ea Office Safety of Dams Division. 

With a total investment of $1,606,245.00 in Oglala Dam and $1,358,233.78 

in White Clay Da~ the tribe and the local BIA agency are now in the 

position of having no funds to conectly operate and maintain these 

structures. As a consequence, the hibe cannot assume control and 

responsibility of these structures from the BIA until funds can be obtained 

to do so propody. Until such time, the $2,964,478.78 that has been 

invested in Oglala and White Clay Dams is again sitting isolated, without 

the proper full-time supervision such investment warrants. 

The Indian Dams Safety Act of 1993 (H.R. 1426) is therefore the 

natural extension of the Raolii.Dllltion Safoty of Dama Act of 1978 (Public 

Law 95-578), that bas been the enabling legislation for these projects to 
74 

this point. Your act will now enable the tribes to protect 1be b•&• 

invatments they are cummtly puttina into 1be reatoratlon of. the intcsritJ 

of their existing dam structures, in their efforts to make them l&fe apiA 

and no longer a throat to tho population• cloWD strouD. 

The Oglala Sioux Tribe therefore commends you and fully aapport 

the Indian Dams Safety &:t of 1993. However, we feel stroi1Jly that the 

bill is too rutrictive in that Section 3(d) of the logialation would statll10rily 

prohibit any SOD funds from being used for addidoull srorqe capacity or 

developing benefits beyond those provided by the oriainal dams and 

reservoirs. We feel that the Conpess needs to ensure that funds and clear 

authorization be available to muimize and develop additioual •tol'al• of 

water on Indian Reservations, in addition to provldina for rehabilitation 

construction, and operation and maintenuce. Tho ability to do 10 durina 

rehabilitation design and conatruction would be mlach more COlt effective 

than havinJ to access other federal funds at a later date far thil additiooal 

storage capacity design and construction. Tho cost names p:esented above 

should justify the need to minimize development COitl whcnrfcr possible. 

Implementing the development process once would aenerato aabatantially 

fewer costs than would be generated should the entire proceas have' to be 

repeated over, after having just complc!ted it. 

With the implementation of this aet and the availability of fuda, u 

amended to include additional storage capacity (ideally), the tribe will DOt 

hesitate to assume control of their newly IOD.ovated dams. The ttan&ition 

proce:u currently on-going between the Oalala 'Siou. Tribe and the BIA 

Pine Ridge Agency would therefore be &iven the I\OCOSSIU')' impetus it is 

~;utreutly la~;k.ing, llli lhe tribe caunot afford to usume responsibWty 

without the OorreGponding fino.noial rosouroos. Tho Maovatiae iavestmeats 

($2,964,478.711) to thi~ point, and llny hereafter, would then be aiven the 

quality operation and maintenance such sizeable investments warrant. 

In r.lru~ine, thfl Oglala SiouJ. Tribe would again like to thank you for 

introducing the bill and affording us the opportunity to submit testimony 

for the record. · 
75 

THE CONFEDERATED SALISH AND KOOTENAI TRIBES 

OF THE FLATHEAD NATION 

JesephE.Dupuis · ExecotiveSecrenry 

Vemt. Claumoot· Eu:cuti;'e Treasurer 

Somicc Hewanll.orn· Serge.afl1·&t·Arms 

P. 0. Box27ll 

Pablo, Montana 59855 

(406) 675·2700 

FAX (406) 675·2806 

!FI!SAL COUNCil MEMBERS 

Michael T. ·t.tckey~ Pablo· Chait mar. 

LaurenceKenmille- Viee Chairman 

Ermer·sonny"Morigeatt.Jr.- Secreraty 

An1oine•fQ(Iy"!tlC3$:hO!a·l(93SUI(!I 

touisAdams 

Uoydl<vioo 

Patricl>,leflr;ooo 

Henty"Hank"8aylor 

Jotm'ChrJs"Lozeau 

D.FtedMaH 

TESTIMONY OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES 

OF THE FlATHEAD NATION 

ON HR 1426, THE INDIAN DAMS SAFETY ACT OF 1993 

SUBMITTED TO THE NATURAL RESOURCES SUBCOMMITfEE ON 

NATIVE AMERICAN AFFAIRS 

UNITED STATES HOUSE OF REPRESENTATIVES 

J1dy 16, 1993 
76 

TESTIMONY OF THE 

CONFEDERATED SALISH AND KOOTENAI TRIBES 

ON HR 1426, THE INDIAN DAMS SAFETY ACT OF 1993 

The Confederated Salish and Kootenai Tribes currently contract 

under the Indian Self-Determination Act with the Bureau of Indian 

Affairs for a Safety of Dams (SOD) Program at dams associated with 

the Flathead Agency Irrigation Division (FAID) on the Flathead 

Indian Reservation. The Flathead SOD Program was initiated in 1989 

to eliminate or ameliorate the identified Safety of Dams 

"Recommendations/Concerns" which have been determined to exist at 

the FAID's seventeen dams. 

In its most recent evaluation of our dams, the Bureau of 

Reclamation has determined that 15 of our 17 dams are in the 

SIGNIFICANT or HIGH HAZARD category and the remaining two are 

considered low hazard. As such, the Flathead Reservation has the 

somewhat dubious distinction of having the largest number of 

significant or high hazard dams of any reservation in the country. 

Since our program began, numerous studies and designs have been 

completed, SOD modifications at Black Lake Dam have successfully 

been completed, and SOD modifications at Pablo Dam are scheduled to 

commence this month (July, 1993). Over the next ten to fifteen 

years, this ongoing SOD program will correct SOD deficiencies at 

all of the dams in the Program. We are pleased to report that the 

BIA considers the Flathead SOD program to be an excellent model and 

has referred other tribes to us and recommended that they emulate 

what we have established. Our SOD Program Director has even 

visited other reservations to help them set up SOD programs. we 

are also proud to report that on our first major construction 

project at the Black Lake Dam, we came in under budget and ahead of 

schedule. 

The existing Bureau of Indian Affairs and Flathead SOD 

Programs do not address the problems which have been identified as Safety of Dams Operations and Maintenance (0 & M) Items at dams on 

the FAID. Prior to being contracted by the Tribes, the Bureau's 

program failed to address these items over the years in an effort 

to keep 0 & M costs low. Our contract with the BIA specifically 

excludes 0 & M items. The inadequate attention in the past to 

regular maintenance requirements for the BIA dams has resulted in 

unsafe dams which pose an imminent threat to people and property 

downstream. Currently, there are 223 identified SOD 0 & M Items 

which have not been corrected at the fifteen HIGH or SIGNIFICANT 

hazard FAID dams. 

The Confederated Salish and Kootenai Tribes support HR 1426, 

since this legislation will provide for the correction of operation 

and maintenance deficiencies at dams that pose an imminent threat 

to people and property downstream on the Flathead Indian 
77 

2 

Reservation. These deficiencies must be corrected to avoid future 

threats to human life and property. We may have to amend our 

contract with the BIA to get into 0 & M but - will al.so be 

required to add these costs to our irrigation project's debt of 

construction because under the particular statutes that authorized 

the construction of the (formerl.y namedi Flathead Indian Irrigation 

Project (now "FAID" ), 0 & M costs are deemed reimbursable. At 

Flathead these costs are distinguishable from SOD work needed to 

repair design flaws; work that is not ret.bursable. 

The Confederated Sal.ish and Kootenai Tribes offer the 

following co111111ents and proposed modifications to HR 1426 to clarify or improve the intent of this legislation: 

1. The bill provides for the Operation and Maintenance Program to 

remain the responsibility of, and funded within, the Bureau of 

Indian Affairs. The Confederated .Salish and Kootenai Tribes 

supports placing the responsibility of the program within the 

Bureau of Indian Affairs. We are glad to see this provision as we recall the attempts by the Bureau of Reclamation to have this 

program transferred to their agency. For the past three years, the 

Congress has wisely prohibited this proposed transfer. There is 

certainly a place in Indian country for the BOR~s technical 

expertise but that must remain in a subcontractual manner and'not 

in a managerial or policy making role. 

2. The bill provides for "638" contracting the SOD program to 

Tribes. The Confederated Salish and Kootenai Tribes strongly 

support the right of the Tribes to contract this program. 

3. Mr. Patrick Hayes, Director of Trust and Economic Development 

for the Bureau of Indian Affairs, testified at the Committee on 

Indian Affairs' hearing on August 4, 1992. The Administration's 

primary objection to the bill is that they believe it duplicates 

what is already being done in the Safety of Dams Program·at the 

Department of Interior. This is not true; the BIA SOD Program does 

not address the correction of operation and maintenance 

deficiencies as the program is used for design deficiencies, not 

for deficiencies that have resu1ted from the absence of 0 & M. 

Additionally, there is no specific authorization statute in place 

for the BIA's SOD program. 

4. The long-term Operation and Maintenance Program should include 

periodic inspection of dams [Sections 2(5) and 3(a)]. Language to 

add dam inspection should be added to the bill. 

5. O!?Qration and Maintenance rehabilitation work should be 

completed on all High and Significant Hazard Dams before 

rehabilitation work co111111ences on Low Hazard Dams. Thus, those dams 

posing a threat to the most people and property should be 

rehabilitated first [Section 3(b)]. The bill should be amended to 

clarify that Hazard classification of dams shall be from the 
78 

3 

Department of Interior Dam Safety Task Force Priority Ranking and 

Hazard Classification [Section 3(c)(2)]. Those classification 

standards should be made public. The same ranking system should be 

used to prioritize correction deficiencies that have resulted from 

the lack of operation and maintenance. 

6. The list of dams should include all operation and maintenance 

deficiencies that exist at the dams [Section 3(c)(l)]. The list of 

o & M deficiencies should be for all dams located on Indian lands, 

regardless of Hazard Classification. 

7. While it may be unique to Flathead, there likely needs to be 

bill or report language referring to the 0 & M Program and the 

Rehabilitation Program for dams within the Flathead Agency 

Irrigation Division. Said language should direct that these 

programs should remain subject to the existing applicable FAID 

statutes and contracts and that under no circumstances shall such 

activities be subsidized or paid for by net power revenues from the 

Flathead Agency Power Division. 

The proposed changes in language to the bill, which are described 

above, are attached. 
79 

[recommended redrafted version of] 

HR 1426 

IN THE HOUSE OF REPRESENTATIVES 

March 18, 1993 

MR. RICHARDSON introduced the following bill; which was referred to 

the Committee on Natural Resources 

A BILL 

To provide for the maintenance of dams located on Indian lands by 

the Bureau of Indian Affairs or through contracts with Indian 

tribes. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, 

SECTION 1. SHORT TITLE 

This Act may be cited as the • Indian Dalls Safety Operation and 

Maintenance Act of 1993•. 

SECTION 2. FINDINGS 

The congress finds that -

1 ) the Secretary of the Interior (hereafter in this Act referred to as the "Secretary•) has presently identified at least 53 dams on Indian lands that present a high hazard to human life in the event 

of a failure; 

2) inadequate past attention to regular operation and maintenance 

requirements together with structural deficiencies for dams 

operated by the Bureau of Indian Affairs (hereinafter in this Act 

referred to as the •Bureau•), have resulted in unsafe Bureau dams 

which pose an imminent threat to people and property; 

3) many Bureau dams have operation and .aintenance 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 operation and 

maintenance program, including dam inspection, utilizing the 

expertise in the Bureau, Indian tribes, and other Federal agencies. 
80 

SECTIPN 3. DAM SAFETY OPERATION AND MAINTENANCE PROGRAM. 

(a) ESTABLISHMENT - The Secretary shall establish a dam safety 

operation and maintenance program within the Bureau to ensure 

maintenance, inspection, and monitoring of the condition of each 

dam identified pursuant to subsection (c) necessary to maintain the 

dam in a satisfactory condition on a long-term basis. 

(b) REHABILITATION The Secretary shall perform such 

rehabilitation work as is necessary to correct and eliminate all 

design as well as operation and maintenance deficiencies at dams 

identified pursuant to subsection (c). Rehabilitation work shall 

be completed on all High and Significant Hazard Dams before any 

rehabilitation work commences on Low Hazard Dams. Upon the 

completion of rehabilitation on each dam, the dam shall be placed 

under the dam safety operation and maintenance program established 

pursuant to subsection (a) and shall be regularly maintained under 

the guidelines of such program. 

(c) IDENTIFICATION OF DAMS -

DEVELOPMENT OF LIST The Secretary shall develop a 

comprehensive list of dams located on Indian lands that describes 

the operation and maintenance deficiencies of each dam, and the DAM 

SAFETY HAZARD CLASSIFICATIONS of each dam. The dam safety hazard 

classification referred to in subsection (b) shall be from the 

Department of Interior Dam Safety Task Force Priority Ranking and 

Hazard Classification. 

(d) LIMITATION ON PROGRAM AUTHORIZATION - Work authorized by this 

Act shall be for the primary purposes of dam safety operation and 

maintenance and rehabilitation but nothing in this Act is intended 

to restrict the Secretary of the Interior or his designee from 

using funds authorized by this Act for the purposes of providing 

additional conservation storage capacity provided that the affected 

tribe consents to the additional storage capacity. 

(e) TECHNICAL ASSISTANCE - To carry out the purposes of this Act, 

the Secretary may obtain technical assistance free from other 

departments and agencies. Notwithstanding any such technical 

assistance, the dam safety program (established by the Secretary by 

order dated February 28, 1980, to prevent dam failure and the 

resulting loss of life or serious property damage) and the dam 

safety operation and maintenance program established under 

subsection (a) shall be under the direction and control of the 

Bureau of Indian Affairs. 

(f) CONTRACT AUTHORITY - In addition to any other authority 

established by law, the Secretary is authorized to contract with 

appropriate Indian tribes (as defined in section 4(e) of the Indian 

Self-Determination and Education Assistance Act (25 u.s.c. 

450b(e)) to carry out the dam safety operation and maintenance 

program established under subsection (a). 
81 

SECTIPN 4. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated such sums as may be 

necessary to carry out this Act.• 

1The si tuati.on at the Flathead Reservation may necessitate 

special bill and/or report language to be added at this point in 

the bill along the following lines: 

Operation and -intenance and rehab.ili tation work on d8111s 

within the Flathead Agency Irrigation Division shall remain 

subject to existing statutes and repayment contracts 

applicable to the FAID; provided, however, that under no circumstances shall such activities be subsidized or reimbursed from net power revenues from the Flathead Agency 

Power Division. 
.... "· ''"" .. c. DaNNII ltL~" 

Mavu• Y. TaHAN 

JDHN )'t, ltt'LI'I' 

82 

SPARKS & SILER, P.C. ATTOII'NaYa 

7t0:1 ,I .. T • ., ..... 

HO'P'P···~·· AIU'IONA ·······1'71 1aoa1 ••t-us• 

July 23, 1993 

Mr. Bill Richardson, Chairman 

Subcommittee on Native American Affairs 

u.s. Rouse of Representatives Committee on Natural Resources 

Washington, DC 20515-6201 

RE: ca.aents of san Carlos Apache Tribe on B.R. 1426, Indian Daa 

safety Act of 1993 

Dear Chairman Richardson: 

We represent the San Carlos Apache Tribe. Your letter to 

Chairman Harrison Talgo of the San Carlos Apache Tribal Council inviting comments on behalf of the Tribe to the proposed Indian Dam Safety 

Act or 1993 (R,R. 1426) has been referred to this office for response. 

On Friday, July 16, 1993 Kevin Tehan of our firm spoke with June 

Lorenzo of the Subcommittee staff and advised that we had only received on that day a letter from the Tribe instructing us to forward 

comments. We requested, on behalf of the Tribe, an extension through 

July 23, 1993 to submit comments and this request was granted by Ms. 

Lorenzo. 

The comments of the San Carlos Apache Tribe and requests for 

modification and clarification regarding the proposed legislation are as follows: 

l. Clarificttion of Scope of Legislation. 

The proposed act should be clarified at a number of points with 

respect to what dams are covered by what provisions of the Bill. 

Sections 2(1), 2(4) and 3(c) (1) refer to "dams on Indian lands". 

Section 2(2) refers to "dams operated by the Bureau of Indian Affairs• 

and "Bureau dams•; and section 2(3) again refers to "Bureau dams•. 

Sections 3(a) and 3(b) refer to "dam identified pursuant to subsection 

(c)•. The proposed language of the legislation thus seems to imply that there are •at least• 53 dams located on Indian lands and that all 

these dams are "Bureau dams• or "dams operated by the Bureau o£ Indian 

Affairs". 
Mr. Bill Richardson, Chairman 

Page 

Consideration should be given to addressing situations where 

private dams may be located within the exterior boundaries of Federal 

Indian Reservations as well as dams owned by other agencies of the 

Federal Government, or at least where private entities or other 

federal agencies "claim" ownership of dams located within Federal 

Indian Reservations. The Bill should be amended to require Federal 

inspection of these dams and, with respect to any dams that are found 

to be unsafe, to mandate their rehabilitation by the appropriate 

agency or private party. 

Consideration .should also be given to inclusion of dams located 

in watersheds above Federal Indian Reservations where the conditione 

of such dams, either as a result of failure of one, or the cumulative 

impact of the failure of one, or the simultaneous or successful 

failure of several upstream dams present a danger to Indian life and 

property in the event of a failure. 

In Arizona, the Havasupai Indian Tribe sustained significant damage to their village located in Cataract Canyon, within the Grand 

canyon, due to the failure of at least one and possibly several 

privately owned dam outside the Reservation but on the watershed 

feeding into Cataract Canyon. 

2. Classification of Dams on San Carlot Apache Reservation. 

The Tribe does not wish to have any dams located on the 

Reservation which it owns to appear on the list to be established 

pursuant to Section 3(c) to be classified as "Bureau dams• or "dams 

operated by the Bureau of Indian Affair•"• Accordingly, the legisla~ 

tion should be amended to refer, as appropriate, to "Tribal dams• or "dams operated by Indian tribes•. 

3. Potential Interference with Tribal Operations by BIA. 

Use of the term •operation• as it appears in Section 2(3), 3(a), 

3(b), and 3(d) in conjunction with the term •maintenance• raites 

potential problems fro. the Tribe's perspective. Such language could 

be used as the grounds for unjustified BIA interference in the 

legitimate exercise of water rigbts by Indian Tribes in the name of 

safety of Tribal or BIA dams. Accordingly, the legislation should be 

amended to expressly provide for Tribal consultation and consent and, if necessary, Federal judicial review of any proposed action to impose unwanted operational regimens on daas serving Indian lands and 

communities. The legislation should expressly provide that the 

Secretary shall assure that the secretary shall not unreasonably interfere with the property right! and claims of Indian Tribes where 

daas are located upttreaa fro., or within, or partially within the 

Tribe'• Retervation. 
Mr. Bill Richardson, Chairman 

Page 

~. Liability of Tribes. 

The propose4 legislation should be amended to address the matter 

of the liability of Indian Tribes that contract for the Safety of Dams 

Program. 

5. Tribal Autonomy. 

The legislation should be amended to provide that no Indian Tribe 

may contract for the Safety of Dams Program for dams located with 

another Tribe's Reservation without the consent of that Tribe. 

6. Blection or Bureau of Reclamation. 

The Bill should be amended to grant Indian Tribes the right to 

elect to have the rehabilitation work authorized under the legislation 

to be performed by the Bureau of Reclamation or Corp or Engineers. 

The San Carlos Apache Tribe greatly appreciates the opportunity 

to present ita views regarding the proposed legislation to the· 

Subcommittee on Native American Affairs. The Tribe will be happy to 

expand any of the comments made if so requested by the Subcommittee or its staff. 

Very truly yours, 

cca Harrison Talgo, Sr., Chairman 

San Carlos Apache Tribe 

SCT-100254 

SPARKS ' SILBR, P.C. 

Joe P. Sparks 
85 

July 14, 1993 

The Honorable Bill Richardson, Chairman 

SUb-Committee on Native Aaerican Affairs 

House Natural Resource• Ca.mittae 

1522 Longworth Houae Office Building Washington, D.C. 20515-6201 

ATTN: Ms. Barbara Robles 

Dear Chairman Richardson; ,. ....... ,.. . ... , .J<~ ., 

Thank you for ¢raring the Standing Rock Sicwr: Tribe the 

opportWlity to su.bllit for. the .recor'!f our testimony and views on H.R. 1426, the Indian na.. Safety ~ of ~993 •. . ~· :·.~ _.;.· .-1!C..:4i·.;. ·.:..;.,·,/". t ~-.................. ...., ·.. . .... • :.1. 

Of tbe 69.dama which were elaaaif1ed .. hazardous nationally in Indian Cow:~try, t6are liad been Ol'le 1c!en~U1ed on the Standing Rock Indian Reservation which bAY been co-.,leted w1 th the exception 

ot the fenc:inq and tile develos-ent of the ecce .. rq..cs to the site. 

The membau of the 8tand1nq Roc:k Sioux · 1'r11Na1 Council are not 

satisfied with the Bullhead Dam 11 as the onl:r buardous daa on· the 

Standinq Rock Indian Reservation. 

H.R. 1426, we beliaV'e, IIIOUld be an ucellent beqinning in 

operation and uintaininq dams on the Reservation as well .,.. correcting the defic:ianciea identified; boNever, the legislation limits dam works to rehabilitation and OQM only. We believe that 

there should be anti-!lood -asures built into the legislation which would assist in developing dams on creeks and strea.s on the 

Reservation, which are potentially d&nqerous for floodinq of Indian co~~U~~Unit.ies. On the Standing Rock Sioux Indian Reservation, there 

exists one dangerous creek whiCh had been identified and the Army Corps of Engineers did prepare a Design Report on this particular creek. 

Mr. Chairman, I 11111 submittinq a copy of the Design of Oak 

Creek Flooding at Walpala, South Dakota to the co .. ittee for your review to address •• a possible Demonstration Site to develop a danqerous creek into a flood control measure by damming the creek. 

On the Standing ROck Indian Reservation aqain on the South 

Dakota side, we find that the Shadehill Reservior which is located 

just off the Reservation is potentially available for 

administrative- transfer to the Tribe for management and would 

reqnest the Committees' attention to this. If this occurs, would 

Offi<:t 'P*mc ~4-7231 
Honorable Bill Richardson 

July 14, 1994 

Page '1'Wo 

86 

the Shadehill Re•ervior be classified as a •aureau 4&."? We would 

think ao. There should not be any provisions within this 

lagialation to li11i t the adding of ~/reservoirs which are transferred to the Indian Tribes for II&JUl!]Uient purposes fro. ot:har 

Federal agencies. 

Mr. Chairun, we strongly urge your eo-tttee to include 

l&n!]U&ge in thia leqtdation that would address the possible ac~lation by the respective lndien Tri~ of ~/reservoirs on tributaries/creeks/rivers flow through Reservations and 

d ... /reaervoira are riverine areaa right off 

the Reaervation. abould be authOrised 

to provide received by the respective Lnn~.a· 

Lastly, requested the 

Niuouri R 

There is no preaervation 

River. The St<lmCU!IIIi 

eonaider the uae of r... ....... ,.., _ ... ,.,_,~""''• 

of the .ana!JM4Ult . of 

~k you for allowiDI] us to a\ltllli t infonaation for t:be record 

end our views rqardift9 the Shadehill Reserv:l.or, 0a1t Creek 

flooding, and the Missouri River ~~ana;ll!llleDt. 

Cluu:les w. Murphy, Cbatnaan-VJICe 

Standing Rock Sioux Tribe 

cc: file 
87 

July 15, 1993 

Walker River Paiute Tribe 

Walker River Indio Reservatiml 

P.O. lies 2%0 • Sebun, Nevada 8114Z7 

Phoae: 11021 77:1-2306 

Statement of Anita M. Collins, Cluzirman of the Walker River Paiute Tribe of Nev~Uhl, to the 

Houstt Natural Resources Subcommitttte on Native American Affairs on HR 1426, the Indian 

Dams Safety Act of 1993. 

Chainnan Ricbardson and Members of the Subcommittee: 

The Walker River Paiute Tribe is pleased to submit written testimony on HR 1426. The 

funding of a dams rehabilitation and maintenance program within the BlA is extremely 

impottant, especially 011 Indian reservations where datns built io the nineteen- thirties and 

nineteen-forties have been allowed to deteriorate to a point of disrepair. These actions have 

culminated in a multitude of dams which are now lllted from low to high hazard. 

Weber Dam Status 

On our reservation, located in west-central Nevada, we have one storage dam, Weber Dam, 

which is classified as a high hazard dato. Weber Dam is iocated approximately seven miles 

northwest of Schurz, our central residential and administrative community. This Dam is an 

earth-filled dam constructed in 1934 with a storage capacity of 10,720 acre feet that provides 

irrigation water for individual Indian and non-Indian ranchers downstream. It also serves us 

io a flood control capacity. 

The dam is located on a fault line and is now leaking hadly. Geological surveys also show 

unsteady soil around the dam. [f Weber Dam were to collapse, a 2S foot wall of water would 

hit the rust house in 15 minutes. 30 minutes after that downtown Schurz would be wiped out 

including the day care center, the school (with over 125 children and ten ataff), the health 

clinic, the Tribal Administration building, senior citizens center, tribal court and post office 

plus bumes. Of statewide and even national concern, the flood would take out l-95, the 

major highway in Nevada and the railroad. The railroad has many uses including the almost 

daily transport of ammunition to the Hawthorne Army Ammunition Plant. 

The Tribe has contracted with the BIA under the Indian Self-Determination Act to manage 

our Safety of Dams Program, and we are now completing the Conceptual Design stage. 

Some of that work has been subcontracted to the Bureau of Reclamation. Our Deficiency 

Verification Analysis (OVA) concludes that modifications are necessary to correct hydrologic, 

hydraulic, structural, and mechanical dam safety deficiencies. These include the following: 
Walkex River Paiute Testimony 

HR 1426- Safety of Dams 

Page 2 

88 

(1) inadequacy of spillways to safely pass floods greater than 7% of a probable maximum 

flood (PMF) without overtopping or collapsing the walls of the dam, and (2) deteriorated 

condition of the service spillway, radial gates, and operators as well as the seismic and flash 

flood potential. Our next stage is Final Design and actual construction, the costs of which 

are tentatively estimated to be approximately $10 million. 

Tribal Perspective of HR 1426 

It is of great importance that a Safety of Dams Maintenance Program - and not just a repair 

program - be established and funded as soon as possible because so many dams have been 

allowed to deteriorate for some sixty yean; without proper maintenance and operation. Most 

dams were constructed prior to any regulation or building standards. Weber Dam, for 

example, has had seepage problems from day one. The work at Weber Dam to be done 

includes back filling and riprapping, replacement of outlet works and slide gates, cracked and 

spilled concrete in the spillway and outlet, works structures needing repair, gate control house 

needing replacement, and security from vandalism. This is repair or maintenance only, but 

day-to-day operations activities and costs also needs to be addressed in the legislation, 

including needs arising under the irrigation season, spring floods, flash floods during 

inclement weather, or earthquake activity. 

We are very much concerned about the ranking factors for safety conditions of dams. There 

are no technical guidelines that have been shared with us for ranking high hazard, high 

value-low hazard, etc., dams. Of course, since Weber Dam is upstream from our community, 

we have a high potential for loss of life. How does each BIA Area Office define the safety 

factors for dams, and how can we be assured that one standard is used throughout Indian 

Country? The bill (HR 1426) indicates that dams will be brought up to Satisfactory 

Condition. We wonder how this will be gauged and by whom? 

We also believe that there are many low hazard dams that may soon become high hazard 

dams without proper maintenance. It should be made clear that the 53 dams referred to in 

HR 1426 are not the only dams the BlA has responsibility fur but rathex, are only those that 

have been presently identified in the siguificant and high hazard categories. We wonder if 

our dam and others should also be recognized as a high value dam due to loss of community 

facilities and private property if they were to fail. Weber Dam is also a popular fishery and 

recreation area in Nevada, with several species of trout and bass, including an ESA 

Threatened Species: the Lahonton O..t-Throat Trout. We note that we need to include fish 

ladders for spawning of the trout, since they were not included in the thirties nor any time 

since. It is not clear that such structures would fit into the confines of the legislation in its 
Walker.River Paiute Testimony 

HR 1426- Safety of Dams 

Page 3 

89 

present form. Provisions may need to be lllldcd to the legislation allowing for structural 

changes such as fish laddcts to assure that the dams are not damaging to fish and wildlife. 

This brings us to enhancement and enlargement of dams under the SOD Program. The 

Phoenix Area Off'ICC stipulales that SOD funds cannot be used as such (even though there is 

no SlalUtory or regulatory document that we have ever seen to this effect); but ralher, Phoenix 

insisls that funds to enlarge a dam must come from Irrigation Rebabilitalion & Betterment 

(R & B). However, the BIA never requests any Irrigation R & B funds, so this altemative 

is meaningless. We have called for oversight hearings in this regard in the past and again 

reiterate the need for hearings to examine the statua of the Bureau's Irrigation R & B 

program, or more accurately the lack of any such program from a funding perspective. In 

some instances, enlargement designs are very much needed for safely purposes; for instance 

to prevent overtopping. By means of example, if Weber Dam were raised 15 or 30 feet, it 

would certainly lessen the danger of an overtopping that could result in a high loss of life 

downstream. Additionally, it is going to be much more costs effective, and could save the 

government millions of doUara, to rehabilitate a dam for both repair and expansion, than it 

would be to undertake two separate design and construction projects. We would urge that 

the language of section 3(d) be stricken and replaced with language malring it clear that the 

Department does have the authority to usc SOD funds for expansion or to provide benefits 

beyond those originally intended. It may even be • good idea to amend section 3(cX1) which 

requires that a list of dams be developed to include a separate provision for the development 

of a list of tribes on whose reservations dams are located that would benefit by expansion. 

We hope that the Committee wiU clarify HR 1426 to make it clear that the operation and 

maintenance program referenced in section 3 is inteoded to truly include a program for daily 

and annual Operations of these darns in addition to the referenced provisions for Maintenance. 

Perhaps if the BIA had funding for 0 & M during previous yeara, the current problem would 

not be so great. 

We would also like to address reimbursement issues involving water users in 

construction/mainteoance of dams programs. Tribal people are not able to afford the costs 

of reimbursing the U.S. Government for the costs of multi-million dollar federal dam projects 

which, if left unrepaired, could lead to the potential loss of lives and property and a resultant 

federal liability. HR 1426 should clarify that SOD work is non-reimbursable. This would 

be consistent with ongoing practice as well as an important colloquy that took place on the 

floor of the House of Representatives a couple of years ago during consideration of the 

Interior (BIA} Appropriations bill. That colloquy was between Congressman Pat Williams and 

Congressman Sid Yates, in his capacity as Otainnan of the Interior Appropriations 
Walker .River Paiute Testimony 

HR 1426 - Safety of Dams 

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Subcommittee. In that colloquy, Cbainnan Yates made it clear that SOD funds were not 

considered Rimbutsable. 

We again want to reiterate our strong feelings that the Bureau of Indian Affairs has been 

remiss over the years in not requesting adequate funds to maintain and operate federal dams 

which the Interior Department has built on various Indian mlerV&tioos. These dams are worth 

millions of dollars with both important safety as well as economic considerations for the self-

~fficiency of our communities. There needs to he enough money in the SOD program for 

Tnbes to oontract for routine 0 & M activities as well as construction repair, to hire their 

own on-site technical staff, and to cover indirect costs on an on-going basis. It is 

noteworthy that the Bureau of Indian Affairs' request for a Safety of Dams program continues 

to he far below the requestS submitted to the House and Senate Appropriations Committees 

by the Bureau of Reclamstion when it proposed to take over the BIA's program. Why wnuld 

the Department not allow the BIA to submit a request for funding for dam repairs that was 

as high as the BOR's request for the same repairs? 

We are also concerned that the BIA docs not now have the adequate technical staff to oversee 

the SOD program and the Congress needs to examine wbetber there are sufficient FTEs to 

manage this program and ensure that they are properly trained in this particular field. It is 

also important to ensure that tribes who chose to contract for SOD work have the critically 

needed on-site technical expertise. We recommend that HR 1426 be expanded to cover the 

above issues and concerns and we propose that the Bureau of Indian Affairs establish 

regulations on the Safety of Dams program so that all Areas will have atandards to clarify 

ranking. and other procedures and priorities of the SOD programs. It is important to include 

the affected tribes in the drafting of such rules and to ensure that both the existing program 

and those programs which are authorized by this Act he allowed to continue while such rules 

are being promulgated. 

Thank you very much for this opportunity to submit our testimony and we look forward to 

some positive changes in the Bureau of Indian Affairs Safety of Dams Program. 

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