IB
Union Calendar No. 331
103D CONGRESS
2D SESSION
H. R. 1426
[Report No. 103–600]
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 following bill; which was referred to the
Committee on Natural Resources
JULY 14, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 18, 1993]
A BILL
To provide for the maintenance of dams located on Indian
lands by the Bureau of Indian Affairs or through con-
tracts with Indian tribes.
Be it enacted by the Senate and House of Representa-
tives 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 1993’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) the Secretary of the Interior has identified 53
dams on Indian lands that present a high hazard 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 defi-
ciencies 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 nec-
essary 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 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.
SEC. 4. DAM SAFETY MAINTENANCE PROGRAM.
(a) ESTABLISHMENT.—The Secretary shall establish a
dam safety maintenance program within the Bureau to en-
sure maintenance and monitoring of the condition of each
dam identified pursuant to subsection (d) necessary to
maintain the dam in a satisfactory condition on a long-
term basis.
(b) REHABILITATION.—The Secretary shall perform
such rehabilitation and repair work as is necessary to bring
the dams identified pursuant to subsection (d) to a satisfac-
tory condition. Upon the completion of rehabilitation work
on each dam, the dam shall be placed under the dam safety
maintenance program established pursuant to subsection
(a) and shall be regularly maintained under the guidelines
of such program.
(c) 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 pur-
suant to subsection (d).
(d) 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 result-
ing 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 poten-
tial dam safety deficiencies are recognized. Safe
performance is expected under all anticipated
conditions.
(B) FAIR.—No existing dam safety defi-
ciencies are recognized for normal loading condi-
tions. Infrequent hydrologic or seismic events
would probably result in a dam safety defi-
ciency.
(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 defi-
ciency is clearly recognized for normal loading
conditions. Immediate actions to resolve the defi-
ciency are recommended; reservoir restrictions
may be necessary until resolution of the problem.
(E) UNSATISFACTORY.—A dam safety defi-
ciency exists for normal loading conditions. Im-
mediate remedial action is required for resolu-
tion 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.
(e) LIMITATION ON PROGRAM AUTHORIZATION.—Work
authorized by this Act shall be for the purpose of dam safety
maintenance. 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 capac-
ity 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.
(f) TECHNICAL ASSISTANCE.—To carry out the pur-
poses of this Act, the Secretary may obtain technical assist-
ance from other departments and agencies. Notwithstanding
any such technical assistance, the dam safety program (es-
tablished 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 mainte-
nance program established under subsection (a) shall be
under the direction and control of the Bureau.
(g) CONTRACT AUTHORITY.—In addition to any other
authority established by law, the Secretary is authorized to
contract with appropriate Indian tribes (as defined in sec-
tion 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e))) to carry out the dam
safety maintenance program established under subsection
(a).
(h) 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 re-
quired to be submitted under section 1105 of title 31, United
States Code, to 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 not-
withstanding any other authority to the contrary, and noth-
ing in this Act shall be construed to change or amend exist-
ing laws and related payment contracts with irrigation
districts.