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25 USC CHAPTER 40 - INDIAN DAMS SAFETY 01/06/03

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TITLE 25 - INDIANS

CHAPTER 40 - INDIAN DAMS SAFETY

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CHAPTER 40 - INDIAN DAMS SAFETY

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Sec.

3801. Findings.

3802. Definitions.

3803. Dam Safety Maintenance and Repair Program.

(a) Establishment.

(b) Transfer of existing functions and personnel.

(c) Rehabilitation.

(d) Maintenance action plan.

(e) Identification of dams.

(f) Limitation on program authorization.

(g) Technical assistance.

(h) Contract authority.

(i) Annual report.

3804. Authorization of appropriations.

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25 USC Sec. 3801 01/06/03

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TITLE 25 - INDIANS

CHAPTER 40 - INDIAN DAMS SAFETY

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Sec. 3801. Findings

-STATUTE-

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.

-SOURCE-

(Pub. L. 103-302, Sec. 2, Aug. 23, 1994, 108 Stat. 1560.)

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SHORT TITLE

Section 1 of Pub. L. 103-302 provided that: "This Act [enacting

this chapter] may be cited as the 'Indian Dams Safety Act of

1994'."

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25 USC Sec. 3802 01/06/03

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TITLE 25 - INDIANS

CHAPTER 40 - INDIAN DAMS SAFETY

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Sec. 3802. Definitions

-STATUTE-

As used in this chapter:

(1) The term "Bureau" means the Bureau of Indian Affairs.

(2) The term "dam" has the same meaning given such term by

section 467 of title 33.

(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 [43 U.S.C. 1601 et seq.], 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.

-SOURCE-

(Pub. L. 103-302, Sec. 3, Aug. 23, 1994, 108 Stat. 1560; Pub. L.

104-303, title II, Sec. 215(d), Oct. 12, 1996, 110 Stat. 3694.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in par. (4),

is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which

is classified generally to chapter 33 (Sec. 1601 et seq.) of Title

43, Public Lands. For complete classification of this Act to the

Code, see Short Title note set out under section 1601 of Title 43

and Tables.

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AMENDMENTS

1996 - Par. (2). Pub. L. 104-303 made technical amendment to

reference in original act which appears in text as reference to

section 467 of title 33.

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25 USC Sec. 3803 01/06/03

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TITLE 25 - INDIANS

CHAPTER 40 - INDIAN DAMS SAFETY

-HEAD-

Sec. 3803. Dam Safety Maintenance and Repair Program

-STATUTE-

(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.

-SOURCE-

(Pub. L. 103-302, Sec. 4, Aug. 23, 1994, 108 Stat. 1561; Pub. L.

104-109, Sec. 3, Feb. 12, 1996, 110 Stat. 764.)

-REFTEXT-

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.

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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-

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.

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25 USC Sec. 3804 01/06/03

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TITLE 25 - INDIANS

CHAPTER 40 - INDIAN DAMS SAFETY

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Sec. 3804. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated such sums as may be

necessary to carry out this chapter. Funds provided under this

chapter are to be considered nonreimbursable.

-SOURCE-

(Pub. L. 103-302, Sec. 5, Aug. 23, 1994, 108 Stat. 1563.)

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