118 STAT. 2628 PUBLIC LAW 108–439—DEC. 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. ‘‘(2) summarizing the administrative and legal require ments 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.
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