Indian Dams Safety Act of 1994
PL 103-302 (H.R.1426), enacted 08/23/1994

108 STAT. 1560 
PUBLIC LAW 103-302—AUG. 23, 1994 
Public Law 103-302 
103d Congress 
An Act 
Aug. 23, 1994 
To provide for the maintenance of dams located on Indian lands by the Biireau 
[H.R. 1426] 
of Indian Affairs or through contracts with Indian tribes. 
Be it enacted by the Senate and House of Representatives of 
Indian Dams 
the United States of 
America in Congress assembled, 
Safety Act of 
1994. 
SECTION 1. SHORT TITLE. 
note 
This Act may be cited as the "Indian Dams Safety Act of 
1994". 
25 use 3801. 
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 structured 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 aams 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. 
25 use 3802. 
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 Clsdms Settle-
ment Act, which is recognized as eligible for the special pro-
PUBLIC LAW 103-302—AUG. 23, 1994 
108 STAT. 1561 
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. 
25 USC 3803. 
(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. 
108 STAT. 1562 
PUBLIC LAW 103-302—AUG. 23, 1994 
(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. 
PUBLIC LAW 103-302—AUG. 23, 1994 
108 STAT. 1563 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
25 USC 3804. 
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. 
Approved August 23, 1994. 
LEGISLATIVE HISTORY—H.R. 1426: 
HOUSE REPORTS: No. 103-600 (Comm. on Natural Resources). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
July 25, considered and passed House. 
Aug. 11, considered and passed Senate.