118 STAT. 2627 PUBLIC LAW 108–439—DEC. 3, 2004 Public Law 108–439 108th Congress An Act 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, 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 Rec lamation 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 ordi nary 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 Reclama tion on a modification. ‘‘(2) The Secretary shall provide to project beneficiaries on a periodic basis notice regarding the costs and status of the modi fication.’’. (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 bene ficiaries written notice— ‘‘(1) describing the need for the modification and the process for identifying and implementing the modification; and Notice. 43 USC 509a. Notice. Dec. 3, 2004 [S. 1727]
�
