33 U.S.C. § 467n — Recovery of dam modification costs re-

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. 109–460, § 1(d)(3), substituted ‘‘$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’’ for ‘‘$1,500,000 for each of fiscal years 2003 through 2006’’. Subsec. (d). Pub. L. 109–460, § 1(d)(4), substituted ‘‘$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’’ for ‘‘$500,000 for each of fiscal years 2003 through 2006’’. Subsec. (e). Pub. L. 109–460, § 1(d)(5), substituted ‘‘$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’’ for ‘‘$600,000 for each of fiscal years 2003 through 2006’’. 2002—Subsec. (a)(1). Pub. L. 107–310, § 7(a)(2), sub- stituted ‘‘$6,000,000 for each of fiscal years 2003 through 2006, to remain available until expended’’ for ‘‘$1,000,000 for fiscal year 1998, $2,000,000 for fiscal year 1999, $4,000,000 for fiscal year 2000, $4,000,000 for fiscal year 2001, and $4,000,000 for fiscal year 2002’’. Pub. L. 107–310, § 7(a)(1), made technical amendment to reference in original act which appears in text as reference to section 467h of this title. Subsec. (a)(2)(A)(i), (ii). Pub. L. 107–310, § 7(b)(1), sub- stituted ‘‘section 467f(e)’’ for ‘‘section 467f(f)’’. Subsec. (a)(2)(C). Pub. L. 107–310, § 7(b)(2), struck out ‘‘needing primary assistance and States needing ad- vanced assistance under section 467f(f) of this title’’ be- fore period at end. Subsecs. (c) to (e). Pub. L. 107–310, § 7(c), added sub- secs. (c) to (e) and struck out former subsecs. (c) to (e) which authorized appropriations for fiscal years 1998 through 2002 for dam safety training, research, and staff. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Administrator of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Do- mestic Security, and the Department of Homeland Se- curity Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. §§ 467k to 467m. Repealed. Pub. L. 104–303, title II, § 215(c)(2), Oct. 12, 1996, 110 Stat. 3685 Section 467k, Pub. L. 92–367, § 12, as added Pub. L. 99–662, title XII, § 1201(b), Nov. 17, 1986, 100 Stat. 4262; amended Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 102–580, title II, § 209(c), Oct. 31, 1992, 106 Stat. 4830, related to development of improved dam inspection techniques. Section 467l, Pub. L. 92–367, § 13, as added Pub. L. 99–662, title XII, § 1201(b), Nov. 17, 1986, 100 Stat. 4262; amended Pub. L. 102–580, title II, § 209(d), Oct. 31, 1992, 106 Stat. 4830, related to dam inventory updates. Section 467m, Pub. L. 92–367, § 14, as added Pub. L. 99–662, title XII, § 1201(b), Nov. 17, 1986, 100 Stat. 4263, provided that inspection funds were not to be used for repair or construction of any dam. § 467n. Recovery of dam modification costs re- quired for safety purposes (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 ac- cordance with the cost allocation in effect for the project at the time the work is initiated. Non-Federal interests shall share the costs as- signed 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 ir- rigation in accordance with repayment provi- sions 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 obli- gations of the United States with remaining periods to maturity comparable to the appli- cable 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 sen- tence, the Secretary of the Treasury shall es- tablish an interest rate at the weighted aver- age of the rates so determined. (b) Nothing in this section affects the author- ity of the Secretary to perform work pursuant to Public Law 84–99, as amended (33 U.S.C. 701n) or cost sharing for such work. (Pub. L. 99–662, title XII, § 1203, Nov. 17, 1986, 100 Stat. 4263.) Page 99 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 476 Editorial Notes REFERENCES IN TEXT Public Law 98–404, referred to in subsec. (a)(1), is Pub. L. 98–404, Aug. 28, 1984, 98 Stat. 1481, known as The Rec- lamation Safety of Dams Act Amendments of 1984, which amended sections 508 and 509 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 506 of Title 43 and Tables. Public Law 84–99, referred to in subsec. (b), is act June 28, 1955, ch. 194, 69 Stat. 186, which amended sec- tion 701n of this title. CODIFICATION Section was enacted as part of the Dam Safety Act of 1986, and also as part of the Water Resources Develop- ment Act of 1986, and not as part of the National Dam Safety Program Act which comprises this subchapter. Statutory Notes and Related Subsidiaries DAM SAFETY REPAIR PROJECTS Pub. L. 114–322, title I, § 1139, Dec. 16, 2016, 130 Stat. 1658, provided that: ‘‘The Secretary [of the Army] shall issue guidance— ‘‘(1) on the types of circumstances under which the requirement in section 1203(a) of the Water Resources Development Act of 1986 (33 U.S.C. 467n(a)) relating to state-of-the-art design or construction criteria deemed necessary for safety purposes applies to a dam safety repair project; ‘‘(2) to assist district offices of the Corps of Engi- neers in communicating with non-Federal interests when entering into and implementing cost-sharing agreements for dam safety repair projects; and ‘‘(3) to assist the Corps of Engineers in commu- nicating with non-Federal interests concerning the estimated and final cost-share responsibilities of the non-Federal interests under agreements for dam safe- ty repair projects.’’ ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2201 of this title. § 467o. Repealed. Pub. L. 118–272, div. A, title I, § 1132(e), Jan. 4, 2025, 138 Stat. 3024 Section, Pub. L. 92–367, § 15, as added Pub. L. 117–263, div. H, title LXXXI, § 8122, Dec. 23, 2022, 136 Stat. 3713, related to national low-head dam inventory. See sec- tion 467d of this title. CHAPTER 10—ANCHORAGE GROUNDS AND HARBOR REGULATIONS GENERALLY Sec. 471, 472. Transferred. 473, 474. Repealed. 475. Regulations for Pearl Harbor, Hawaii. 476. Restrictions on tanker traffic in Puget Sound and adjacent waters. § 471. Transferred Editorial Notes CODIFICATION Section, act Mar. 4, 1915, ch. 142, § 7, 38 Stat. 1053; Aug. 4, 1949, ch. 393, §§ 1, 20, 63 Stat. 496, 561; Pub. L. 89–670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938; Pub. L. 97–449, § 2(d)(1), Jan. 12, 1983, 96 Stat. 2440; Pub. L. 109–241, title IX, § 902(j), July 11, 2006, 120 Stat. 568; Pub. L. 111–281, title III, § 301, Oct. 15, 2010, 124 Stat. 2923, was redesig- nated and transferred to section 70006 of Title 46, Ship- ping, by Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8501(a)(6), Jan. 1, 2021, 134 Stat. 4745. § 472. Transferred Editorial Notes CODIFICATION Section, act Sept. 15, 1922, ch. 313, 42 Stat. 844, which related to marking of anchorage grounds by the Com- missioner of Lighthouses, was transferred to the end of subchapter III of chapter 5 of Title 14, Coast Guard, and redesignated as section 548 of that title by Pub. L. 117–263, div. K, title CXVIII, § 11808(c), Dec. 23, 2022, 136 Stat. 4166. § 473. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 637 Section, act Mar. 2, 1895, ch. 172, § 2, 28 Stat. 740, pro- vided that the powers and authority conferred upon the harbor master, District of Columbia, may in his ab- sence or disability be exercised by the pilot of the har- bor police boat. § 474. Repealed. Pub. L. 117–263, div. K, title CXVIII, § 11808(a)(1), Dec. 23, 2022, 136 Stat. 4165 Section, act Mar. 6, 1896, ch. 49, §§ 1–3, 29 Stat. 54, 55; Apr. 26, 1906, ch. 1874, §§ 1, 2, 34 Stat. 136; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Aug. 4, 1949, ch. 393, §§ 1, 20, 63 Stat. 496, 561; Pub. L. 89–670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938, related to anchorage and gen- eral regulations for St. Marys River. § 475. Regulations for Pearl Harbor, Hawaii For the proper control, protection, and defense of the naval station, harbor, and entrance chan- nel at Pearl Harbor, Territory of Hawaii, the Secretary of the Navy is authorized, empowered, and directed to adopt and prescribe suitable rules and regulations governing the navigation, movement, and anchorage of vessels of whatso- ever character in the waters of Pearl Harbor, is- land of Oahu, Hawaiian Islands, and in the en- trance channel to said harbor, and to take all necessary measures for the proper enforcement of such rules and regulations. (Aug. 22, 1912, ch. 335, 37 Stat. 341.) Editorial Notes CODIFICATION Section is from the Naval Appropriation Act for 1913. Executive Documents ADMISSION OF HAWAII AS STATE Admission of Hawaii into the Union was accom- plished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding section 491 of Title 48, Terri- tories and Insular Possessions. § 476. Restrictions on tanker traffic in Puget Sound and adjacent waters (a) The Congress finds that— (1) the navigable waters of Puget Sound in the State of Washington, and the natural re- sources therein, are a fragile and important national asset; (2) Puget Sound and the shore area imme- diately adjacent thereto is threatened by in- creased domestic and international traffic of