39–010 

Calendar No. 514 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–227 

RECLAMATION SAFETY OF DAMS ACT OF 1978 

AMENDMENTS 

JULY 31, 2014.—Ordered to be printed 

Ms. LANDRIEU, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 1946] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1946) to amend the Reclamation Safety of 

Dams Act of 1978 to modify the authorization of appropriations, 

having considered the same, reports favorably thereon with an 

amendment and recommends that the bill, as amended, do pass. 

The amendment is as follows: 

On page 1, strike lines 5 through 9 and insert the following: 

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 5 of the Reclamation Safety of 

Dams Act of 1978 (43 U.S.C. 509) is amended— 

(1) in the first sentence, by inserting ‘‘and, effective October 1, 2014, not to 

exceed an additional $1,100,000,000 (October 1, 2014 price levels)’’ before ‘‘, plus 

or minus’’; 

(2) in the proviso— 

(A) by striking ‘‘$1,250,000’’ and inserting ‘‘$20,000,000’’; and 

(B) by striking ‘‘Congress’’ and inserting ‘‘Committee on Natural Resources of the House of Representatives and the Committee on Energy and 

Natural Resources of the Senate’’; and 

(3) by adding at the end the following: ‘‘For modification expenditures between $1,800,000 and $20,000,000 (October 1, 2013 price levels), the Secretary 

of the Interior shall, at least 30 days before the date on which the funds are 

expended, submit written notice of the expenditures to the Committee on Natural Resources of the House of Representatives and the Committee on Energy 

and Natural Resources of the Senate that provides a summary of the project, 

the cost of the project, and any alternatives that were considered.’’. 

PURPOSE

The purpose of S. 1946 is to amend the Reclamation Safety of 

Dams Act of 1978 to authorize additional appropriations. 


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BACKGROUND AND NEED

The Safety of Dams Act of 1978 was enacted to enable the Bureau of Reclamation to: ‘‘ensure that Reclamation facilities do not 

present unreasonable risks to the public, public safety, property, 

and/or the environment.’’ The original authorization in 1978 set a 

$100 million appropriation ceiling, and the ceiling has since been 

raised by Congress four times (an additional $650 million in 1983, 

$95 million in 2000, $32 million in 2001, and $540 million in 2003). 

The Safety of Dams program evaluates and implements corrective 

actions to address dam safety concerns. Once the Bureau of Reclamation begins risk modifications to a dam, local partners share 

15% of the associated costs. 

Reclamation manages 476 dams and dikes currently, 370 of 

which are listed under the ‘‘High’’ or ‘‘Significant Hazard’’ class, 

meaning failure of the dam or dike would cause loss of life or significant damages. The challenge of meeting the program’s safety 

mission is complicated by the strains of aging infrastructure and 

population growth within dam failure zones. The Safety of Dams 

program is approaching its appropriation ceiling and enactment of 

S. 1946 will enable Reclamation to proceed with construction modifications for projects in its queue. 

LEGISLATIVE HISTORY

S. 1946 was introduced by Senators Wyden, Schatz, and Feinstein on January 16, 2014. The Subcommittee on Water and Power 

held a hearing on S. 1946 (S. Hrg. 113–284) on February 27, 2014. 

At its business meeting on June 18, 2014, the Senate Energy and 

Natural Resources Committee ordered S. 1946 favorably reported 

with amendment. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on June 18, 2014, by a voice vote of a 

quorum present, recommends that the Senate pass S. 1946, if 

amended as described herein. Senators Lee and Scott asked to be 

recorded as voting no. 

COMMITTEE AMENDMENT

During its consideration of S. 1946, the committee adopted an 

amendment to modify section 5 of the Reclamation Safety of Dams 

Act of 1978 (43 U.S.C. 509) to raise the authorization ceiling an additional $1.1 billion. The amendment also modifies the reporting 

requirement, which is explained in greater detail in the section-bysection analysis, below. 

SECTION-BY-SECTION ANALYSIS

Section 1(a)(1) amends section 5 of the Reclamation Safety of 

Dams Act of 1978 (43 U.S.C. 509) by raising the authorization ceiling an additional $1.1 billion. Subsection (a)(2) requires the Secretary of the Interior to send a report to both the House Committee 

on Natural Resources and the Senate Energy and Natural Resources Committee if more than $20,000,000 is spent to modify an 

existing dam. Subsection (a)(3) requires the Secretary to alert the 


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Committees when Reclamation spends between $1,800,000 and 

$20,000,000 to modify or repair an existing dam. Subsection (b) 

makes a conforming amendment to section 4(c) of the Reclamation 

Safety of Dams Act. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 1946—A bill to amend the Reclamation Safety of Dams Act of 

1978 to modify the authorization of appropriations 

Summary: S. 1946 would authorize the appropriation of $1.1 billion (plus additional amounts to account for inflation) for the Secretary of the Interior to carry out projects under the Reclamation 

Safety of Dams Act. Based on information from the Bureau of Reclamation, and assuming appropriation of necessary amounts, CB0 

estimates that implementing S. 1946 would cost $196 million over 

the 2015–2019 period with additional spending continuing for several subsequent years. 

Enacting S. 1946 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. 

S. 1946 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary effect of S. 1946 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2015 2016 2017 2018 2019 2015– 

2019 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level .......................................... 0 0 64 90 92 246 

Estimated Outlays ............................................................ 0 0 38 70 87 196 

Basis of estimate: For this estimate, CBO assumes that S. 1946 

will be enacted near the start of fiscal year 2015 and that the necessary amounts will be appropriated over the next several years. 

Estimated outlays are based on historical spending patterns for 

those activities. 

Under current law, the bureau is responsible for maintaining the 

safety and reliability of 476 dams in the western United States. 

About half of those dams were built before 1950 and many are 

scheduled to be rehabilitated over the next few years. Based on information from the bureau, $200 million remains under the current 

authorization ceiling for the bureau’s dam safety program. That 

amount is insufficient to carry out the rehabilitation of six projects 

planned for the next 10 to 20 years with total estimated costs of 

about $1 billion. 

Under the bill, CBO estimates that about $90 million a year— 

an amount similar to the program’s recent funding levels—would 

be needed for planned work over the next several years. However, 

the first $200 million in funding for that work would come under 

the existing authorization in law. CBO estimates that impleVerDate Mar 15 2010 01:01 Aug 06, 2014 Jkt 039010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR227.XXX SR227

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menting S. 1946 would cost $196 million over the 2015–2019 period 

and additional amounts in subsequent years. 

Pay-As-You-Go considerations: None. 

Intergovernmental and private-sector impact: S. 1946 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on state, local, or tribal governments. 

Any costs incurred by public entities to match or reimburse the federal funds authorized by this legislation would result from participating in a voluntary federal program. 

Estimate prepared by: Federal Costs: Aurora Swanson; Impact 

on State, Local, and Tribal Governments: Jon Sperl; Impact on the 

Private Sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 1946. 

The bill is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 1800, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 1946, as reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the Bureau of Reclamation at the 

February 27, 2014, Subcommittee on Water and Power hearing on 

S. 1946 follows: 

STATEMENT OF ROBERT QUINT, SENIOR ADVISOR, BUREAU

OF RECLAMATION, DEPARTMENT OF THE INTERIOR

Chairman Schatz and members of the Subcommittee, I 

am Bob Quint, Senior Advisor at the Bureau of Reclamation (Reclamation). Thank you for the opportunity to provide the views of the Department of the Interior (Department) on S. 1946, a bill to provide permanent authority for 

appropriations under the Reclamation Safety of Dams Act. 

While Reclamation has been able to carry out its priority 

of ensuring the safety and reliability of Reclamation dams 

under current law, the Department supports this bill 

which would support Reclamation’s efforts in reducing the 

risk associated with Reclamation’s portfolio of dams. 

Reclamation’s inventory of 476 dams includes 370 classified as ‘‘high hazard’’ dams and dikes, located at 250 water 


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projects across the 17 Reclamation states. The dam safety 

program helps to ensure the safety and reliability of these 

facilities. Approximately 50 percent of Reclamation’s dams 

were built between 1900 and 1950 and approximately 90 

percent of the dams were built before current state-of-theart design and construction practices. Considering the age 

of Reclamation dams, the ongoing monitoring, facility reviews, analysis, investigations, and emergency management are critical components of the dam safety program. 

We are proud of our dam safety work, but we also realize 

we must never take safety for granted. 

Some of Reclamation’s highest priorities are to deliver 

water to and generate power for its customers without disruption, while protecting public safety. In its 111-year history, Reclamation has had one dam failure that resulted in 

loss of life and damage to property. Teton Dam failed in 

1976 during initial filling due to a design and construction 

deficiency. After the Teton Dam disaster Congress enacted 

the Reclamation Safety of Dams Act in 1978, Public Law 

95–578, and Reclamation began its current dam safety 

program. 

The original 1978 statute has been amended four times, 

beginning in 1984. In the first amendment, Public Law 

98–404, Congress increased the authorization for appropriations by $100 million. The 1984 amendment also instituted a 15 percent non-Federal repayment requirement for 

modifications made as a result of new hydrologic or seismic information or changes in the state-of-the-art technology. Public Law 98–404 also increased the authorized 

appropriations ceiling an additional $650 million, indexed 

for inflation. Public Law 106–377 in 2000 increased the 

ceiling another $95 million, and two years later, Public 

Law 107–117 added $32 million. The last amendment, 

Public Law 108–439, was enacted in 2004 and provided 

the current program ceiling of $1.417 billion, indexed from 

October 2003 price levels. Approximately $400 million remains available under that ceiling. Apart from changes to 

the program’s authorization ceiling, the 1984 amendments 

also directed Reclamation to submit to Congress, prior to 

taking corrective actions, a report on any modifications expected to exceed $750,000 in actual construction costs. 

Public Law 108–439 increased the amount to $1,250,000 

(October 1, 2003, price levels), as adjusted to reflect any 

ordinary fluctuations in construction costs indicated by applicable engineering cost indexes. 

The Bureau of Reclamation has developed a dam safety 

program that effectively implements the Federal Guidelines for Dam Safety and to modifies dams in accordance 

with the 1978 Act. In 1996, an independent review team 

comprised of representatives from the Association of Dam 

Safety Officials assessed the Department of the Interior’s 

Dam Safety Program. In 1997, the team released a comprehensive and independent report finding that the Bureau of Reclamation has ‘‘an effective Dam Safety Program’’ overseen by highly competent staff using state-ofVerDate Mar 15 2010 01:01 Aug 06, 2014 Jkt 039010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6969 E:\HR\OC\SR227.XXX SR227

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the-art technical standards and expertise. Reclamation’s 

ability to respond to dam safety issues and to take preventative, corrective actions to reduce the public risks 

under the authority of the Reclamation Safety of Dams Act 

was a critical component of this favorable peer review. In 

addition, outside experts have annually reviewed Reclamation’s dam safety activities to ensure that the program has 

adequate policies and procedures in place to address public 

safety issues. 

Reclamation’s Fiscal Year 2014 budget requests lists 

current modification/construction projects where funds 

under the program’s existing authorized appropriations 

ceiling have been planned. These include Folsom Dam in 

California, Glendo and Guernsey Dams in Wyoming, Echo 

Dam in Utah, and Red Willow Dam in Nebraska. Stampede Dam in California, Nelson Dikes in Montana, Bull 

Lake Dam in Wyoming, Hyatt Dam in Oregon, Hyrum 

Dam in Utah, and Altus Dam in Oklahoma are slated to 

have modification reports submitted to Congress in 2014 

and 2015. The current appropriations ceiling would be able 

to support these projects but would commit all but an estimated $200 million of the remaining authorization. Six additional dams, including planned work at B.F. Sisk Dam in 

California and Scoggins Dam in Oregon, are in need of risk 

reduction action with combined costs currently estimated 

at $1 billion. Based on our present knowledge of these upcoming projects, an authorization increase of at least $1 

billion would be needed to allow Reclamation to address 

these dam safety risks. 

Since 1978, when Congress first created the Safety of 

Dams program, we have carried out 80 risk reduction corrective actions totaling approximately $1.43 billion. Reclamation has implemented these corrective actions to protect public safety at the lowest feasible cost. In each of 

these projects, Reclamation’s process benefitted from our 

relationships with the end users of the water and power 

from these projects. With that in mind, we have formalized 

requirements for communicating the need for dam safety 

modifications with our customers in a timely fashion. The 

Reclamation Manual now contains formal policy and directives which require the development of a plan in cooperation with our water and power contractors to assure continued communication and involvement during the development of alternatives, selection of a preferred alternative, 

and implementation of the actions required to reduce risk. 

However, the nature of any safety program does not always afford the luxury of being able to schedule outlays as 

precisely as we can in other programs. Sometimes the need 

for corrective action presents itself with little notice. When 

sudden unexpected performance of a dam requires a modification to reduce risk, Reclamation must act quickly to 

protect the project and the downstream public. One example of such successful immediate action is the emergency 

work we performed in 2006 at Deer Flat Dam in Idaho. We 

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bankment material was being removed through cracks in 

the outlet work conduit that required immediate attention 

in order to allow for continued operation of the dam and 

reservoir. Working closely with local project beneficiaries 

we were able to quickly identify and implement an interim 

solution to reduce risk to the downstream public without 

significantly curtailing service to water users. Without the 

Safety of Dams program authority, we could not have completed the investigation and interim repairs prior to the 

Spring run-off. The quick response meant the reservoir 

was ready to store critically needed run-off water for beneficial use later in 2007. 

Another example of a successful action was the quick response needed at Red Willow Dam in Nebraska after sinkholes and extensive cracking were discovered in the dam 

embankment. The reservoir was immediately drawn down 

to reduce risk to the downstream public. Expedited actions 

were taken to implement long term modifications to the 

embankment and return the water supply as quickly as 

possible. 

In closing, S. 1946 removes the ceiling from the program’s authorization for appropriations. Under current 

law, the Department has been able to carry out its priority 

of ensuring the safety and reliability of Reclamation dams 

under the Dam Safety program, and has been able to do 

so through several increases in the ceiling since the program was originally authorized in 1979. S. 1946 would also 

preserve all of the program’s existing provisions, including 

the ability to respond quickly with limited interim actions, 

and the obligation to notify Congress and consult with 

project beneficiaries. Throughout our implementation of 

these authorities we will continue to evaluate this program 

for potential changes to improve planning and operations. 

There are always ways to better serve the taxpayer by 

clearly delineating between dam safety modifications and 

other infrastructure improvements, and protect the safety 

of the people and businesses that rely on Reclamation facilities. Meanwhile, we believe the provisions calling for 

regular dialogue with our customers assures a fair, transparent program without compromising the Department’s 

ability to maintain dam safety and security. 

This concludes my statement. Again, while Reclamation 

has been able to carry out its priority of ensuring the safety and reliability of Reclamation dams under current law, 

the Department supports this bill which would support 

Reclamation’s efforts in reducing the risk associated with 

Reclamation’s portfolio of dams. I would be pleased to answer questions at the appropriate time. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill S. 

1946, as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is 


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printed in italic, existing law in which no change is proposed is 

shown in roman): 

RECLAMATION SAFETY OF DAMS ACT OF 1978 

Public Law 95–578 

AN ACT to authorize the Secretary of the Interior to construct, restore, operate, and 

maintain new or modified features at existing Federal reclamation dams for safety 

of dams purposes. 

* * * * * * * 

SEC. 4. (a) Costs heretorore or hereafter incurred in the modification of structures under this Act, the cause of which results from 

age and normal deterioration of the structure or from nonperformance of reasonable and normal maintenance of the structure by the 

operating entity shall be considered as project costs and will be allocated to the purposes for which the structure was authorized initially to be constructed and will be reimbursable as provided by existing law. 

* * * * * * * 

(c) Reimbursement of certain modification costs. With respect to 

the øadditional¿ amounts authorized to be appropriated by section 

5 (43 USCS § 509), costs incurred in the modification of structures 

under this Act, the cause of which results from new hydrologic or 

seismic data or changes in state-of-the-art criteria deemed necessary for safety purposes, shall be reimbursed to the extent provided in this subsection. 

* * * * * * * 

SEC. 5. There are hereby authorized to be appropriated for fiscal 

year 1979 and ensuing fiscal years such sums as may be necessary 

and, effective October 1, 1983, not to exceed an additional 

$650,000,000 (October 1, 1983, price levels), and, effective October 

1, 2000, not to exceed an additional $95,000,000 (October 1, 2000, 

price levels), and, effective October 1, 2001, not to exceed an additional $32,000,000 (October 1, 2001, price levels), and, effective October 1, 2003, not to exceed an additional $540,000,000 (October 1, 

2003, price levels), and, effective October 1, 2014, not to exceed an additional $1,100,000,000 (October 1, 2014 price levels), plus or 

minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering 

cost indexes applicable to the types of construction involved herein, 

to carry out the provisions of this Act to remain available until expended if so provided by the appropriations Act: Provided, That no 

funds exceeding ø$1,250,000¿ $20,000,000 (October 1, 2003, price 

levels), as adjusted to reflect any ordinary fluctuations in construction costs indicated by applicable engineering cost indexes, shall be 

obligated for carrying out actual construction to modify an existing 

dam under authority of this Act prior to 30 calendar days from the 

date that the Secretary has transmitted a report on such existing 

dam to the øCongress¿ Committee on Natural Resources of the 

House of Representatives and the Committee on Energy and Natural 

Resources of the Senate. The report required to be submitted by 

this section will consist of a finding by the Secretary of the Interior 

to the effect that modifications are required to be made to insure 

the safety of an existing dam. Such finding shall be accompanied 


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by a technical report containing information on the need for structural modification, the corrective action deemed to be required, alternative solutions to structural modification that were considered, 

the estimated cost of needed modifications, and environmental impacts if any resulting from the implementation of the recommended 

plan of modification. For modification expenditures between $1,800,000 and $20,000,000 (October 1, 2013 price levels), the Secretary of the Interior shall, at least 30 days before the date on which 

the funds are expended, submit written notice of the expenditures to 

the Committee on Natural Resources of the House of Representatives 

and the Committee on Energy and Natural Resources of the Senate 

that provides a summary of the project, the cost of the project, and 

any alternatives that were considered. 

* * * * * * * 

Æ 


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