[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1426 Referred in Senate (RFS)]

103d CONGRESS
  2d Session
                                H. R. 1426


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 26 (legislative day, July 20), 1994

  Received; read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 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.

            Passed the House of Representatives July 25, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.