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Unformatted text preview: Reclamation Safety of Dams Act Public Law 95-578, November 2, 1978, as amended by Public Law 98-404 (August 28, 1984), Public Law 106-377 (October 27, 2000), Public Law 107-117 (January 10, 2002), and Public Law 108-439 (December 3, 2004) [ most recent amendments are italicized ] 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. Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled , That this Act shall be cited as the "Reclamation Safety of Dams Act of 1978." Sec. 2. (a) In order to preserve the structural safety of Bureau of Reclamation dams and related facilities, the Secretary of the Interior is authorized to perform such modifications as he determines to be reasonably required. Said performance of work shall be in accordance with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory or supplementary thereto). Sec. 3. Construction authorized by this Act shall be for purposes 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 modification 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 operating 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) With respect to the $100,000,000 authorized to be appropriated the Reclamation Safety of Dams Act of 1978, costs heretofore, or hereafter incurred in the modification of structures under this Act, the cause of which results from new hydrologic or seismic data or changes in the state-of-the-art criteria deemed necessary for safety purposes shall be nonreimbursable and nonreturnable under the Federal Reclamation law. (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. (1) Fifteen percent of such costs shall be allocated to the authorized purposes of the structure, except that in the case of Jackson Lake Dam, Minidoka Project, Idaho-Wyoming, such costs shall be allocated in accordance with the allocation of...
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