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33 U.S.C. § 467n — Recovery of dam modification costs required for safety purposes
Federal law — U.S. Code and appendices · legal_authorities
**(a)** After November 17, 1986, costs incurred in the modification by the Secretary of dams and related facilities constructed or operated by the Secretary, the cause of which results from new hydrologic or seismic data or changes in state-of-the-art design or construction criteria deemed necessary for safety purposes, shall be recovered in accordance with the provisions in this subsection:
(1) Fifteen percent of the modification costs shall be assigned to project purposes in accordance with the cost allocation in effect for the project at the time the work is initiated. Non-Federal interests shall share the costs assigned to each purpose in accord with the cost sharing in effect at the time of initial project construction: Provided, That the Secretary of the Interior shall recover costs assigned to irrigation in accordance with repayment provisions of Public Law 98–404.
(2) Repayment under this subsection, with the exception of costs assigned to irrigation, may be made, with interest, over a period of not more than thirty years from the date of completion of the work. 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 reimbursable period during the month preceding the fiscal year in which the costs are incurred, plus a premium of one-eighth of one percentage point for transaction costs. 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.
**(b)** Nothing in this section affects the authority of the Secretary to perf
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Source file: Laws/federal/codes/united-states-code/title-33/section-467n-recovery-of-dam-modification-costs-required-for-safety-purposes--fb49791378.md
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Source location: Title 33, Chapter 9, § 467n; chapter-009-protection-of-navigable-waters-and-of-harbor-and-river-improvements-generally.md
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**(a)** After November 17, 1986, costs incurred in the modification by the Secretary of dams and related facilities constructed or operated by the Secretary, the cause of which results from new hydrologic or seismic data or changes in state-of-the-art design or construction criteria deemed necessary for safety purposes, shall be recovered in accordance with the provisions in this subsection:
(1) Fifteen percent of the modification costs shall be assigned to project purposes in accordance with the cost allocation in effect for the project at the time the work is initiated. Non-Federal interests shall share the costs assigned to each purpose in accord with the cost sharing in effect at the time of initial project construction: Provided, That the Secretary of the Interior shall recover costs assigned to irrigation in accordance with repayment provisions of Public Law 98–404.
(2) Repayment under this subsection, with the exception of costs assigned to irrigation, may be made, with interest, over a period of not more than thirty years from the date of completion of the work. 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 reimbursable period during the month preceding the fiscal year in which the costs are incurred, plus a premium of one-eighth of one percentage point for transaction costs. 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.
**(b)** Nothing in this section affects the authority of the Secretary to perform work pursuant to Public Law 84–99, as amended ([33 U.S.C. 701n](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701n&num=0&edition=prelim)) or cost sharing for such work.
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Federal law — U.S. Code and appendices · legal_authorities
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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 506
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Emergency fund**
(1) There is authorized an emergency fund to be expended in preparation for emergency response to any natural disaster, in flood fighting and rescue operations, or in the repair or restoration of any flood control work threatened or destroyed by flood, including the strengthening, raising, extending, realigning, or other modification thereof as may be necessary in the discretion of the Chief of Engineers for the adequate functioning of the work for flood control and subject to the condition that the Chief of Engineers may include modifications to the structure or project, or in implementation of nonstructural alternatives to the repair or restoration of such flood control work if requested by the non-Federal sponsor; in the emergency protection of federally authorized hurricane or shore protection being threatened when in the discretion of the Chief of Engineers such protection is warranted to protect against imminent and substantial loss to life and property; in the repair and restoration of any federally authorized hurricane or shore protective structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the pre-storm level of protection, to the design level of protection, or, notwithstanding the authorized dimensions of the structure or project, to a level sufficient to meet the authorized purpose of such structure or project, whichever provides greater protection, when, in the discretion of the Chief of Engineers, such repair and restoration is warranted for the adequate functioning of the structure or project for hurricane or shore protection, including to ensure the structure or project is functioning adequately to protect against projected changes in wave action or height or storm surge (incl
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701n
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Federal law — U.S. Code and appendices · legal_authorities
In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2201
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Federal law — U.S. Code and appendices · legal_authorities
Page 98
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§§ 467k to 467m
‘‘$1,600,000 for fiscal year 2007, $1,700,000 for fiscal year
2008, $1,800,000 for fiscal year 2009, $1,900,000 for fiscal
year 2010, and $2,000,000 for fiscal year 2011’’.
Pub. L. 113–121, § 3001(e)(3)(A), redesignated subsec. (c)
as (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 113–121, § 3001(e)(5), substituted
‘‘$750,000 for each of fiscal years 2015 through 2019’’ for
‘‘$550,000 for fiscal year 2007, $600,000 for fiscal year 2008,
$650,000 for fiscal year 2009, $700,000 for fiscal year 2010,
and $750,000 for fiscal year 2011’’.
Pub. L. 113–121, § 3001(e)(3)(A), redesignated subsec. (d)
as (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 113–121, § 3001(e)(6), substituted
‘‘$1,000,000 for each of fiscal years 2015 through 2019’’ for
‘‘$700,000 for fiscal year 2007, $800,000 for fiscal year 2008,
$900,000 for fiscal year 2009, $1,000,000 for fiscal year 2010,
and $1,100,000 for fiscal year 2011’’.
Pub. L. 113–121, § 3001(e)(3)(A), redesignated subsec. (e)
as (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 113–121, § 3001(e)(3)(A), redesig-
nated subsec. (f) as (g).
2006—Subsec. (a)(1). Pub. L. 109–460, § 1(d)(1), sub-
stituted ‘‘$6,500,000 for fiscal year 2007, $7,100,000 for fis-
cal year 2008, $7,600,000 for fiscal year 2009, $8,300,000 for
fiscal year 2010, and $9,200,000 for fiscal year 2011’’ for
‘‘$6,000,000 for each of fiscal years 2003 through 2006’’.
Subsec. (b). Pub. L. 109–460, § 1(d)(2), substituted
‘‘$650,000 for fiscal year 2007, $700,000 for fiscal year 2008,
$750,000 for fiscal year 2009, $800,000 for fiscal year 2010,
and $850,000 for fiscal year 2011’’ for ‘‘$500,000 for each
fiscal year’’.
Subsec. (c). Pub. L.
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 467n
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Federal law — U.S. Code and appendices · legal_authorities
Page 200
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 701k
377, § 3, 55 Stat. 639; Dec. 22, 1944, ch. 665, § 10, 58 Stat.
891; July 24, 1946, ch. 596, § 10, 60 Stat. 643.
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of functions of Federal Power Commis-
sion, with certain reservations, to chairman of such
Commission, see Reorg. Plan No. 9 of 1950, §§ 1, 2, eff.
May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out in the
Appendix to Title 5, Government Organization and Em-
ployees.
§ 701k. Crediting reimbursements for lost, stolen,
or damaged property
Any amounts collected from any person, per-
sons, or corporations as a reimbursement for
lost, stolen, or damaged property, purchased in
connection with river and harbor or flood con-
trol work prosecuted under the direction of the
Secretary of the Army and the supervision of
the Chief of Engineers, whether collected in cash
or by deduction from amounts otherwise due
such person, persons, or corporations, on and
after June 20, 1938, shall be credited in each case
to the appropriation that bore the cost of pur-
chase, repair, or replacement of the lost, stolen,
or damaged property.
(June 20, 1938, ch. 535, § 4, 52 Stat. 805; July 26,
1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
Editorial Notes
CODIFICATION
Section is also set out as section 571 of this title.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Department of War designated Department of the
Army and title of Secretary of War changed to Sec-
retary of the Army by section 205(a) of act July 26, 1947,
ch. 343, title II, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en-
acted ‘‘Title 10, Armed Forces’’ which in
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 701n
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