PUBLIC LAW 103-302—AUG. 23, 1994 108 STAT. 1561 grams and services provided by the United States to Indian tribes because of their status as Indians. SEC. 4. DAM SAFETY MAINTENANCE AND REPAIR PROGRAM. 25 USC 3803. (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) necessary to maintain the dam in a satisfactory condition on a long-term basis. (b) TRANSFER OF EXISTING FUNCTIONS AND PERSONNEL.— Al l functions performed before the date of the enactment of this Act 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 the date of enactment of this Act 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) 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). (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). (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.
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