[108th Congress Public Law 439]
[From the U.S. Government Printing Office]


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[DOCID: f:publ439.108]


[[Page 118 STAT. 2627]]

Public Law 108-439
108th Congress

                                 An Act


 
  To authorize additional appropriations for the Reclamation Safety of 
         Dams Act of 1978. <<NOTE: Dec. 3, 2004 -  [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 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) <<NOTE: Notice.>> 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. <<NOTE: Notice. 43 USC 509a.>> (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

[[Page 118 STAT. 2628]]

            ``(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.''.

    Approved December 3, 2004.

LEGISLATIVE HISTORY--S. 1727 (H.R. 4893):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-757 accompanying H.R. 4893 (Comm. on Resources).
SENATE REPORTS: No. 108-296 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
            Sept. 15, considered and passed Senate.
            Nov. 17, considered and passed House.

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