[Congressional Record Volume 150, Number 110 (Wednesday, September 15, 2004)]
[Senate]
[Pages S9339-S9340]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  ADDITIONAL APPROPRIATIONS FOR THE RECLAMATION SAFETY OF DAMS ACT OF 
                                  1978

  The Senate proceeded to consider the bill (S. 1727) to authorize 
additional appropriations for the Reclamation Safety of Dams Act of 
1978, which had been reported from the Committee on Energy and Natural 
Resources, with an amendment to strike all after the enacting clause 
and insert in lieu thereof the following:
  (Strike the part shown in black brackets and insert the part shown in 
italic.)

                                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 striking ``and effective October 1, 2001'' and 
     inserting ``effective October 1, 2001'';
       [(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
       [(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,''.]

     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:

[[Page S9340]]

       ``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.''.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1727), as amended, was read the third time and passed.

                          ____________________