108TH CONGRESS 

2D SESSION S. 1727 

AN ACT 

To authorize additional appropriations for the Reclamation 

Safety of Dams Act of 1978. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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S 1727 ES 

1 SECTION 1. ADDITIONAL AUTHORIZATION OF APPROPRIA2 TIONS FOR THE RECLAMATION SAFETY OF 

3 DAMS ACT OF 1978. 

4 (a) REIMBURSEMENT OF CERTAIN MODIFICATION

5 COSTS.—Section 4(c) of the Reclamation Safety of Dams 

6 Act of 1978 (43 U.S.C. 508(c)) is amended by striking 

7 ‘‘(c) With respect to’’ and all that follows through ‘‘2001’’ 

8 and inserting the following: 

9 ‘‘(c) REIMBURSEMENT OF CERTAIN MODIFICATION

10 COSTS.—With respect to the additional amounts author11 ized to be appropriated by section 5’’. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

13 5 of the Reclamation Safety of Dams Act of 1978 (43 

14 U.S.C. 509) is amended in the first sentence— 

15 (1) by inserting ‘‘and, effective October 1, 

16 2003, not to exceed an additional $540,000,000 (Oc17 tober 1, 2003, price levels),’’ after ‘‘(October 1, 

18 2001, price levels),’’; and 

19 (2) by striking ‘‘$750,000’’ and inserting 

20 ‘‘$1,250,000 (October 1, 2003, price levels), as ad21 justed to reflect any ordinary fluctuations in con22 struction costs indicated by applicable engineering 

23 cost indexes,’’. 

24 SEC. 2. PARTICIPATION BY PROJECT BENEFICIARIES. 

25 (a) COST CONTAINMENT; MODIFICATION STATUS.— 

26 Section 4 of the Reclamation Safety of Dams Act of 1978 

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1 (43 U.S.C. 508) is amended by adding at the end the fol2 lowing: 

3 ‘‘(e)(1) During the construction of the modification, 

4 the Secretary shall consider cost containment measures 

5 recommended by a project beneficiary that has elected to 

6 consult with the Bureau of Reclamation on a modification. 

7 ‘‘(2) The Secretary shall provide to project bene8 ficiaries on a periodic basis notice regarding the costs and 

9 status of the modification.’’. 

10 (b) PROJECT BENEFICIARIES.—The Reclamation 

11 Safety of Dams Act of 1978 is amended by inserting after 

12 section 5 (43 U.S.C. 509) the following: 

13 ‘‘SEC. 5A. (a) On identifying a Bureau of Reclama14 tion facility for modification, the Secretary shall provide 

15 to the project beneficiaries written notice— 

16 ‘‘(1) describing the need for the modification 

17 and the process for identifying and implementing the 

18 modification; and 

19 ‘‘(2) summarizing the administrative and legal 

20 requirements relating to the modification. 

21 ‘‘(b) The Secretary shall— 

22 ‘‘(1) provide project beneficiaries an oppor23 tunity to consult with the Bureau of Reclamation on 

24 the planning, design, and construction of the pro25 posed modification; and 

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S 1727 ES 

1 ‘‘(2) in consultation with project beneficiaries, 

2 develop and provide timeframes for the consultation 

3 described in paragraph (1). 

4 ‘‘(c)(1) Prior to submitting the reports required 

5 under section 5, the Secretary shall consider any alter6 native submitted in writing, in accordance with the time7 frames established under subsection (b), by a project bene8 ficiary that has elected to consult with the Bureau of Rec9 lamation on a modification. 

10 ‘‘(2) The Secretary shall provide to the project bene11 ficiary a timely written response describing proposed ac12 tions, if any, to address the recommendation. 

13 ‘‘(3) The response of the Secretary shall be included 

14 in the reports required by section 5. 

15 ‘‘(d) The Secretary may waive 1 or more of the re16 quirements of subsections (a), (b), and (c), if the Sec17 retary determines that implementation of the requirement 

18 could have an adverse impact on dam safety or security.’’. 

Passed the Senate September 15, 2004. 

Attest: 

Secretary. 

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108TH CONGRESS 

2D SESSION S. 1727 

AN ACT 

To authorize additional appropriations for the 

Reclamation Safety of Dams Act of 1978. 

mstockstill on PROD1PC61 with BILLS