§ 3803. — Dam Safety Maintenance and Repair Program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3803]
TITLE 25--INDIANS
CHAPTER 40--INDIAN DAMS SAFETY
Sec. 3803. 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) of this
section 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) of this section 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) of this section.
(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) of this section.
(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 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)
of this section 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.
(Pub. L. 103-302, Sec. 4, Aug. 23, 1994, 108 Stat. 1561; Pub. L. 104-
109, Sec. 3, Feb. 12, 1996, 110 Stat. 764.)
References in Text
The Indian Self-Determination and Education Assistance Act, referred
to in subsec. (h), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as
amended, which is classified principally to subchapter II (Sec. 450 et
seq.) of chapter 14 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 450 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
Committee on Natural Resources of House of Representatives treated
as referring to Committee on Resources of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress. Subcommittee on Native American Affairs
changed to Subcommittee on Native American and Insular Affairs.
