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43 U.S.C. § 509 — Authorization of appropriations; report to Congress
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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Source file: Laws/federal/codes/united-states-code/title-43/section-509-authorization-of-appropriations-report-to-congress--4c52e945ea.md
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Source location: Title 43, Chapter 12, § 509; chapter-012-reclamation-and-irrigation-of-lands-by-federal-government.md
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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 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. For modification expenditures between $1,800,000 and $20,000,000 (October 1, 2015, price levels), the Secretary of the Interior shall, at least 30 days before the date on which the funds are expended, submit written notice of the expenditures to the Committee on Natural Resources of the House of Representatives and Committee on Energy and Natural Resources of the Senate that provides a summary of the project, the cost of the project, and any alternatives that were considered.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 508
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice of modification** On identifying a Bureau of Reclamation facility for modification, the Secretary shall provide to the project beneficiaries written notice—
(1) describing the need for the modification and the process for identifying and implementing the modification; and
(2) summarizing the administrative and legal requirements relating to the modification.
**(b) Consultation** The Secretary shall—
(1) provide project beneficiaries an opportunity to consult with the Bureau of Reclamation on the planning, design, and construction of the proposed modification; and
(2) in consultation with project beneficiaries, develop and provide timeframes for the consultation described in paragraph (1).
**(c) Alternatives**
(1) Prior to submitting the reports required under [section 509 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section509&num=0&edition=prelim), the Secretary shall consider any alternative submitted in writing, in accordance with the timeframes established under subsection (b), by a project beneficiary that has elected to consult with the Bureau of Reclamation on a modification.
(2) The Secretary shall provide to the project beneficiary a timely written response describing proposed actions, if any, to address the recommendation.
(3) The response of the Secretary shall be included in the reports required by [section 509 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section509&num=0&edition=prelim).
**(d) Waiver** The Secretary may waive 1 or more of the requirements of subsections (a), (b), and (c), if the Secretary determines that implementation of the requirement could have an adverse impact on dam safety or security.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 509a
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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
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