[Congressional Record Volume 146, Number 133 (Monday, October 23, 2000)]
[House]
[Pages H10519-H10520]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 AUTHORIZING APPROPRIATIONS FOR THE RECLAMATION SAFETY OF DAMS ACT OF 
                                  1978

  Mr. GIBBONS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3595) to increase the authorization of appropriations for 
the Reclamation of Safety of Dams Act of 1978, and for other purposes, 
as amended.
  The Clerk read as follows:

[[Page H10520]]

                               H.R. 3595

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. INCREASED AUTHORIZATION OF APPROPRIATIONS 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 following: ``and the 
     additional $380,000,000 further authorized to be appropriated 
     by amendments to that Act in 2000'';
       (ii) striking paragraph (2) and redesignating paragraphs 
     (3) and (4) as paragraphs (2) and (3), respectively; and
       (iii) in the first sentence of paragraph (3), as so 
     redesignated, inserting ``irrigation,'' after ``Costs 
     allocated to the purpose of'', and inserting ``without regard 
     to water users' ability to pay'' before the period 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 expend 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 
     construction involved herein,''; and
       (C) striking ``sixty days (which'' and all that follows 
     through ``day certain)'' and inserting ``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 facility 
     for modification, the Secretary shall notify project 
     beneficiaries in writing of such selection and solicit their 
     interest in participating in evaluating the facility for 
     modification. If requested by the project beneficiaries, the 
     Secretary, 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, 
     construction, and management of the modifications. Prior to 
     submitting the modification reports required by section 5, 
     the Secretary shall consider, and where appropriate 
     implement, alternatives recommended by project beneficiaries. 
     Within 30 days after receiving such recommendations, the 
     Secretary shall provide to the project beneficiaries a 
     written response detailing proposed actions to address the 
     recommendations. 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 modifications 
     shall notify the Secretary in writing. During the 
     construction 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 measures and 
     construction management techniques needed to carry out such 
     modifications.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Nevada (Mr. Gibbons) and the gentleman from California (Mr. George 
Miller) each will control 20 minutes.
  The Chair recognizes the gentleman from Nevada (Mr. Gibbons).
  Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this legislation would increase the authorized cost 
ceiling for the Bureau of Reclamation's dam safety program. The program 
is designed to ensure that its facilities operate in a safe and 
reliable condition to protect the public, property, and natural 
resources downstream of reclamation structures.
  Since the introduction of this bill, members of the Subcommittee on 
Water and Power have worked to ensure that project beneficiaries are 
informed of the costs and status of dam safety modifications. This 
legislation requires the Secretary to provide the costs and the status 
of the modifications if the project beneficiaries notify the Secretary 
in writing of their interest in this information.
  In addition, the legislation requires the Secretary to consider and, 
where appropriate, implement containment and construction management 
techniques and recommendations provided by the project beneficiaries 
regarding costs.
  I urge an aye vote.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, I rise in support of this legislation. The bill amends 
the Reclamation Safety of Dams Act of 1978 to increase the authorized 
cost ceiling for the Reclamation Safety of Dams Act by $380 million.
  The bill also makes important changes pertaining to reimbursable 
costs. The amendment affords local projects beneficiaries an 
opportunity to negotiate an agreement with the Bureau of Reclamation, 
allowing for local participation in the oversight of dam safety project 
planning, design, cost containment, and other matters.
  It should be clearly understood, however, that the public safety 
responsibilities of the Secretary pursuant to this Act are not 
diminished or affected in any way by these procedures allowing for full 
participation by the project beneficiaries.
  I urge adoption of this legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GIBBONS. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Nevada (Mr. Gibbons) that the House suspend the rules 
and pass the bill, H.R. 3595, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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