I 

108TH CONGRESS 

2D SESSION H. R. 4893

To authorize additional appropriations for the Reclamation Safety of Dams 

Act of 1978. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2004

Mr. CALVERT (for himself and Mrs. NAPOLITANO) introduced the following 

bill; which was referred to the Committee on Resources 

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,

3 SECTION 1. ADDITIONAL AUTHORIZATION OF APPROPRIA4 TIONS FOR THE RECLAMATION SAFETY OF 

5 DAMS ACT OF 1978. 

6 (a) REIMBURSEMENT OF CERTAIN MODIFICATION

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

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

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

10 and inserting the following: 
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1 ‘‘(c) REIMBURSEMENT OF CERTAIN MODIFICATION

2 COSTS.—With respect to the additional amounts author3 ized to be appropriated by section 5’’. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

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

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

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

8 2003, not to exceed an additional $540,000,000 (Oc9 tober 1, 2003, price levels),’’ after ‘‘(October 1, 

10 2001, price levels),’’; and 

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

12 ‘‘$1,250,000 (October 1, 2003, price levels), as ad13 justed to reflect any ordinary fluctuations in con14 struction costs indicated by applicable engineering 

15 cost indexes,’’. 

16 SEC. 2. PARTICIPATION BY PROJECT BENEFICIARIES. 

17 (a) COST CONTAINMENT; MODIFICATION STATUS.—

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

19 (43 U.S.C. 508) is amended by adding at the end the fol20 lowing: 

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

22 the Secretary shall consider cost containment measures 

23 recommended by a project beneficiary that has elected to 

24 consult with the Bureau of Reclamation on a modification. 
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1 ‘‘(2) The Secretary shall provide to project bene2 ficiaries on a periodic basis notice regarding the costs and 

3 status of the modification.’’. 

4 (b) PROJECT BENEFICIARIES.—The Reclamation 

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

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

7 ‘‘SEC. 5A. (a) On identifying a Bureau of Reclama8 tion facility for modification, the Secretary shall provide 

9 to the project beneficiaries written notice—

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

11 and the process for identifying and implementing the 

12 modification; and 

13 ‘‘(2) summarizing the administrative and legal 

14 requirements relating to the modification. 

15 ‘‘(b) The Secretary shall—

16 ‘‘(1) provide project beneficiaries an oppor17 tunity to consult with the Bureau of Reclamation on 

18 the planning, design, and construction of the pro19 posed modification; and 

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

21 develop and provide timeframes for the consultation 

22 described in paragraph (1). 

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

24 under section 5, the Secretary shall consider any alter25 native submitted in writing, in accordance with the time-
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1 frames established under subsection (b), by a project bene2 ficiary that has elected to consult with the Bureau of Rec3 lamation on a modification. 

4 ‘‘(2) The Secretary shall provide to the project bene5 ficiary a timely written response describing proposed ac6 tions, if any, to address the recommendation. 

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

8 in the reports required by section 5. 

9 ‘‘(d) The Secretary may waive 1 or more of the re10 quirements of subsections (a), (b), and (c), if the Sec11 retary determines that implementation of the requirement 

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

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