[108th Congress Public Law 439]
[From the U.S. Government Printing Office]
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[DOCID: f:publ439.108]
[[Page 118 STAT. 2627]]
Public Law 108-439
108th Congress
An Act
To authorize additional appropriations for the Reclamation Safety of
Dams Act of 1978. <<NOTE: Dec. 3, 2004 - [S. 1727]>>
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 Reclamation
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
ordinary 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 Reclamation
on a modification.
``(2) <<NOTE: Notice.>> The Secretary shall provide to project
beneficiaries on a periodic basis notice regarding the costs and status
of the modification.''.
(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. <<NOTE: Notice. 43 USC 509a.>> (a) On identifying a
Bureau of Reclamation facility for modification, the Secretary shall
provide to the project beneficiaries written notice--
``(1) describing the need for the modification and the
process for identifying and implementing the modification; and
[[Page 118 STAT. 2628]]
``(2) summarizing the administrative and legal requirements
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.
LEGISLATIVE HISTORY--S. 1727 (H.R. 4893):
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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.
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