25 U.S.C. § 3803: Dam Safety Maintenance and…

Summary

The Secretary must set up a dam safety maintenance and repair program in the Bureau of Indian Affairs to keep certain dams on Indian lands in good long-term condition. All work and staff from the earlier Dam Safety Program (the Secretary’s order of February 28, 1980) and any Bureau personnel assigned to that program as of August 23, 1994, move into the new program. The Secretary must do needed repairs and regular upkeep for the dams on the list, make a maintenance action plan that prioritizes work for dams rated high or significant risk, and prepare an annual report with the dam list, each dam’s place on the plan, and the total and yearly cost estimates for repairs. The report must be sent when the budget is sent under section 1105 of title 31 to the House Subcommittee on Native American Affairs of the Committee on Natural Resources and the Senate Committee on Indian Affairs. The Secretary must make a full list of dams on Indian lands that shows each dam’s safety condition, risk level, and problems caused by poor maintenance. Safety condition labels are: Satisfactory (no known problems), Fair (okay for normal use but may fail in rare events), Conditionally poor (likely problems in some realistic unusual events), Poor (problems under normal use; quick action and restrictions may be needed), and Unsatisfactory (problems now; immediate fixes required). Risk levels are: High (six or more lives at risk or extensive property damage), Significant (one to six lives at risk or significant property damage), and Low (no lives at risk and limited property damage). Work paid under this law is for safety maintenance and structural repair only, but up to 20 percent of repair costs may be used, at a tribe’s request, to add extra storage or other benefits. The Secretary may get free technical help from other agencies but the Bureau remains in charge, and may contract with tribes under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) to carry out the program.

Title 25, §3803

Indians, Source: USLM XML via OLRC

(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 August 23, 1994, 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 August 23, 1994, 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 (D) Poor (E) Unsatisfactory

A potential dam safety deficiency is recognized for unusual loading conditions that may realistically occur during the expected life of the structure.

(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 chapter 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 chapter 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 chapter, 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. 450 et seq.) to carry out the Dam Safety Maintenance and Repair Program established under this chapter.

(i)Annual report

The Secretary shall submit an annual report on the implementation of this chapter. 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 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (h), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 5301 of this title and Tables.

Amendments

1996—Subsec. (h). Pub. L. 104–109 substituted “under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)” for “(under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e))), as amended,”.

Change of Name

Subcommittee on Native American Affairs changed to Subcommittee for Indigenous Peoples of the United States.

§3803 Dam Safety Maintenance and Repair Program