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 recre-
ation 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, includ-
ing any Alaska Native village or regional corporation as defined
in or established pursuant to the Alaska Native Claims Settle-
ment Act, which is recognized as eligible for the special pro-
H. R. 1426—2
grams 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 rec-
ognized for normal loading conditions. Infrequent hydro-
logic or seismic events would probably result in a dam
safety deficiency.
(C) CONDITIONALLY POOR.—A potential dam safety defi-
ciency is recognized for unusual loading conditions that
may realistically occur during the expected life of the struc-
ture.
(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 prob-
lem.
H. R. 1426—3
(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 classi-
fication referred to in paragraph (1) is one of the following
classifications:
(A) HIGH.—Six or more lives would be at risk or exten-
sive 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 prop-
erty 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 devel-
oping 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 pre-
clude 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. Not-
withstanding any such technical assistance, the Dam Safety Mainte-
nance 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.
H. R. 1426—4
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.