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43 U.S.C. § 508 — Costs incurred in the modification of structures
Federal law — U.S. Code and appendices · legal_authorities
**(a) Costs resulting from age and normal deterioration or lack of maintenance of structures** Costs heretofore or hereafter incurred in the modification of structures under this subchapter, 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) Nonreimbursable costs resulting from new hydrologic or seismic data or changes in criteria** With respect to the $100,000,000 authorized to be appropriated in the Reclamation Safety of Dams Act of 1978 [[43 U.S.C. 509](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section509&num=0&edition=prelim)], costs heretofore or hereafter incurred in the modification of structures under this subchapter, 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 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 509 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section509&num=0&edition=prelim), costs incurred in the modification of structures under this subchapter, 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 t
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Source file: Laws/federal/codes/united-states-code/title-43/section-508-costs-incurred-in-the-modification-of-structures--e3393178e3.md
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Source location: Title 43, Chapter 12, § 508; chapter-012-reclamation-and-irrigation-of-lands-by-federal-government.md
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**(a) Costs resulting from age and normal deterioration or lack of maintenance of structures** Costs heretofore or hereafter incurred in the modification of structures under this subchapter, 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) Nonreimbursable costs resulting from new hydrologic or seismic data or changes in criteria** With respect to the $100,000,000 authorized to be appropriated in the Reclamation Safety of Dams Act of 1978 [[43 U.S.C. 509](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section509&num=0&edition=prelim)], costs heretofore or hereafter incurred in the modification of structures under this subchapter, 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 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 509 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section509&num=0&edition=prelim), costs incurred in the modification of structures under this subchapter, 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 subchapter 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 shall be reimbursed in accordance with the Federal Water Project Recreation Act (79 Stat. 213), as amended [[16 U.S.C. 460](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460&num=0&edition=prelim)l–12 et seq.].
(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 [[16 U.S.C. 460](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460&num=0&edition=prelim)l–12 et seq.], 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) Contracts for return of costs** The Secretary is authorized to negotiate appropriate contracts with project beneficiaries providing for the return of reimbursable costs under this subchapter: Provided, however, That no contract entered into pursuant to this subchapter shall be deemed to be a new or amended contract for the purposes of [section 390cc(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390cc/a&num=0&edition=prelim).
**(e) Cost containment; modification status**
(1) During the construction of the modification, the Secretary shall consider cost containment measures recommended by a project beneficiary that has elected to consult with the Bureau of Reclamation on a modification.
(2) The Secretary shall provide to project beneficiaries on a periodic basis notice regarding the costs and status of the modification.
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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).
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Federal law — U.S. Code and appendices · legal_authorities
All lands and easements heretofore and hereafter conveyed to the United States by the States of Mississippi, Alabama, and Tennessee for the right-of-way for the projected parkway between Natchez, Mississippi, and Nashville, Tennessee, together with sites acquired or to be acquired for recreational areas in connection therewith, and a right-of-way for said parkway of a width sufficient to include the highway and all bridges, ditches, cuts, and fills appurtenant thereto, but not exceeding a maximum of two hundred feet through Government-owned lands (except that where small parcels of Government-owned lands would otherwise be isolated, or where topographic conditions or scenic requirements are such that bridges, ditches, cuts, fills, parking overlooks, and landscape development could not reasonably be confined to a width of two hundred feet, the said maximum may be increased to such width as may be necessary, with the written approval of the department or agency having jurisdiction over such lands) as designated on maps heretofore or hereafter approved by the Secretary of the Interior, shall be known as the Natchez Trace Parkway and shall be administered and maintained by the Secretary of the Interior through the National Park Service, subject to the provisions of the Act of Congress approved August 25, 1916 (39 Stat. 535), entitled “An Act to establish a National Park Service, and for other purposes”,11 See References in Text note below. the provisions of which Act, as amended and supplemented, are extended over and made applicable to said parkway: Provided, That the Secretary of Agriculture is authorized, with the concurrence of the Secretary of the Interior, to connect with said parkway such roads and trails as may be necessary for the protection, administration, or uti
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Federal law — U.S. Code and appendices · legal_authorities
When used in sections 371, 376, 377, 412, 417, 433, 462, 466, 478, 493, 494, 500, 501, and 526 of this title—
**(a)** The word “Secretary” means the Secretary of the Interior.
**(b)** The words “reclamation law” mean the Act of June 17, 1902 (32 Stat. 388), and all Acts amendatory thereof or supplementary thereto.
**(c)** The words “reclamation fund” mean the fund provided by the reclamation law.
**(d)** The word “project” means a Federal irrigation project authorized by the reclamation law.
**(e)** The words “division of a project” mean a substantial irrigable area of a project designated as a division by order of the Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 371
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Federal law — U.S. Code and appendices · legal_authorities
There are hereby authorized to be appropriated for fiscal year 1979 and ensuing fiscal years such sums as may be necessary and, effective October 1, 1983, not to exceed an additional $650,000,000 (October 1, 1983, price levels), and, effective October 1, 2000, not to exceed an additional $95,000,000 (October 1, 2000, price levels), and, effective October 1, 2001, not to exceed an additional $32,000,000 (October 1, 2001, price levels), and, effective October 1, 2003, not to exceed an additional $540,000,000 (October 1, 2003, price levels), and effective October 1, 2015, not to exceed an additional $1,100,000,000 (October 1, 2003, 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 subchapter to remain available until expended if so provided by the appropriations Act: Provided, That no funds exceeding $20,000,000 (October 1, 2003, price levels), as adjusted to reflect any ordinary fluctuations in construction costs indicated by applicable engineering cost indexes, shall be obligated for carrying out actual construction to modify an existing dam under authority of this subchapter prior to 30 calendar days from the date that the Secretary has transmitted a report on such existing dam to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. 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 technica
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Federal law — U.S. Code and appendices · legal_authorities
Page 619
TITLE 16—CONSERVATION
§ 460
1 See References in Text note below.
CATOCTIN RECREATIONAL DEMONSTRATION AREA
Act Aug. 24, 1954, ch. 903, 68 Stat. 791, provided: ‘‘That
the Secretary of the Interior, for the purpose of con-
solidating Federal holdings of land acquired for the Ca-
toctin recreational demonstration area, Frederick
County, Maryland, is hereby empowered, in his discre-
tion, to obtain for the United States land and interests
in lands held in private ownership within the estab-
lished watersheds and boundaries of said recreational
demonstration area by accepting from the owners of
such privately owned land complete relinquishment
thereof, and the Secretary may grant to such owners in
exchange therefor, in each instance, federally owned
lands of approximately equal value now a part of the
Catoctin recreational demonstration area, that he con-
siders are not essential for the administration, control,
and operation of the aforesaid recreational demonstra-
tion area. Any land acquired by the United States pur-
suant to this authorization shall become a part of the
Catoctin recreational demonstration area upon the
vesting of title in the United States, and shall be sub-
ject to the laws applicable thereto.’’
§ 459t. Secretary of the Interior authorized to
execute deeds and leases for project lands;
inclusion of conditional covenants
The Secretary of the Interior is authorized to
execute on behalf of the United States all nec-
essary deeds and leases to effect the purposes of
sections 459r to 459t of this title. Every such
deed or lease shall contain the express condition
that the grantee or lessee shall use the property
exclusively for public park, recreational, and
conservation purposes, and the further express
condition that the Uni
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 460
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Federal law — U.S. Code and appendices · legal_authorities
Page 180
TITLE 43—PUBLIC LANDS
§ 506
SUBCHAPTER XI–A—RECLAMATION
SAFETY OF DAMS
§ 506. Authority of Secretary to make modifica-
tions
In order to preserve the structural safety of
Bureau of Reclamation dams and related facili-
ties 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).
(Pub. L. 95–578, § 2, Nov. 2, 1978, 92 Stat. 2471.)
Editorial Notes
REFERENCES IN TEXT
Act of June 17, 1902, referred to in text, is popularly
known as the Reclamation Act, which is classified gen-
erally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 371 of this title and Tables.
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 1984 AMENDMENT
Pub. L. 98–404, § 1, Aug. 28, 1984, 98 Stat. 1481, provided
in part: ‘‘That this Act [amending sections 508 and 509
of this title] may be cited as ‘The Reclamation Safety
of Dams Act Amendments of 1984’.’’
SHORT TITLE OF 1978 AMENDMENT
Pub. L. 95–578, § 1, Nov. 2, 1978, 92 Stat. 2471, provided:
‘‘That this Act [enacting this subchapter and amending
section 1511 of this title] shall be cited as the ‘Reclama-
tion Safety of Dams Act of 1978’.’’
FACILITIES INCLUDED WITHIN SCOPE OF RECLAMATION
SAFETY OF DAMS ACT OF 1978
Pub. L. 95–578, § 12, as added by Pub. L. 98–404, § 1(4),
Aug. 28, 1984, 98 Stat. 1482, provided that: ‘‘Included
within the scope of this Act [this subchapter] are Fish
Lake, Four Mile, Ochoco, Savage Rapids Diversion and
Warm Springs Dams, Oregon; Como Dam, Montana;
Little Wood River Dam, Idaho; and related fa
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 508
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Federal law — U.S. Code and appendices · legal_authorities
Page 181
TITLE 43—PUBLIC LANDS
§ 509
United States with remaining periods to ma-
turity comparable to the applicable reim-
bursement 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 sen-
tence, the Secretary of the Treasury shall es-
tablish an interest rate at the weighted aver-
age of the rates so determined.
(d) Contracts for return of costs
The Secretary is authorized to negotiate ap-
propriate contracts with project beneficiaries
providing for the return of reimbursable costs
under this subchapter: Provided, however, That
no contract entered into pursuant to this sub-
chapter shall be deemed to be a new or amended
contract for the purposes of section 390cc(a) of
this title.
(e) Cost containment; modification status
(1) During the construction of the modifica-
tion, the Secretary shall consider cost contain-
ment measures recommended by a project bene-
ficiary that has elected to consult with the Bu-
reau of Reclamation on a modification.
(2) The Secretary shall provide to project
beneficiaries on a periodic basis notice regard-
ing the costs and status of the modification.
(Pub. L. 95–578, § 4, Nov. 2, 1978, 92 Stat. 2471;
Pub. L. 98–404, § 1(1), (2), Aug. 28, 1984, 98 Stat.
1481; Pub. L. 106–377, § 1(a)(2) [title II], Oct. 27,
2000, 114 Stat. 1441, 1441A–67; Pub. L. 107–117, div.
B, § 503(1), Jan. 10, 2002, 115 Stat. 2308; Pub. L.
108–439, §§ 1(a), 2(a), Dec. 3, 2004, 118 Stat. 2627.)
Editorial Notes
REFERENCES IN TEXT
The $100,000,000 authorized to be appropriated in the
Reclamation Safety of Dams Act of 1978, referred to in
subsec. (b), probably refers to the authorization origi-
nally contained in section 509 of this t
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 509
Stored review status: historical_2024_not_currentness_verified. The source passage cites 43 U.S.C. § 509. This identifies an authority to review, not proof of applicability.