106TH CONGRESS
2D SESSION
H. R. 3595
AN ACT
To increase the authorization of appropriations for
the Reclamation Safety of Dams Act of 1978,
and for other purposes.
106TH CONGRESS
2D SESSION
H. R. 3595
AN ACT
To increase the authorization of appropriations for the Rec-
lamation Safety of Dams Act of 1978, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. INCREASED AUTHORIZATION OF APPROPRIA-
TIONS FOR THE RECLAMATION SAFETY OF
DAMS ACT OF 1978.
The Reclamation Safety of Dams Act of 1978 is
amended—
(1) in section 4 (43 U.S.C. 508)—
(A) in subsection (a), by striking ‘‘or from
nonperformance of reasonable and normal
maintenance of the structure by the operating
entity’’;
(B) in subsection (c), by—
(i) inserting after ‘‘1984’’ the fol-
lowing: ‘‘and the additional $380,000,000
further authorized to be appropriated by
amendments to that Act in 2000’’;
(ii) striking paragraph (2) and redes-
ignating paragraphs (3) and (4) as para-
graphs (2) and (3), respectively; and
(iii) in the first sentence of paragraph
(3), as so redesignated, inserting ‘‘irriga-
tion,’’ after ‘‘Costs allocated to the purpose
of’’, and inserting ‘‘without regard to
water users’ ability to pay’’ before the pe-
riod at the end; and
(C) in subsection (d), by inserting before
the period at the end the following: ‘‘: Provided
further, That the Secretary is authorized to ex-
pend payments of such reimbursable costs made
pursuant to a repayment contract at any time
prior to completion of construction’’;
(2) in section 5 (43 U.S.C. 509), by—
(A) inserting after ‘‘levels)’’ the following:
‘‘and, effective October 1, 1997, not to exceed
an additional $380,000,000 (October 1, 2000,
price levels),’’;
(B) striking ‘‘$750,000’’ and inserting
‘‘$1,200,000 (October 1, 2000, 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 construc-
tion involved herein,’’; and
(C) striking ‘‘sixty days (which’’ and all
that follows through ‘‘day certain)’’ and insert-
ing ‘‘30 calendar days’’; and
(3) in section 2 (43 U.S.C. 506), by inserting
‘‘(a)’’ before ‘‘In order to’’, and by adding at the end
the following:
‘‘(b) Prior to selecting a Bureau of Reclamation facil-
ity for modification, the Secretary shall notify project
beneficiaries in writing of such selection and solicit their
interest in participating in evaluating the facility for modi-
fication. If requested by the project beneficiaries, the Sec-
retary, acting through the Commissioner of the Bureau
of Reclamation, is authorized to negotiate an agreement
with project beneficiaries for the cooperative oversight of
planning, design, cost containment, procurement, con-
struction, and management of the modifications. Prior to
submitting the modification reports required by section 5,
the Secretary shall consider, and where appropriate imple-
ment, alternatives recommended by project beneficiaries.
Within 30 days after receiving such recommendations, the
Secretary shall provide to the project beneficiaries a writ-
ten response detailing proposed actions to address the rec-
ommendations. The Secretary’s response to the project
beneficiaries shall be included in the modification reports
required by section 5.
‘‘(c) Following submission of the reports required by
section 5, project beneficiaries who wish to receive regular
information concerning the status and costs of modifica-
tions shall notify the Secretary in writing. During the con-
struction phase of the modifications, the Secretary shall
keep such beneficiaries informed of the costs and status
of such modifications. The Secretary shall consider, and
where appropriate implement, alternatives recommended
by project beneficiaries concerning the cost containment