[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1727 Enrolled Bill (ENR)]
S.1727
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
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 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) 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. (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
``(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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.