A bill to authorize additional appropriations for the Reclamation Safety of Dams Act of 1978.
PL 108-439 (S.1727), enacted 12/03/2004

118 STAT. 2627
PUBLIC LAW 108–439—DEC. 3, 2004
Public Law 108–439
108th Congress
An Act
To authorize additional appropriations for the Reclamation Safety of Dams Act
of 1978.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS FOR
THE RECLAMATION SAFETY OF DAMS ACT OF 1978.
(a) REIMBURSEMENT OF CERTAIN MODIFICATION COSTS.—Section
4(c) of the Reclamation Safety of Dams Act of 1978 (43 U.S.C.
508(c)) is amended by striking ‘‘(c) With respect to’’ and all that
follows through ‘‘2001’’ and inserting the following:
‘‘(c) REIMBURSEMENT OF CERTAIN MODIFICATION COSTS.—With
respect to the additional amounts authorized to be appropriated
by section 5’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 5 of the Rec-
lamation Safety of Dams Act of 1978 (43 U.S.C. 509) is amended
in the first sentence—
(1) by inserting ‘‘and, effective October 1, 2003, not to
exceed an additional $540,000,000 (October 1, 2003, price
levels),’’ after ‘‘(October 1, 2001, price levels),’’; and
(2) by striking ‘‘$750,000’’ and inserting ‘‘$1,250,000
(October 1, 2003, price levels), as adjusted to reflect any ordi-
nary fluctuations in construction costs indicated by applicable
engineering cost indexes,’’.
SEC. 2. PARTICIPATION BY PROJECT BENEFICIARIES.
(a) COST CONTAINMENT; MODIFICATION STATUS.—Section 4 of
the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 508) is
amended by adding at the end the following:
‘‘(e)(1) During the construction of the modification, the Secretary
shall consider cost containment measures recommended by a project
beneficiary that has elected to consult with the Bureau of Reclama-
tion on a modification.
‘‘(2) The Secretary shall provide to project beneficiaries on
a periodic basis notice regarding the costs and status of the modi-
fication.’’.
(b) PROJECT BENEFICIARIES.—The Reclamation Safety of Dams
Act of 1978 is amended by inserting after section 5 (43 U.S.C.
509) the following:
‘‘SEC. 5A. (a) On identifying a Bureau of Reclamation facility
for modification, the Secretary shall provide to the project bene-
ficiaries written notice—
‘‘(1) describing the need for the modification and the process
for identifying and implementing the modification; and
Notice.
43 USC 509a.
Notice.
Dec. 3, 2004
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118 STAT. 2628
PUBLIC LAW 108–439—DEC. 3, 2004
LEGISLATIVE HISTORY—S. 1727 (H.R. 4893):
HOUSE REPORTS: No. 108–757 accompanying H.R. 4893 (Comm. on Resources).
SENATE REPORTS: No. 108–296 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Sept. 15, considered and passed Senate.
Nov. 17, considered and passed House.
‘‘(2) summarizing the administrative and legal require-
ments relating to the modification.
‘‘(b) The Secretary shall—
‘‘(1) provide project beneficiaries an opportunity to consult
with the Bureau of Reclamation on the planning, design, and
construction of the proposed modification; and
‘‘(2) in consultation with project beneficiaries, develop and
provide timeframes for the consultation described in paragraph
(1).
‘‘(c)(1) Prior to submitting the reports required under section
5, the Secretary shall consider any alternative submitted in writing,
in accordance with the timeframes established under subsection
(b), by a project beneficiary that has elected to consult with the
Bureau of Reclamation on a modification.
‘‘(2) The Secretary shall provide to the project beneficiary a
timely written response describing proposed actions, if any, to
address the recommendation.
‘‘(3) The response of the Secretary shall be included in the
reports required by section 5.
‘‘(d) The Secretary may waive 1 or more of the requirements
of subsections (a), (b), and (c), if the Secretary determines that
implementation of the requirement could have an adverse impact
on dam safety or security.’’.
Approved December 3, 2004.
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