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S. 2820 (95th): Reclamation Safety of Dams Act

The text of the bill below is as of Nov 2, 1978 (Passed Congress).

PUBLIC LAW 95-578—NOV. 2, 1978                                 92 STAT. 2471

Public Law 95-578
95th Congress
                                 An Act
To authorize the Secretary of the Interior to construct, restore, operate, and     Nov. 2, 1978
  maintain new or modified features at existing Federal reclamation dams for        [S. 2820]
  safety of dams purposes.

   Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress asserribled^ That this Act shall Reclamation
be cited as the "Reclamation Safety of Dams Act of 1978".                 Safety of Dams
   SEC. 2. In order to preserve the structural safety of Bureau of Recla- Act of 1978.
                                                                          43 u s e 506 note.
mation dams and related facilities the Secretary of the Interior is Structures,
authorized to perform such modifications as he determines to be modifications.
reasonably required. Said performance of work shall be in accordance 43 u s e 506.
with the Federal reclamation laws (Act of June 17,1902, 32 Stat. 388, 43 u s e 391
and Acts amendatory or supplementary thereto).                            note.
   SEC. 3. Construction authorized by this Act shall be for the pur- 43 u s e 507.
poses of dam safety and not for the specific purposes of providing
additional conservation storage capacity or of developing benefits over
and above those provided by the original dams and reservoirs. Nothing
in this Act shall be construed to reduce the amount of project costs
allocated to reimbursable purposes heretofore authorized.
   SEC. 4. (a) Costs heretofore or hereafter incurred in the modifica- 43 u s e 508.
tion of structures 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 operat-
ing entity shall be considered as project 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) Costs heretofore or hereafter incurred in the modification of
structures under this Act, the cause of which results from new hydro-
logic or seismic data or changes in state-of-the-art criteria deemed
necessary for safety purposes shall be nonreimbursable and nonreturn-
able under the Federal Reclamation law.
   SEC. 5. There are hereby authorized to be appropriated for fiscal Appropriation
year 1979 and ensuing fiscal years such sums as may be necessary, but authorization.
not to exceed $100,000,000, to carry out the provisions of this Act to 43 u s e 509.
remain available until expended if so provided by the appropriations
Act: Provided^ That no funds shall be obligated for carrying out Report to
actual construction to modify an existing dam under authority of this
Act prior to sixty days (which sixty days shall not include days on
which either the House of Representatives or the Senate is not in ses-
sion because of an adjournment of more than three calendar days to a
day certain) from the date that the Secretary has transmitted a report
on such existing dam to the Congress. The report required to be sub-
mitted 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 accom-
panied 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.

92 STAT. 2472 PUBLIC LAW 95-578—NOV. 2, 1978 Salt River SEC. 6. Notwithstanding any other provision of law, the Secretary Project, of the Interior is authorized and directed to reimburse the Salt River reimbursement. Project for expenses incurred to modify the Bartlett Dam spillway and outfall channel, undertaken for safety of dam purposes pursuant to the provisions of this Act. FEDERAL RECLAMATION DAMS SAFETY American Falls SEC. 7. Notwithstanding any other provision of law, the Secretary of Dam costs, the Interior is authorized and directed to pay and discharge that por- payment and tion of the costs associated with the replacement of the American Falls contracts. Dam which the irrigation spaceholder contracting entities are obli- gated to pay pursuant to the implementation of the act of December 28,1973 (87 Stat. 904), to treat such costs as costs incurred under this act, and to enter into contracts with the irrigation spaceholder con- tracting entities to accomplish the payment and discharge of such costs. SEC. 8. The Congress hereby finds that the oversight provided for in 91 Stat. 227. section 3 of Public Law 95-46 has been accomplished with respect to the three temporary water service contracts between the United States and the Westlands Water District, as forwarded to Congress on October 4,1978. Investigation SEC. 9. (a) The Secretary of the Interior, after October 1, 1979, and study. shall make a full investigation and study to determine the feasibility of carrying out a project to rehabilitate and improve the existing Santa Cruz Dam and Eeservoir, Santa Cruz Irrigation District, New Mexico, including-— (1) repairing and stabilizing the face of the dam; (2) enlarging spillway capacity to insure the safety of the dam; and (3) raising the dam to increase the storage capacity of Santa Cruz Reservoir. (b) In carrying out the investigation and study authorized by sub- section (a) the Secretary shall give full consideration to the potential for developing the Santa Cruz Dam and Reservoir as a unit or part of the San Juan-Chama project. Submittal to (c) The Secretary shall submit to the President and the Congress as President and soon as practicable the results of such investigation together with Congress. his recommendations. (d) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this bill. SEC. 10. The fourth sentence of section 201 of the Act of September 43 u s e 1511. 30, 1968 (Public Law 90-537) is amended by striking out "from the date of this Act" and by inserting in lieu thereof the following: "from the date of the enactment of the Reclamation Safety of Dams Act of 1978".
PUBLIC LAW 95-578—NOV. 2, 1978 92 STAT. 2473 SEC. 11. The Secretary of the Interior is hereby directed, notwith- Scoggins Valley standing the terms of the Contract Numbers 14-06-100-7174, to make Road, Ore., necessary repairs on the Scoggins Valley Road around Henry Hagg repairs. Lake, Oregon, at Federal expense pursuant to the authority of Public Law 89-596 which authorized the construction, operation and main- 43 USC 616nnn. tenance of the Tualatin Reclamation Project in Oregon. Approved November 2, 1978. LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1125, accompanying H.R. 11153 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-810 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 124 (1978): July 28, considered and passed Senate. Oct. 14, H.R. 11153 considered and passed House; passage vacated, and S. 2820, amended, passed in lieu. Oct. 15, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 44: Nov. 2, Presidential statement.