25 U.S.C. § 3805
In this section:
The term "dam" has the meaning given the term in section 467 of title 33.
The term "dam" includes any structure, facility, equipment, or vehicle used in connection with the operation of a dam.
The term "Fund" means, as applicable-
The term "high hazard potential dam" means a dam assigned to the significant or high hazard potential classification under the guidelines published by the Federal Emergency Management Agency entitled "Federal Guidelines for Dam Safety: Hazard Potential Classification System for Dams" (FEMA Publication Number 333).
The term "Indian tribe" has the meaning given the term in section 5304 of this title.
The term "low hazard potential dam" means a dam assigned to the low hazard potential classification under the guidelines published by the Federal Emergency Management Agency entitled "Federal Guidelines for Dam Safety: Hazard Potential Classification System for Dams" (FEMA Publication Number 333).
The term "Secretary" means the Secretary of the Interior, acting through the Assistant Secretary for Indian Affairs, in consultation with the Secretary of the Army.
There 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-
For each of fiscal years 2017 through 2030, the Secretary of the Treasury shall deposit in the Fund $22,750,000 from the general fund of the Treasury.
Amounts deposited in the Fund under clause (i) shall be used, subject to appropriation, to carry out this section.
Subject 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-
The Secretary may expend more than $22,750,000 for any fiscal year referred to in clause (i) if the additional amounts are available in the Fund as a result of a failure of the Secretary to expend all of the amounts available under clause (i) in 1 or more prior fiscal years.
The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals.
The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund.
The amounts required to be transferred to the Fund under this paragraph shall be transferred at least monthly.
Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates are in excess of or less than the amounts required to be transferred.
On September 30, 2030-
There 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-
For each of fiscal years 2017 through 2030, the Secretary of the Treasury shall deposit in the Fund $10,000,000 from the general fund of the Treasury.
Amounts deposited in the Fund under clause (i) shall be used, subject to appropriation, to carry out this section.
Subject 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-
The Secretary may expend more than $10,000,000 for any fiscal year referred to in clause (i) if the additional amounts are available in the Fund as a result of a failure of the Secretary to expend all of the amounts available under clause (i) in 1 or more prior fiscal years.
The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals.
The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund.
The amounts required to be transferred to the Fund under this paragraph shall be transferred at least monthly.
Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates are in excess of or less than the amounts required to be transferred.
On September 30, 2030-
The Secretary shall establish a program to address the deferred maintenance needs of Indian dams that-
Consistent with subsection (b)(1)(B), the Secretary shall use or transfer to the Bureau of Indian Affairs not less than $22,750,000 of amounts in the High-Hazard Indian Dam Safety Deferred Maintenance Fund, plus accrued interest, for each of fiscal years 2017 through 2030 to carry out maintenance, repair, and replacement activities for 1 or more of the Indian dams described in paragraph (2)(A).
Consistent with subsection (b)(2)(B), the Secretary shall use or transfer to the Bureau of Indian Affairs not less than $10,000,000 of amounts in the Low-Hazard Indian Dam Safety Deferred Maintenance Fund, plus accrued interest, for each of fiscal years 2017 through 2030 to carry out maintenance, repair, and replacement activities for 1 or more of the Indian dams described in paragraph (2)(B).
Maintenance, repair, and replacement activities for Indian dams under this section shall be carried out in accordance 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.).
The dams eligible for funding under paragraph (1)(B)(i) are Indian high hazard potential dams in the United States that-
The dams eligible for funding under paragraph (1)(B)(ii) are Indian low hazard potential dams in the United States that, on December 16, 2016-
Not 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-
Except 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-
If the Secretary determines that an emergency circumstance exists with respect to an Indian dam, subparagraph (A) shall not apply with respect to that Indian dam.
Subject to subparagraph (B), to the maximum extent practicable, the Secretary shall ensure that, for each of fiscal years 2017 through 2030, each Indian dam eligible for funding under paragraph (2) that has critical maintenance needs receives part of the funding under paragraph (1) to address critical maintenance needs.
In 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-
Subject to clause (ii), in allocating amounts under paragraph (1)(B), the Secretary shall allocate not more than $10,000,000 to any individual dam described in paragraph (2) during any consecutive 3-year period.
Notwithstanding the cap described in clause (i), if the full amount under paragraph (1)(B) cannot be fully allocated to eligible Indian dams because the costs of the remaining activities authorized in paragraph (1)(B) of an Indian dam would exceed the cap described in clause (i), the Secretary may allocate the remaining funds to eligible Indian dams in accordance with this subsection.
Any amounts made available under this paragraph shall be nonreimbursable.
The Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) shall apply to activities carried out under this paragraph.
The Secretary of the Interior shall establish within the Bureau of Indian Affairs the Tribal Safety of Dams Committee (referred to in this paragraph as the "Committee").
The Committee shall be composed of 15 members, of whom-
The members of the Committee appointed under subclauses (II) and (III) of clause (i) shall be nonvoting members.
The appointments of the members of the Committee shall be made as soon as practicable after December 16, 2016.
Members shall be appointed for the life of the Committee.
Any vacancy in the Committee shall not affect the powers of the Committee, but shall be filled in the same manner as the original appointment.
Not later than 30 days after the date on which all members of the Committee have been appointed, the Committee shall hold the first meeting.
The Committee shall meet at the call of the Chairperson.
A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings.
The Committee shall select a Chairperson and Vice Chairperson from among the members.
The Committee shall conduct a thorough study of all matters relating to the modernization of the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.).
The Committee shall develop recommendations for legislation to improve the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.).
Not 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-
The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers appropriate to carry out this paragraph.
The Committee may secure directly from any Federal department or agency such information as the Committee considers necessary to carry out this paragraph.
On request of the Chairperson of the Committee, the head of any Federal department or agency shall furnish information described in clause (i) to the Committee.
The Committee may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.
The Committee may accept, use, and dispose of gifts or donations of services or property.
Each member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5 for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee.
Each member of the Committee who is an officer or employee of the Federal Government shall serve without compensation in addition to that received for services as an officer or employee of the Federal Government.
The members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5 while away from their homes or regular places of business in the performance of services for the Committee.
The Chairperson of the Committee may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform the duties of the Committee.
The employment of an executive director shall be subject to confirmation by the Committee.
The Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title.
Any Federal Government employee may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5 at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title.
The Committee shall terminate 90 days after the date on which the Committee submits the report under paragraph (2)(C).
Of the amounts authorized to be expended from either Fund, $1,000,000 shall be made available from either Fund during fiscal year 2017 to carry out this subsection, to remain available until expended.
The Secretary shall request that, not less frequently than once every 180 days, each Indian tribe submit to the Secretary a report providing an inventory of the dams located on the land of the Indian tribe.
Not less frequently than once each year, the Secretary shall submit to Congress a report describing the condition of each dam under the partial or total jurisdiction of the Secretary.
The 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-
The program shall terminate on the date that is 11 years after December 16, 2016.
Of the amounts authorized to be expended from either Fund, $250,000 shall be made available from either Fund during each of fiscal years 2017 through 2026 to carry out this subsection, to remain available until expended.
1 So in original. No cl. (ii) has been enacted.
2 So in original. Probably should be "Plains".
25 U.S.C. § 3805
EDITORIAL NOTES
REFERENCES IN TEXTThe Indian Dams Safety Act of 1994, referred to in subsecs. (c)(1)(C), (2)(A)(i), (B)(i), (3)(A)(i), (B)(vi) and (d)(2)(A), (B), is Pub. L. 103-302, 108 Stat. 1560, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3801 of this title and Tables.The Indian Self-Determination and Education Assistance Act, referred to in subsec. (c)(2)(A)(iii)(I)(bb), (B)(ii)(I)(bb), (5)(E), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to 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.
CODIFICATIONSection was enacted as part of the Water Resources Development Act of 2016, and not as part of the Indian Dams Safety Act of 1994 which comprises this chapter.
AMENDMENTS2018- Pub. L. 115-270, §4314(1), substituted "each of fiscal years 2017 through 2030" for "each of fiscal years 2017 through 2023" wherever appearing.Subsec. (b)(1)(F). Pub. L. 115-270, §4314(2)(A), substituted "September 30, 2030" for "September 30, 2023" in introductory provisions.Subsec. (b)(2)(F). Pub. L. 115-270, §4314(2)(B), substituted "September 30, 2030" for "September 30, 2023" in introductory provisions.Subsec. (f)(2). Pub. L. 115-270, §4314(3)(A), substituted "11 years" for "4 years".Subsec. (f)(3). Pub. L. 115-270, §4314(3)(B), substituted "each of fiscal years 2017 through 2026" for "each of fiscal years 2017, 2018, and 2019".
- Bureau
- The term "Bureau" means the Bureau of Indian Affairs.
- Indian tribe
- 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.
- Secretary
- The term "Secretary" means the Secretary of the Interior.