Safety of Dams Program Policies

                   Public Law 95-578, November 2, 1978,
            as amended by Public Law 98-404 (August 28, 1984)

                                  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. 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)  With respect to the additional $650,000,000 authorized to be
appropriated in The Reclamation Safety of Dams Act Amendments of 1984, 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 operation and maintenance charges.

         (2)  Costs allocated to irrigation water service and capable of being
repaid by the irrigation water users shall be reimbursed within 50 years of the
year in which the work undertaken pursuant to this Act is substantially complete.
Costs allocated to irrigation water service which are beyond the water users'
ability to pay shall be reimbursed in accordance with existing law.

         (3)  Costs allocated to recreation or fish and wildlife enhancement be
reimbursed in accordance with the Federal Water Project Recreation Act
(79 Stat. 213), as amended.

         (4)  Costs allocated to the purpose of municipal, industrial, and
miscellaneous water service, commercial power, and the portion of recreation and
fish and wildlife enhancement costs reimbursable under the Federal Water Project
Recreation Act, shall be repaid within 50 years with interest.  The interest rate
used shall be determined by the Secretary of the Treasury, taking into
consideration average market yields on outstanding marketable obligations of
the United States with remaining periods to maturity comparable to the applicable
reimbursement period during the month preceding the fiscal year in which the costs
are incurred.  To the extent that more than one interest rate is determined
pursuant to the preceding sentence, the Secretary of the Treasury shall establish
an interest rate at the weighted average of the rates so determined.

         (d)  The Secretary is authorized to negotiate appropriate contracts with
project beneficiaries providing for the return of reimbursable under this Act:
Provided, however, That no contract entered into pursuant to this Act shall be
deemed to be a new or amended contract for the purposes of section 203(a) of
Public Law 97-293.

Sec. 5. There are hereby authorized to be appropriated for fiscal year 1979 and
ensuing fiscal years such sums as may be necessary, but not to exceed
$100,000,000 and, effective October 1, 1988, not to exceed an additional
$650,000,000 (October 1, 1983, price levels), plus or minus such amounts, if any,
as may be justified by reason of ordinary fluctuations in construction costs as
indicated by engineering cost indexes applicable to the types of construction
involved herein, to carry out the provisions of this Act to remain available
until expended if so provided by the appropriations Act:  Provided, That no funds
exceeding $750,000 shall be obligated for carrying out 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 session because of an adjournment of more than three calendar
days to a day certain) from that date that the Secretary has transmitted a report
on such existing dam to the Congress.  The report required to be submitted 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 accompanied 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.

Sec. 6. Notwithstanding any other provision of law, the Secretary of the Interior
is authorized and directed to reimburse the Salt River 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.

Sec. 7. Notwithstanding any other provision of law, the Secretary of the Interior
is authorized and directed to pay and discharge that portion of the costs
associated with the replacement of the American Falls Dam which the irrigation
spaceholder contracting entities are obligated 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 contracting entities to accomplish the payment and discharge of such
costs.

Sec. 8. The Congress hereby finds that the oversight provided for in 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.

Sec. 9. (a) The Secretary of the Interior, after October 1, 1979, 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 Reservoir,
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 subsection
(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.
         (c)  The Secretary shall submit to the President and the Congress as soon
as practicable the results of such investigation together with his recommendations.
         (d)  There are authorized to be appointed 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 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."

Sec. 11.  The Secretary of the Interior is hereby directed, notwithstanding terms
of the Contract Numbers 14-06-100-7174, to make necessary repairs on the Scoggins
Valley Road around Henry Hagg Lake, Oregon, at Federal expense pursuant to the
authority of Public Law 89-596 which authorized the construction, operation, and
maintenance of the Tualatin Reclamation Project in Oregon.

Sec. 12.  Included within the scope of this Act are Fish Lake, Four Mile, Ochoco,
Save Rapids Diversion and Warm Springs Dams, Oregon; Como Dam, Montana; Little
Wood River, Idaho; and related facilities which have been made a part of a
Federal reclamation project by previous Acts of Congress.  Coolidge Dam, San
Carlos Irrigation Project, Arizona, shall also be included within the scope of
this Act.

Sec. 13.  The cost of foundation treatment, drainage and instrumentation work
planned or underway at Twin Buttes, Texas, and Foss Dam, Oklahoma, shall be
nonreimbursable and nonreturnable under Federal reclamation law.