`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1426 Enrolled Bill (ENR)]

        H.R.1426

                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
 the twenty-fifth day of January, one thousand nine hundred and ninety-
                                  four


                                 An Act

  
 
  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 Dams Safety Act of 1994''.

SEC. 2. FINDINGS.

    The Congress finds that--
        (1) the Secretary of the Interior has identified 53 dams on 
    Indian lands that present a threat to human life in the event of a 
    failure;
        (2) because of inadequate attention in the past to problems 
    stemming from structural deficiencies and regular maintenance 
    requirements for dams operated by the Bureau of Indian Affairs, 
    unsafe Bureau dams continue to pose an imminent threat to people 
    and property;
        (3) many Bureau dams have maintenance deficiencies regardless 
    of their current safety condition classification and the 
    deficiencies must be corrected to avoid future threats to human 
    life and property;
        (4) safe working dams on Indian lands are necessary to supply 
    irrigation water, to provide flood control, to provide water for 
    municipal, industrial, domestic, livestock, and recreation uses, 
    and for fish and wildlife habitats; and
        (5) it is necessary to institute a regular dam maintenance and 
    repair program, utilizing the expertise in the Bureau, Indian 
    tribes, and other Federal agencies.

SEC. 3. DEFINITIONS.

    As used in this Act:
        (1) The term ``Bureau'' means the Bureau of Indian Affairs.
        (2) The term ``dam'' has the same meaning given such term by 
    the first section of Public Law 92-367 (33 U.S.C. 467).
        (3) The term ``Secretary'' means the Secretary of the Interior.
        (4) The term ``Indian tribe'' means any Indian tribe, band, 
    nation, pueblo, or other organized group or community, including 
    any Alaska Native village or regional corporation as defined in or 
    established pursuant to the Alaska Native Claims Settlement Act, 
    which is recognized as eligible for the special programs and 
    services provided by the United States to Indian tribes because of 
    their status as Indians.

SEC. 4. DAM SAFETY MAINTENANCE AND REPAIR PROGRAM.

    (a) Establishment.--The Secretary shall establish a dam safety 
maintenance and repair program within the Bureau to ensure maintenance 
and monitoring of the condition of each dam identified pursuant to 
subsection (e) necessary to maintain the dam in a satisfactory 
condition on a long-term basis.
    (b) Transfer of Existing Functions and Personnel.--All functions 
performed before the date of the enactment of this Act pursuant to the 
Dam Safety Program established by the Secretary of the Interior by 
order dated February 28, 1980, and all Bureau of Indian Affairs 
personnel assigned to such program as of the date of enactment of this 
Act are hereby transferred to the Dam Safety Maintenance and Repair 
Program. Any reference in any law, regulation, executive order, 
reorganization plan, or delegation of authority to the Dam Safety 
Program is deemed to be a reference to the Dam Safety Maintenance and 
Repair Program.
    (c) Rehabilitation.--Under the Dam Safety Maintenance and Repair 
Program, the Secretary shall perform such rehabilitation work as is 
necessary to bring the dams identified pursuant to subsection (e) to a 
satisfactory condition. In addition, each dam located on Indian lands 
shall be regularly maintained pursuant to the Dam Safety Maintenance 
and Repair Program established pursuant to subsection (a).
    (d) Maintenance Action Plan.--The Secretary shall develop a 
maintenance action plan, which shall include a prioritization of 
actions to be taken, for those dams with a risk hazard rating of high 
or significant as identified pursuant to subsection (e).
    (e) Identification of Dams.--
        (1) Development of list.--The Secretary shall develop a 
    comprehensive list of dams located on Indian lands that describes 
    the dam safety condition classification of each dam, as specified 
    in paragraph (2), the risk hazard classification of each dam, as 
    specified in paragraph (3), and the conditions resulting from 
    maintenance deficiencies.
        (2) Dam safety condition classifications.--The dam safety 
    condition classification referred to in paragraph (1) is one of the 
    following classifications:
            (A) Satisfactory.--No existing or potential dam safety 
        deficiencies are recognized. Safe performance is expected under 
        all anticipated conditions.
            (B) Fair.--No existing dam safety deficiencies are 
        recognized for normal loading conditions. Infrequent hydrologic 
        or seismic events would probably result in a dam safety 
        deficiency.
            (C) Conditionally poor.--A potential dam safety deficiency 
        is recognized for unusual loading conditions that may 
        realistically occur during the expected life of the structure.
            (D) Poor.--A potential dam safety deficiency is clearly 
        recognized for normal loading conditions. Immediate actions to 
        resolve the deficiency are recommended; reservoir restrictions 
        may be necessary until resolution of the problem.
            (E) Unsatisfactory.--A dam safety deficiency exists for 
        normal loading conditions. Immediate remedial action is 
        required for resolution of the problem.
        (3) Risk hazard classification.--The risk hazard classification 
    referred to in paragraph (1) is one of the following 
    classifications:
            (A) High.--Six or more lives would be at risk or extensive 
        property damage could occur if the dam failed.
            (B) Significant.--Between one and six lives would be at 
        risk or significant property damage could occur if the dam 
        failed.
            (C) Low.--No lives would be at risk and limited property 
        damage would occur if the dam failed.
    (f) Limitation on Program Authorization.--Work authorized by this 
Act shall be for the purpose of dam safety maintenance and structural 
repair. The Secretary may authorize, upon request of an Indian tribe, 
up to 20 percent of the cost of repairs to be used to provide 
additional conservation storage capacity or developing benefits beyond 
those provided by the original dams and reservoirs. This Act is not 
intended to preclude development of increased storage or benefits under 
any other authority or to preclude measures to protect fish and 
wildlife.
    (g) Technical Assistance.--To carry out the purposes of this Act, 
the Secretary may obtain technical assistance on a nonreimbursable 
basis from other departments and agencies. Notwithstanding any such 
technical assistance, the Dam Safety Maintenance and Repair Program 
established under subsection (a) shall be under the direction and 
control of the Bureau.
    (h) Contract Authority.--In addition to any other authority 
established by law, the Secretary is authorized to contract with Indian 
tribes (under the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b(e))), as amended, to carry out the Dam Safety 
Maintenance and Repair Program established under this Act.
    (i) Annual Report.--The Secretary shall submit an annual report on 
the implementation of this Act. The report shall include--
        (1) the list of dams and their status on the maintenance action 
    plan developed under this section; and
        (2) the projected total cost and a schedule of the projected 
    annual cost of rehabilitation or repair for each dam under this 
    section.
The report shall be submitted at the time the budget is required to be 
submitted under section 1105 of title 31, United States Code, to the 
Subcommittee on Native American Affairs of the Committee on Natural 
Resources of the House of Representatives and the Committee on Indian 
Affairs of the Senate.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary to carry out this Act. Funds provided under this Act are to 
be considered nonreimbursable.







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.`