Senate Report 108-296 - RECLAMATION SAFETY OF DAMS ACT OF 1978

[Senate Report 108-296]
[From the U.S. Government Publishing Office]

Calendar No. 615
108th Congress Report
SENATE
2d Session 108-296

======================================================================

RECLAMATION SAFETY OF DAMS ACT OF 1978

_______

July 7, 2004.--Ordered to be printed

_______

Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following

R E P O R T

[To accompany S. 1727]

The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1727) to authorize additional
appropriations for the Reclamation Safety of Dams Act of 1978,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:

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.''.

Purpose

The purpose of S. 1727, as ordered reported, is to
authorize additional appropriations for the Reclamation Safety
of Dams Act of 1978 and to provide for certain opportunities
for participation by project beneficiaries.

Background and Need

With the Teton Dam failure in 1976, the Bureau of
Reclamation (``Bureau'' or ``Reclamation'') experienced the
only dam failure in its 100 year history. Congress responded by
enacting the Reclamation Safety of Dams Act of 1978. The goal
of Reclamation's dam safety program is to ensure the safety and
reliability of 369 high hazard dams and dikes located at 250
water projects in Reclamation's inventory.
At the Subcommittee hearing, the Administration testified
that, as of September 30, 2003, the approximately $159 million
remaining in budget authority for the dam safety program would
likely be committed in fiscal years 2004 and 2005. The purpose
of S. 1727 is to increase by $540 million (indexed for
inflation) the authorized cost ceiling for the Reclamation
Safety of Dams Act of 1978. The increased funding level
provided by S. 1727 will provide Reclamation with the authority
to carry out safety of dams activities through fiscal years
2012-2014, based on current projected funding needs.
The bill also increases from $750,000 to $1.25 million the
contract cost threshold amount for the requirement that the
Bureau send a safety of dams modification report to Congress
for review. This provision makes an adjustment for inflation.
Finally, the legislation, as amended, addresses the
participation by project beneficiaries in Reclamation's dam
safety process. The bill provides project beneficiaries with
opportunities as set forth in the bill to consult with the
Bureau on the planning, design and construction of the proposed
modification.

Legislative History

S. 1727 was introduced by Senator Domenici on October 14,
2003, and referred to the Energy and Natural Resources
Committee. A hearing before the Subcommittee on Water and Power
was conducted on March 25, 2004. The Energy and Natural
Resources Committee, on June 16, 2004, by a unanimous vote of a
quorum present, favorably reported S. 1727, as amended.

Committee Recommendation

The Senate Committee on Energy and Natural Resources, in an
open business session on June 16, 2004, by a unanimous voice
vote of a quorum present, recommends that the Senate pass S.
1727, if amended as described herein.

Committee Amendment

The amendment in the nature of a substitute makes the
following changes to S. 1727 as introduced:
1. Makes a technical correction by reinserting the word
``and'' before ``effective October 1, 2001.''
2. Amends section 4 of the Reclamation Safety of Dams Act
to add a new subsection (e)(1) to address participation by
project beneficiaries in the Bureau's Safety of Dams program.
The new subsection directs the Secretary to consider cost
containment measures submitted by project beneficiaries
participating in the Bureau's consultation process
(``participating project beneficiaries'') with respect to the
proposed modification. The Secretary is further directed to
provide project beneficiaries with periodic notice on costs and
status of the modification.
3. Amends the Reclamation Safety of Dams Act to add a new
section 5A. The new section directs the Secretary to provide
written notice to the project beneficiaries once a facility has
been identified for modification. The notice is to include
information on the identification and implementation process
for modification, along with a summary of the administrative
and legal requirements related to the modification. The
Secretary must provide the opportunity for project
beneficiaries to consult with the Bureau on the planning,
design, and construction of the proposed modification, as well
as on timeframes for such consultation. The new section 5A
established by the Committee amendment directs the Secretary to
consider a written proposal that has been timely submitted by a
participating project beneficiary. The Secretary is directed to
provide a written response to the project beneficiary on the
submitted proposal, and such response shall be included in any
Congressional report required by section 5 on the modification.
Finally, the new section authorizes the Secretary to waive one
or more of the requirements set forth by the new section for
safety or security reasons.

Section-by-Section Analysis

Section 1(a) eliminates a redundant listing of additional
authorization levels for the Safety of Dams Program contained
in section 4(c) of the Reclamation Safety of Dams Act of 1978,
as amended. Section 1(a) inserts in that subsection a cross-
reference to section 5 of theReclamation Safety of Dams Act,
which sets forth these additional authorization levels, as well as the
increase of an additional $540,000,000 in authorization provided for by
the bill. The change made by section 1(a) simplifies the statutory
language and eliminates redundancy, and the other obligations imposed
by section 4(c) with respect to the previous additional authorization
levels remain unchanged. The obligations of section 4(c) also apply to
the new additional authorization level of $540,000,000.
Section 2(a) amends section 4 of the Reclamation Safety of
Dams Act to add a new subsection (e)(1). This new subsection
directs the Secretary to consider cost containment measures
offered by participating project beneficiaries. The new
subsection further directs the Secretary to provide project
beneficiaries with notice on the costs and status of a project
modification on a periodic basis.
Subsection (b) amends the Reclamation Safety of Dams Act to
add a new section 5A. The new section 5A(a) directs the
Secretary, upon identifying a project for modification, to
provide written notice to the project beneficiaries containing
the following information: the need for the modification; the
identification and implementation process for the modification;
and a summary of the modification's legal and administrative
requirements relating to the modification.
The new section 5A(b) directs the Secretary to provide
project beneficiaries with the opportunity to consult with the
Bureau on the planning, design and construction of the proposed
modification and to establish and provide timeframes for such
consultation.
The new section 5A(c) further directs the Secretary to
consider any written alternative submitted in a timely fashion
by a participating project beneficiary, prior to submitting a
modification report to Congress if required by section 5 of the
Act. The new section 5A(c) directs the Secretary to provide a
timely written response to a participating project
beneficiary's proposed alternative and to include such response
in any required reports to Congress.
The new section 5A(d) authorizes the Secretary to waive one
or more of the requirements provided by section 5(A)(a), (b),
or (c) if the Secretary determines that implementation of the
requirement could have an adverse impact on dam safety or
security.

Cost and Budgetary Considerations

The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:

U.S. Congress,
Congressional Budget Office,
Washington, DC, June 23, 2004.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1727, a bill to
authorize additional appropriations for the Reclamation Safety
of Dams Act of 1978.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Julie
Middleton.
Sincerely,
Elizabeth Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.

S. 1727--A bill to authorize additional appropriations for the
Reclamation Safety of Dams Act of 1978

Summary: S. 1727 would increase the ceiling on amounts
authorized to be appropriated for the Reclamation Safety of
Dams Act by $540 million (excluding adjustments for inflation).
Assuming appropriation of the necessary amounts, CBO estimates
that implementing the bill would cost $135 million over the
2005-2009 period and an additional $465 million after 2009
(including costs to cover anticipated inflation). Enacting S.
1727 would not affect direct spending or revenues.
In addition, the bill would increase the cost threshold
from $750,000 to $1.25 million that causes the Bureau of
Reclamation to prepare a safety of dams modification report for
the Congress and would make other administrative changes to the
program. Based on information from the bureau, CBO expects that
these provisions would have no significant cost.
S. 1727 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments. Any costs incurred by state or local governments
to match or reimburse the federal funds authorized by this
legislation result from participating in a voluntary federal
program.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1727 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
2004 2005 2006 2007 2008 2009
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SPENDING SUBJECT TO APPROPRIATION

Dam Safety Spending Under Current Law:
Estimated Authorization Level \1\..................... 55 48 57 0 0 0
Estimated Outlays..................................... 30 37 49 24 13 6
Proposed Changes:
Estimated Authorization Level......................... 0 0 0 60 62 63
Estimated Outlays..................................... 0 0 0 31 47 57
Dam Safety Spending Under S. 1727
Estimated Authorization Level......................... 55 48 57 60 62 63
Estimated Outlays..................................... 30 37 49 55 60 63
----------------------------------------------------------------------------------------------------------------
\1\ The 2004 amount is an estimate of the amount appropriated for the bureau's Dam Safety Program. The 2005 and
2006 levels are the agency's estimate of the use of the remaining authorization level for this program.

Basis of estimate: This bill would increase the amounts
authorized to be appropriated for the Reclamation Safety of
Dams Act of 1978 by $540 million (excluding adjustments for
inflation).
Under current law, $105 million remains to be appropriated
of the program authorization level. The current ceiling on
amounts authorized to be appropriated for this program is about
$1 billion, including adjustments for inflation. The Bureau of
Reclamation estimates that its plan to upgrade dams will use
this remaining authorization level by fiscal year 2006 to fund
ongoing and future projects.
For this estimate, CBO assumes that S. 1727 will be enacted
near the end of 2004. Including adjustments for anticipated
inflation, CBO estimates that the authorization ceiling for the
program would increase by $600 million. CBO expects that the
additional authorization level under the bill would be needed
starting in fiscal year 2007 and would fund projects through
2015. Based on information from the bureau, CBO estimates that
implementing this bill would cost $135 million over the 2005-
2009 period and $465 million after that period (including costs
to cover anticipated inflation).
Intergovernmental and private-sector impact: S 1727
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. Any costs incurred by state or local
governments to match or reimburse the federal funds authorized
by this legislation results from participating in a voluntary
federal program.
Estimate prepared by: Federal Costs: Julie Middleton;
Impact on State, Local, and Tribal Governments: Majorie Miller;
and Impact on the Private Sector: Crystal Taylor.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.

Regulatory Impact Evaluation

In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1727. The Act is not a regulatory measure in
the sense of imposing government-established standards or
significant responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1727.

Executive Communications

On June 16, 2004, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 1727. These
reports had not been received when this report was filed. The
testimony provided by the Department of the Interior at the
Subcommittee hearing on S. 1727 follows:

Statement of John W. Keys III, Commissioner, Bureau of Reclamation,
Department of the Interior

Madam Chairman, I am John W. Keys III, Commissioner of the
Bureau of Reclamation. Thank you for the opportunity to provide
the Department's views on S. 1727, to increase the authorized
cost ceiling for the Reclamation Safety of Dams Act
administered by the Bureau of Reclamation's Dam Safety Program
by $540 million, and adjust the reporting threshold for
inflation. The Administration strongly supports this bill.
Since the passage of the Reclamation Safety of Dams Act of
1978, the Bureau of Reclamation has developed a model dam
safety program to implement the Federal Guidelines for Dam
Safety and to modify dams in accordance with the act. In 1996,
an independent review team comprised of representatives from
the Association of Dam Safety Officials was assembled to assess
the Department of the Interior's Dam Safety Program. It was the
first outside review of Reclamation's program in two decades.
In 1997, the team released a comprehensive and independent
report. The report found that the Bureau of Reclamation has
``an effective Dam Safety Program'' overseen by ``highly
competent'' staff using ``state-of-the-art technical standards
and expertise.'' Reclamation's ability to respond to dam safety
issues and to take preventative, corrective actions to reduce
the public risks under the authority of the Reclamation Safety
of Dams Act was a critical component of this favorable peer
review. The team made a number of recommendations in
Reclamation's program, and we have taken steps to implement
them. Among them, we now have an officer who audits and
oversees the dam safety program, but is independent of the dam
safety program staff. Outside experts annually review
Reclamation's dam safety activities to ensure that the program
has adequate policies and procedures in place to address public
safety issues.

background

Public Law 95-578 and Public Law 98-404, along with Federal
Guidelines for Dam Safety and the Department manual, guide
Reclamation's dam safety efforts. In this regard, Reclamation's
top priorities are to deliver water to and generate power for
its customers without disruption, while protecting public
safety.
There are 369 high hazard dams and dikes located at 250
water projects in Reclamation's inventory. The dam safety
program helps to ensure the safety and reliability of these
facilities. Approximately 50 percent of Reclamation's dams were
built between 1900 and 1950 and approximately 90 percent of the
dams were built before current state-of-the-art design and
construction practices. Considering the age of Reclamation
dams, the ongoing monitoring, facility reviews, analysis,
investigations, and emergency management are critical
components of the dam safety program. We are proud of our dam
safety work but we also realize we cannot take safety for
granted.
In its 100 year history, Reclamation has only had one dam
failure--Teton Dam--that resulted in loss of life and damage to
property. Teton Dam toppled in 1976 during initial filling due
to a design and construction deficiency.
After Teton, Reclamation instituted a dam safety program.
Congress enacted the Reclamation Safety of Dams Act in 1978
(Public Law 95-578) to preserve the structural safety of
Reclamation dams and facilities. In 1984, Congress adopted
amendments (Public Law 98-404) instituting a 15 percent non-
Federal cost share requirement for modifications made as a
result of new hydrologic or seismic information or changes in
the state-of-the-art technology. Public Law 95-578 authorized
$100 million and Public Law 98-404 increased the authorized
cost ceiling an additional $650 million, indexed for inflation.
The 1984 Amendments also directed Reclamation to submit to
Congress, prior to taking corrective actions, a report on any
modifications expected to exceed $750,000 in actual
construction costs. In Fiscal Years 2001 and 2002, Congress
adopted amendments to increase the authorized cost ceiling by
$95 million (Public Law 106-377) and by $32 million (Public Law
107-117) respectively.
Recognizing the importance of our relationships with the
end users of the water and power from Reclamation projects, we
have adopted a policy and directives that formalize
requirements for communicating the need for modifications in a
timely fashion. The policy and directives also require the
development of a plan in cooperation with our water and power
contractors to assure continued communication and involvement
during the development of alternatives, selection of a
preferred alternative, and implementation of the actions
required to reduce risk.
As of September 30, 2003, approximately $159 million
remained in budget authority for the dam safety program.
Reclamation anticipates that entire remaining authorization
ceiling will be committed in fiscal years 2004 and 2005 to fund
new and ongoing projects.

effect of s. 1727

S. 1727 would make two primary changes in the existing
program.
First, the bill would increase by $540 million (indexed for
inflation) the authorized cost ceiling for the Reclamation
Safety of Dams Act. Reclamation anticipates that this funding
level will provide Reclamation with authority to carry out
safety of dams activities through approximately Fiscal Years
2012-2014, based on current projected funding needs for safety
of dams modifications. If annual obligations are required at a
faster rate to meet identified needs, the ceiling would be
expended sooner.
Second, the bill would increase from $750,000 to $1.25
million the contract cost threshold amount for the Bureau of
Reclamation to send a safety of dams modification report to
Congress for review. This change would adjust the threshold for
inflation since 1984, and thus allow Reclamation to
independently initiate the modifications of the size and scope
contemplated in the 1984 amendments.

conclusion

Since 1978, when Congress first created the Safety of Dams
program, we have carried out 64 risk reduction corrective
actions and 4 more are currently underway. Reclamation has
implemented these corrective actions to protect public safety
at the lowest cost possible.
S. 1727 would provide the additional budget authority for
this effort to continue into the future. While the
Administration supports the increase of appropriations ceiling,
we will continue to evaluate this program for potential changes
to improve planning and operations, better serve the taxpayer,
and protect the safety of the people and businesses that rely
on the soundness and integrity of Reclamation facilities.
In conclusion, Madam Chairman, the Administration strongly
support S. 1727, and I would be pleased to answer any questions
you may have.

Changes in Existing Law

In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 1727, as ordered reported, are shown as follows (existing
law proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):

RECLAMATION SAFETY OF DAMS ACT OF 1978

Public Law 95-578, 92 Stat. 2471, as amended by Public Law 98-404,
Sec. 1(2), 98 Stat. 1481, 1482; Public Law 106-377, Sec. 1(a)(2), 114
Stat. 1441; and Public Law 107-117, div. B, chap. 5, Sec. 503(1), 115
Stat. 2308

AN ACT To authorize the Secretary of the Interior to construct,
restore, operate, and maintain new or modified features at existing
Federal reclamation dams for safety of dams purposes

* * * * * * *

Sec. 4. (a) Costs heretofore or hereafter incurred in the
modification of structure under this Act, the cause of which
results from age and normal deterioration of the structure or
from nonperformance of reasonable and normal maintenance of the
structure by the operating entity shall be considered as
projects costs and will be allocated to the purposes for which
the structure was authorized initially to be constructed and
will be reimbursable as provided by existing law.
(b) With respect to the $100,000,000 authorized to be
appropriated in the Reclamation Safety of Dams Act of 1978,
costs heretofore or hereafter incurred in the modification of
strictures under this Act, the cause of which results from new
hydrologic or seismic data orchanges in state-of-the-art
criteria deemed necessary for safety purposes shall be nonreimbursable
and nonreturnable under the Federal Reclamation law.
[(c) With respect to the additional $650,000,000 authorized
to be appropriated in The Reclamation Safety of Dams Act
Amendments of 1984, and the additional $95,000,000 further
authorized to be appropriated by amendments to that Act in
2000, and the additional $32,000,000 further authorized to be
appropriated by amendments to the Act in 2001] (c)
Reimbursement of Certain Modification Costs._With respect to
the additional amounts authorized to be appropriated by section
5, costs incurred in the modification of structures under this
Act, the cause of which results from new hydrologic or seismic
data or changes in state-of-the-art criteria deemed necessary
for safety purposes, shall be reimbursed to the extent provided
in this subsection.

* * * * * * *

(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.

* * * * * * *

Sec. 5. There are hereby authorized to be appropriated for
fiscal year 1979 and ensuing fiscal years such sums as may be
necessary and, effective October 1, 1983, not to exceed an
additional $650,000,000 (October 1, 1983, price levels), and,
effective October 1, 2000, not to exceed an additional
$95,000,000 (October 1, 2000, price levels,) and, effective
October 1, 2001, not to exceed an additional $32,000,000
(October 1, 2001, price levels), and, effective October 1,
2003, not to exceed an additional $540,000,000 (October 1,
2003, 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, to carry out the
provisions of this Act to remain available until expended if so
provided by the appropriations Act: Provided, That no funds
exceeding [$750,000] $1,250,000 (October 1, 2003, price
levels), as adjusted to reflect any ordinary fluctuations in
construction costs indicated by applicable engineering cost
indexes, shall be obligated for carrying out actual
construction to modify an existing dam under authority of this
Act prior to 30 calendar days from the date that the Secretary
has transmitted a report on such existing dam to the Congress.
The report required to be submitted by this section will
consist of a finding by the Secretary of the Interior to the
effect that modifications are required to be made to insure the
safety of an existing dam. Such finding shall be accompanied by
a technical report containing information on the need for
structural modification, the corrective action deemed to be
required, alternative solutions to structural modification that
were considered, the estimated cost of needed modifications,
and environmental impacts if any resulting from the
implementation of the recommended plan of modification.
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 requirements could have an adverse
impact on dam safety or security.

* * * * * * *