--- kind: "section" citation: "25 U.S.C. § 3803" title: "25" title_heading: "Indians" number: "3803" heading: "Dam Safety Maintenance and Repair Program" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/25/3803" units: - "Chapter 40 — Indian Dams Safety" --- # §3803. Dam Safety Maintenance and Repair Program - (a) **Establishment—** The [Secretary](/usc/25/3802.md?p=3) shall establish a [dam](/usc/25/3802.md?p=2) safety maintenance and repair program within the [Bureau](/usc/25/3802.md?p=1) to ensure maintenance and monitoring of the condition of each [dam](/usc/25/3802.md?p=2) identified pursuant to [subsection (e)](#e) necessary to maintain the [dam](/usc/25/3802.md?p=2) 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](/usc/25/3802.md?p=2) Safety Program established by the [Secretary](/usc/25/3802.md?p=3) of the Interior by order dated February 28, 1980, and all [Bureau](/usc/25/3802.md?p=1) of Indian Affairs personnel assigned to such program as of August 23, 1994, are hereby transferred to the [Dam](/usc/25/3802.md?p=2) Safety Maintenance and Repair Program. Any reference in any law, regulation, executive order, reorganization plan, or delegation of authority to the [Dam](/usc/25/3802.md?p=2) Safety Program is deemed to be a reference to the [Dam](/usc/25/3802.md?p=2) Safety Maintenance and Repair Program. - (c) **Rehabilitation—** Under the [Dam](/usc/25/3802.md?p=2) Safety Maintenance and Repair Program, the [Secretary](/usc/25/3802.md?p=3) shall perform such rehabilitation work as is necessary to bring the [dams](/usc/25/3802.md?p=2) identified pursuant to [subsection (e)](#e) to a satisfactory condition. In addition, each [dam](/usc/25/3802.md?p=2) located on Indian lands shall be regularly maintained pursuant to the [Dam](/usc/25/3802.md?p=2) Safety Maintenance and Repair Program established pursuant to [subsection (a)](#a). - (d) **Maintenance action plan—** The [Secretary](/usc/25/3802.md?p=3) shall develop a maintenance action plan, which shall include a prioritization of actions to be taken, for those [dams](/usc/25/3802.md?p=2) with a risk hazard rating of high or significant as identified pursuant to [subsection (e)](#e). - (e) **Identification of dams—** - (1) **Development of list—** The [Secretary](/usc/25/3802.md?p=3) shall develop a comprehensive [list](/usc/25/5130.md?p=3) of [dams](/usc/25/3802.md?p=2) located on Indian lands that describes the [dam](/usc/25/3802.md?p=2) safety condition classification of each [dam](/usc/25/3802.md?p=2), as specified in [paragraph (2)](#e-2), the risk hazard classification of each [dam](/usc/25/3802.md?p=2), as specified in [paragraph (3)](#e-3), and the conditions resulting from maintenance deficiencies. - (2) **Dam safety condition classifications—** The [dam](/usc/25/3802.md?p=2) safety condition classification referred to in [paragraph (1)](#e-1) is one of the following classifications: - (A) **Satisfactory—** No existing or potential [dam](/usc/25/3802.md?p=2) safety deficiencies are recognized. Safe performance is expected under all anticipated conditions. - (B) **Fair—** No existing [dam](/usc/25/3802.md?p=2) safety deficiencies are recognized for normal loading conditions. Infrequent hydrologic or seismic events would probably result in a [dam](/usc/25/3802.md?p=2) safety deficiency. - (C) **Conditionally poor—** A potential [dam](/usc/25/3802.md?p=2) safety deficiency is recognized for unusual loading conditions that may realistically occur during the expected life of the structure. - (D) **Poor—** A potential [dam](/usc/25/3802.md?p=2) 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](/usc/25/3802.md?p=2) 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)](#e-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](/usc/25/3802.md?p=2) failed. - (B) **Significant—** Between one and six lives would be at risk or significant property damage could occur if the [dam](/usc/25/3802.md?p=2) failed. - (C) **Low—** No lives would be at risk and limited property damage would occur if the [dam](/usc/25/3802.md?p=2) failed. - (f) **Limitation on program authorization—** Work authorized by this chapter shall be for the purpose of [dam](/usc/25/3802.md?p=2) safety maintenance and structural repair. The [Secretary](/usc/25/3802.md?p=3) may authorize, upon request of an [Indian tribe](/usc/25/3802.md?p=4), 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](/usc/25/3802.md?p=2) 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](/usc/25/3802.md?p=3) may obtain technical assistance on a nonreimbursable basis from other departments and agencies. Notwithstanding any such technical assistance, the [Dam](/usc/25/3802.md?p=2) Safety Maintenance and Repair Program established under [subsection (a)](#a) shall be under the direction and control of the [Bureau](/usc/25/3802.md?p=1). - (h) **Contract authority—** In addition to any other authority established by law, the [Secretary](/usc/25/3802.md?p=3) is authorized to contract with [Indian tribes](/usc/25/3802.md?p=4) under the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450](/usc/25/450.md) et seq.)[^1] to carry out the [Dam](/usc/25/3802.md?p=2) Safety Maintenance and Repair Program established under this chapter. - (i) **Annual report—** The [Secretary](/usc/25/3802.md?p=3) shall submit an annual report on the implementation of this chapter. The report shall include— - (1) the [list](/usc/25/5130.md?p=3) of [dams](/usc/25/3802.md?p=2) 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](/usc/25/3802.md?p=2) under this section. The report shall be submitted at the time the budget is required to be submitted under [section 1105 of title 31](/usc/31/1105.md) 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. ## Footnotes [^1]: See References in Text note below. ## Source credit (Pub. L. 103–302, § 4, Aug. 23, 1994, 108 Stat. 1561; Pub. L. 104–109, § 3, Feb. 12, 1996, 110 Stat. 764.) ## Notes ### Editorial Notes ### References in Text The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (h), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassification as 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. ### 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 of Name Subcommittee on Native American Affairs changed to Subcommittee for Indigenous Peoples of the United States.