[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1727 Reported in Senate (RS)]






                                                       Calendar No. 615
108th CONGRESS
  2d Session
                                S. 1727

                          [Report No. 108-296]

 To authorize additional appropriations for the Reclamation Safety of 
                           Dams Act of 1978.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 14, 2003

 Mr. Domenici introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                              July 7, 2004

              Reported by Mr. Domenici, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 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,

<DELETED>SECTION 1. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS FOR THE 
              RECLAMATION SAFETY OF DAMS ACT OF 1978.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>    ``(c) Reimbursement of Certain Modification Costs.--With 
respect to the additional amounts authorized to be appropriated by 
section 5''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) by striking ``and effective October 1, 2001'' 
        and inserting ``effective October 1, 2001'';</DELETED>
        <DELETED>    (2) 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</DELETED>
        <DELETED>    (3) 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,''.</DELETED>

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.''.




                                                       Calendar No. 615

108th CONGRESS

  2d Session

                                S. 1727

                          [Report No. 108-296]

_______________________________________________________________________

                                 A BILL

 To authorize additional appropriations for the Reclamation Safety of 
                           Dams Act of 1978.

_______________________________________________________________________

                              July 7, 2004

                       Reported with an amendment