25 USC 3801 - Findings

§ 3801. Findings
§ 3802. Definitions
§ 3803. Dam Safety Maintenance and Repair Program
§ 3804. Authorization of appropriations
§ 3805. Indian dam safety

§ 3801. 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.

(Pub. L. 103–302, § 2, Aug. 23, 1994, 108 Stat. 1560.)

§ 3802. Definitions

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.

(Pub. L. 103–302, § 3, Aug. 23, 1994, 108 Stat. 1560; Pub. L. 104–303, title II, § 215(d), Oct. 12, 1996, 110 Stat. 3694.)

§ 3803. Dam Safety Maintenance and Repair Program

(a) Establishment

(b) Transfer of existing functions and personnel

(d) Maintenance action plan

(e) Identification of dams

(1) Development of list

(2) Dam safety condition classifications

The dam safety condition classification referred to in paragraph (1) is one of the following classifications:

(A) Satisfactory

(B) Fair

(D) Poor

(E) Unsatisfactory

(3) Risk hazard classification

The risk hazard classification referred to in paragraph (1) is one of the following classifications:

(A) High

(B) Significant

(f) Limitation on program authorization

(g) Technical assistance

(h) Contract authority

(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, § 4, Aug. 23, 1994, 108 Stat. 1561; Pub. L. 104–109, § 3, Feb. 12, 1996, 110 Stat. 764.)

§ 3804. Authorization of appropriations

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.

(Pub. L. 103–302, § 5, Aug. 23, 1994, 108 Stat. 1563.)

§ 3805. Indian dam safety

(a) DefinitionsIn this section:

(1) Dam

(A) In general

(B) Inclusions

(2) FundThe term “Fund” means, as applicable—

(A) the High-Hazard Indian Dam Safety Deferred Maintenance Fund established by subsection (b)(1)(A); or

(B) the Low-Hazard Indian Dam Safety Deferred Maintenance Fund established by subsection (b)(2)(A).

(3) High hazard potential dam

(4) Indian tribe

(5) Low hazard potential dam

(6) Secretary

(b) Indian Dam Safety Deferred Maintenance Funds

(1) High-Hazard Fund

(A) EstablishmentThere is established in the Treasury of the United States a fund, to be known as the “High-Hazard Indian Dam Safety Deferred Maintenance Fund”, consisting of—

(i) such amounts as are deposited in the Fund under subparagraph (B); and

(ii) any interest earned on investment of amounts in the Fund under subparagraph (D).

(B) Deposits to Fund

(i) In general

(ii) Availability of amounts

(i) In generalSubject to clause (ii), for each of fiscal years 2017 through 2030, the Secretary may, to the extent provided in advance in appropriations Acts, expend from the Fund, in accordance with this section, not more than the sum of—(I) $22,750,000; and(II) the amount of interest accrued in the Fund.

(ii) Additional expenditures

(D) Investments of amounts

(i) In general

(ii) Credits to Fund

(E) Transfers of amounts

(i) In general

(ii) Adjustments

(F) TerminationOn September 30, 2030—

(i) the Fund shall terminate; and

(ii) the unexpended and unobligated balance of the Fund shall be transferred to the general fund of the Treasury.

(2) Low-Hazard Fund

(A) EstablishmentThere is established in the Treasury of the United States a fund, to be known as the “Low-Hazard Indian Dam Safety Deferred Maintenance Fund”, consisting of—

(i) such amounts as are deposited in the Fund under subparagraph (B); and

(ii) any interest earned on investment of amounts in the Fund under subparagraph (D).

(B) Deposits to Fund

(i) In general

(ii) Availability of amounts

(i) In generalSubject to clause (ii), for each of fiscal years 2017 through 2030, the Secretary may, to the extent provided in advance in appropriations Acts, expend from the Fund, in accordance with this section, not more than the sum of—(I) $10,000,000; and(II) the amount of interest accrued in the Fund.

(ii) Additional expenditures

(D) Investments of amounts

(i) In general

(ii) Credits to Fund

(E) Transfers of amounts

(i) In general

(ii) Adjustments

(F) TerminationOn September 30, 2030—

(i) the Fund shall terminate; and

(ii) the unexpended and unobligated balance of the Fund shall be transferred to the general fund of the Treasury.

(1) Program establishment

(A) In generalThe Secretary shall establish a program to address the deferred maintenance needs of Indian dams that—

(i) create flood risks or other risks to public or employee safety or natural or cultural resources; and

(ii) unduly impede the management and efficiency of Indian dams.

(B) Funding

(i) High-Hazard Fund

(ii) Low-Hazard Fund

(2) Eligible dams

(A) High hazard potential damsThe dams eligible for funding under paragraph (1)(B)(i) are Indian high hazard potential dams in the United States that—

(i) are included in the safety of dams program established pursuant to the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.); and

(iii)(I)(aa)1

1 So in original. No cl. (ii) has been enacted.

are owned by the Federal Government, as listed in the Federal inventory required by Executive Order 13327 (40 U.S.C. 121 note; relating to Federal real property asset management); and(bb) are managed by the Bureau of Indian Affairs (including dams managed under contracts or compacts pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.)); or(II) have deferred maintenance documented by the Bureau of Indian Affairs.

(B) Low hazard potential damsThe dams eligible for funding under paragraph (1)(B)(ii) are Indian low hazard potential dams in the United States that, on December 16, 2016—

(i) are covered under the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.); and

(ii)(I)(aa) are owned by the Federal Government, as listed in the Federal inventory required by Executive Order 13327 (40 U.S.C. 121 note; relating to Federal real property asset management); and(bb) are managed by the Bureau of Indian Affairs (including dams managed under contracts or compacts pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.)); or(II) have deferred maintenance documented by the Bureau of Indian Affairs.

(3) Requirements and conditionsNot later than 120 days after December 16, 2016, and as a precondition to amounts being expended from the Fund to carry out this subsection, the Secretary, in consultation with representatives of affected Indian tribes, shall develop and submit to Congress—

(A) programmatic goals to carry out this subsection that—

(i) would enable the completion of repairing, replacing, improving, or performing maintenance on Indian dams as expeditiously as practicable, subject to the dam safety policies of the Director of the Bureau of Indian Affairs established to carry out the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.);

(ii) facilitate or improve the ability of the Bureau of Indian Affairs to carry out the mission of the Bureau of Indian Affairs in operating an Indian dam; and

(iii) ensure that the results of government-to-government consultation required under paragraph (4) be addressed; and

(B) funding prioritization criteria to serve as a methodology for distributing funds under this subsection that take into account—

(i) the extent to which deferred maintenance of Indian dams poses a threat to—(I) public or employee safety or health;(II) natural or cultural resources; or(III) the ability of the Bureau of Indian Affairs to carry out the mission of the Bureau of Indian Affairs in operating an Indian dam;

(ii) the extent to which repairing, replacing, improving, or performing maintenance on an Indian dam will—(I) improve public or employee safety, health, or accessibility;(II) assist in compliance with codes, standards, laws, or other requirements;(III) address unmet needs; or(IV) assist in protecting natural or cultural resources;

(iii) the methodology of the rehabilitation priority index of the Secretary, as in effect on December 16, 2016;

(iv) the potential economic benefits of the expenditures on job creation and general economic development in the affected tribal communities;

(v) the ability of an Indian dam to address tribal, regional, and watershed level flood prevention needs;

(vi) the need to comply with the dam safety policies of the Director of the Bureau of Indian Affairs established to carry out the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.);

(vii) the ability of the water storage capacity of an Indian dam to be increased to prevent flooding in downstream tribal and nontribal communities; and

(viii) such other factors as the Secretary determines to be appropriate to prioritize the use of available funds that are, to the fullest extent practicable, consistent with tribal and user recommendations received pursuant to the consultation and input process under paragraph (4).

(4) Tribal consultation and user input

(A) In generalExcept as provided in subparagraph (B), before expending funds on an Indian dam pursuant to paragraph (1) and not later than 60 days after December 16, 2016, the Secretary shall—

(i) consult with the Director of the Bureau of Indian Affairs on the expenditure of funds;

(ii) ensure that the Director of the Bureau of Indian Affairs advises the Indian tribe that has jurisdiction over the land on which a dam eligible to receive funding under paragraph (2) is located on the expenditure of funds; and

(iii) solicit and consider the input, comments, and recommendations of the landowners served by the Indian dam.

(B) Emergencies

(5) Allocation among dams

(A) In general

(B) PriorityIn allocating amounts under paragraph (1)(B), in addition to considering the funding priorities described in paragraph (3), the Secretary shall give priority to Indian dams eligible for funding under paragraph (2) that serve—

(i) more than 1 Indian tribe within an Indian reservation; or

(ii) highly populated Indian communities, as determined by the Secretary.

(i) In general

(ii) Exception

(D) Basis of funding

(E) Applicability of ISDEAA

(d) Tribal Safety of Dams Committee

(1) Establishment of Committee

(A) Establishment

(B) Membership

(i) CompositionThe Committee shall be composed of 15 members, of whom—(I) 11 shall be appointed by the Secretary of the Interior from among individuals who, to the maximum extent practicable, have knowledge and expertise in dam safety issues and flood prevention and mitigation, of whom not less than 1 shall be a member of an Indian tribe in each of the Bureau of Indian Affairs regions of—(aa) the Northwest Region;(bb) the Pacific Region;(cc) the Western Region;(dd) the Navajo Region;(ee) the Southwest Region;(ff) the Rocky Mountain Region;(gg) the Great Plans 2

2 So in original. Probably should be “Plains”.

Region; and(hh) the Midwest Region;(II) 2 shall be appointed by the Secretary of the Interior from among employees of the Bureau of Indian Affairs who have knowledge and expertise in dam safety issues and flood prevention and mitigation;(III) 1 shall be appointed by the Secretary of the Interior from among employees of the Bureau of Reclamation who have knowledge and expertise in dam safety issues and flood prevention and mitigation; and(IV) 1 shall be appointed by the Secretary of the Army from among employees of the Corps of Engineers who have knowledge and expertise in dam safety issues and flood prevention and mitigation.

(ii) Nonvoting members

(iii) Date

(D) Vacancies

(E) Initial meeting

(F) Meetings

(G) Quorum

(H) Chairperson and Vice Chairperson

(2) Duties of the committee

(A) Study

(B) Recommendations

(C) ReportNot later than 1 year after the date on which the Committee holds the first meeting, the Committee shall submit a report containing a detailed statement of the findings and conclusions of the Committee, together with recommendations for legislation that the Committee considers appropriate, to—

(i) the Committee on Indian Affairs of the Senate; and

(ii) the Committee on Natural Resources of the House of Representatives.

(3) Powers of the Committee

(A) Hearings

(B) Information from Federal agencies

(i) In general

(ii) Request

(D) Gifts

(4) Committee personnel matters

(A) Compensation of members

(i) Non-Federal members

(ii) Federal members

(B) Travel expenses

(i) In general(I) Appointment(II) Confirmation

(ii) Compensation

(D) Detail of Government employees

(E) Procurement of temporary and intermittent services

(5) Termination of the Committee

(6) Funding

(e) Indian dam surveys

(1) Tribal reports

(2) BIA reports

(f) Flood plain management pilot program

(1) EstablishmentThe Secretary shall establish, within the Bureau of Indian Affairs, a flood plain management pilot program (referred to in this subsection as the “program”) to provide, at the request of an Indian tribe, guidance to the Indian tribe relating to best practices for the mitigation and prevention of floods, including consultation with the Indian tribe on—

(A) flood plain mapping; or

(B) new construction planning.

(2) Termination

(3) Funding

(Pub. L. 114–322, title III, § 3101, Dec. 16, 2016, 130 Stat. 1740; Pub. L. 115–270, title IV, § 4314, Oct. 23, 2018, 132 Stat. 3893.)