[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.