[Congressional Record Volume 140, Number 98 (Monday, July 25, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 25, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                     INDIAN DAMS SAFETY ACT OF 1994

  Mr. JOHNSON of South Dakota. Mr. Speaker, I move that the House 
suspend the rules and pass the bill (H.R. 1426) to provide for the 
maintenance of dams located on Indian lands by the Bureau of Indian 
Affairs or through contracts with Indian tribes, as amended.
  The Clerk read as follows:

                               H.R. 1426

       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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
South Dakota [Mr. Johnson] will be recognized for 20 minutes, and the 
gentleman from Wyoming [Mr. Thomas] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from South Dakota [Mr. Johnson].


                             general leave

  Mr. JOHNSON of South Dakota. Mr. Speaker, I ask unanimous consent 
that all Members may have 5 legislative days in which to revise and 
extend their remarks on the legislation under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from South Dakota?
  There was no objection.
  Mr. JOHNSON of South Dakota. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, H.R. 1426 establishes a dam safety maintenance and 
repair program within the Bureau of Indian Affairs at the Department of 
the Interior. It authorizes the Secretary to perform such 
rehabilitation work as is necessary to bring dams located on Indian 
lands up to satisfactory condition. The bill requires the Secretary of 
the Interior to develop a maintenance action plan for those dams with a 
high or significant risk hazard rating.
  Finally, it requires the Secretary to submit to the Congress an 
annual report which includes a list of the dams located on Indian 
lands, a status report for each dam, the projected total cost of 
repairs for each dam, and a schedule of projected annual costs.
  Mr. Speaker, of the 69 dams administered by the BIA, 53 are high 
hazards and 11 present significant hazards. The GAO reports that 38 
Indian dams have a safety rating of poor or conditionally poor. 
Although, we have seen some progress made to improve the safety 
conditions of these dams, it is vitally important that the Secretary 
take the steps necessary to implement an ongoing safety maintenance and 
repair program for dams located on Indian lands.
  Mr. Speaker, H.R. 1426 provides the necessary framework to ensure 
that dams located on Indian lands do not threaten the lives and 
property of the people living in their shadow. This legislation 
reflects the views of Indian country and enjoys bipartisan support. I 
urge my colleagues to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. THOMAS of Wyoming. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, the gentleman from South Dakota has more than adequately 
set forth the provisions of this legislation, so I will be brief.
  H.R. 1426 deals with an important issue in Indian country: Dam 
safety. Safe, working dams on Indian lands are necessary to supply 
irrigation, flood control, municipal and tribal water supplies, and 
fish and wildlife habitat. Some 54 dams administered by the BIA have 
structural problems which are classified as presenting high or 
significant hazards to human life and property in the event of failure.
  Two of these dams are on the Wind River Reservation in my State of 
Wyoming: Ray Lake Dam and Washakie Dam. Problems at Ray Lake include 
cracks in the eastern structure, extensive erosion due to waive action, 
inadequate spillway capacity, and deteriorating concrete structures and 
supports.
  While the problems at Ray Lake are serious, those at Washakie Dam are 
critical. They include seepage and high foundation pore pressures 
underneath the main embankment, the inability of the dam to safely 
accommodate floods greater than 47 percent of the probable maximum 
flood, the possibility of a failure in dike No. 2, and others. The 
gentleman from New Mexico and I saw the physical manifestations of 
these structural defects when we visited the dam last year. We also saw 
the probable outcome in case of failure. Maps on the wall of the joint 
business council chamber highlighted in yellow the path of destruction 
a wall of water speeding down the valley would cause, sweeping 
countless homes and businesses before it.
  As we have learned, these types of problems are not unique to this 
reservation. I hope that by passing H.R. 1426 and investing in a 
solution now, we will avert a tragedy later. I urge my colleagues to 
support passage of this important legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. JOHNSON of South Dakota. Mr. Speaker, I yield such time as he may 
consume to the gentleman from New Mexico [Mr. Richardson], chairman of 
the Subcommittee on Native American Affairs.
  Mr. RICHARDSON. Mr. Speaker, I thank my colleague from South Dakota 
for dealing with these bills.
  I just came in from National Airport. I want to say that Indian 
issues are in good hands with the gentleman from South Dakota. I think 
there is no individual in our subcommittee that has worked more on 
native American issues.
  What we have done with this Indian dams bill, as the gentleman from 
Wyoming, the very able minority member knows, is that we have problems 
with the safety of Indian dams. What we have done in this bill is 
transfer the authority to the Bureau of Indian Affairs where it should 
be. This is a trust responsibility.
  There is also a trust responsibility to provide dam safety and proper 
operation and maintenance to dams on reservations. We visited some in 
the district of the gentleman from Wyoming. This legislation respects 
the sovereignty of tribes and delineates what is vital here and what 
the subcommittee's main thrust is, and that is to protect the native 
Americans and the Bureau of Indian Affairs and the Secretary of the 
Interior's trust responsibility.
  So I am here to thank the gentleman from South Dakota, the very able 
nonpartisan member from Wyoming, a good friend who has done outstanding 
work on this subcommittee.
  Mr. JOHNSON of South Dakota. Mr. Speaker, I have no further requests 
for time, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from South Dakota [Mr. Johnson] that the House suspend the 
rules and pass the bill, H.R. 1426, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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