[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1426 Reported in House (RH)]
Union Calendar No. 331
103d CONGRESS
2d Session
H. R. 1426
[Report No. 103-600]
_______________________________________________________________________
A BILL
To provide for the maintenance of dams located on Indian lands by the
Bureau of Indian Affairs or through contracts with Indian tribes.
_______________________________________________________________________
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
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 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 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 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
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 ensure 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 satisfactory 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 pursuant 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
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.
(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
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.
(f) Technical Assistance.--To carry out the purposes of this Act,
the Secretary may obtain technical assistance from other departments
and agencies. Notwithstanding any such technical assistance, the dam
safety program (established 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 maintenance 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 section 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 required 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 notwithstanding any other authority to
the contrary, and nothing in this Act shall be construed to change or
amend existing laws and related payment contracts with irrigation
districts.