103D CONGRESS
2D SESSION
H. R. 1426
AN ACT
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 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 op-
erated by the Bureau of Indian Affairs, unsafe Bu-
reau 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 and repair program, utilizing the exper-
tise 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 PRO-
GRAM.
(a) ESTABLISHMENT.—The Secretary shall establish
a dam safety maintenance and repair program within the
Bureau to ensure maintenance and monitoring of the con-
dition 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 PER-
SONNEL.—All functions performed before the date of the
enactment of this Act pursuant to the Dam Safety Pro-
gram established by the Secretary of the Interior by order
dated February 28, 1980, and all Bureau of Indian Af-
fairs 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 ref-
erence in any law, regulation, executive order, reorganiza-
tion 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 Main-
tenance 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 con-
dition. 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 in-
clude 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 result-
ing from maintenance deficiencies.
(2) DAM
SAFETY
CONDITION
CLASSIFICA-
TIONS.—The dam safety condition classification re-
ferred 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 con-
ditions. 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 de-
ficiency are recommended; reservoir restrictions
may be necessary until resolution of the prob-
lem.
(E) UNSATISFACTORY.—A dam safety de-
ficiency exists for normal loading conditions.
Immediate remedial action is required for reso-
lution 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 Sec-
retary 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 develop-
ment of increased storage or benefits under any other au-
thority or to preclude measures to protect fish and wildlife.
(g) TECHNICAL ASSISTANCE.—To carry out the pur-
poses of this Act, the Secretary may obtain technical as-
sistance on a nonreimbursable basis from other depart-
ments and agencies. Notwithstanding any such technical
assistance, the Dam Safety Maintenance and Repair Pro-
gram 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 au-
thorized 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 Safe-
ty 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 re-
port shall include—
(1) the list of dams and their status on the
maintenance action plan developed under this sec-
tion; 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 Amer-
ican Affairs of the Committee on Natural Resources of
the House of Representatives and the Committee on In-
dian 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.
Passed the House of Representatives July 25, 1994.
Attest:
Clerk.
103D CONGRESS
2D SESSION
H. R. 1426
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.