25 U.S.C. § 3803 : US Code - Section 3803: Dam Safety Maintenance and Repair Program

Search 25 U.S.C. § 3803 : US Code - Section 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.