II 

Calendar No. 615

108TH CONGRESS 

2D SESSION S. 1727

[Report No. 108–296] 

To authorize additional appropriations for the Reclamation Safety of Dams 

Act of 1978. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 14, 2003

Mr. DOMENICI introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

JULY 7, 2004

Reported by Mr. DOMENICI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL

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,
2

•S 1727 RS 

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 striking ‘‘and effective October 1, 2001’’ 

16 and inserting ‘‘effective October 1, 2001’’; 

17 (2) by inserting ‘‘and, effective October 1, 

18 2003, not to exceed an additional $540,000,000 (Oc19 tober 1, 2003, price levels),’’ after ‘‘(October 1, 

20 2001, price levels),’’; and 

21 (3) by striking ‘‘$750,000’’ and inserting 

22 ‘‘$1,250,000 (October 1, 2003, price levels), as ad23 justed to reflect any ordinary fluctuations in con24 struction costs indicated by applicable engineering 

25 cost indexes,’’.
3

•S 1727 RS 

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 ‘‘(c) 

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

8 inserting the following: 

9 ‘‘(c) REIMBURSEMENT OF CERTAIN MODIFICATION

10 COSTS.—With respect to the additional amounts authorized 

11 to be appropriated by section 5’’. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 5 

13 of the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 

14 509) is amended in the first sentence—

15 (1) by inserting ‘‘and, effective October 1, 2003, 

16 not to exceed an additional $540,000,000 (October 1, 

17 2003, price levels),’’ after ‘‘(October 1, 2001, price lev18 els),’’; 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 
4

•S 1727 RS 

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 rec5 ommended by a project beneficiary that has elected to con6 sult 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 Safe11 ty of Dams Act of 1978 is amended by inserting after sec12 tion 5 (43 U.S.C. 509) the following: 

13 ‘‘SEC. 5A. (a) On identifying a Bureau of Reclamation 

14 facility for modification, the Secretary shall provide to the 

15 project beneficiaries written notice—

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

17 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 opportunity 

23 to consult with the Bureau of Reclamation on the 

24 planning, design, and construction of the proposed 

25 modification; and 
5

•S 1727 RS 

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 under 

5 section 5, the Secretary shall consider any alternative sub6 mitted in writing, in accordance with the timeframes estab7 lished under subsection (b), by a project beneficiary that 

8 has elected to consult with the Bureau of Reclamation on 

9 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 Secretary 

17 determines that implementation of the requirement could 

18 have an adverse impact on dam safety or security.’’. 
Calendar No. 615

108TH CONGRESS 

2D SESSION S. 1727

[Report No. 108–296] 

A BILL

To authorize additional appropriations for the 

Reclamation Safety of Dams Act of 1978. 

JULY 7, 2004

Reported with an amendment