43 U.S.C. § 508 — Costs incurred in the modification of struc-

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 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 in- cluded within the scope of this Act.’’ § 507. Construction for dam safety Except as provided in section 509b of this title, construction authorized by this subchapter shall be for the purposes of dam safety and not for the specific purposes of providing additional con- servation storage capacity or of developing ben- efits over and above those provided by the origi- nal dams and reservoirs. Nothing in this sub- chapter shall be construed to reduce the amount of project costs allocated to reimbursable pur- poses heretofore authorized. (Pub. L. 95–578, § 3, Nov. 2, 1978, 92 Stat. 2471; Pub. L. 114–113, div. D, title II, § 203(1), Dec. 18, 2015, 129 Stat. 2406.) Editorial Notes AMENDMENTS 2015—Pub. L. 114–113 substituted ‘‘Except as provided in section 509b of this title, construction’’ for ‘‘Con- struction’’. § 508. Costs incurred in the modification of struc- tures (a) Costs resulting from age and normal deterio- ration or lack of maintenance of structures Costs heretofore or hereafter incurred in the modification of structures under this sub- chapter, the cause of which results from age and normal deterioration of the structure or from nonperformance of reasonable and normal main- tenance of the structure by the operating entity shall be considered as project costs and will be allocated to the purposes for which the struc- ture 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 cri- teria 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], 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 au- thorized to be appropriated by section 509 of this title, costs incurred in the modification of struc- tures under this subchapter, the cause of which results from new hydrologic or seismic data or changes in state-of-the-art criteria deemed nec- essary for safety purposes, shall be reimbursed to the extent provided in this subsection. (1) Fifteen percent of such costs shall be al- located 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 mainte- nance charges. (2) Costs allocated to irrigation water serv- ice and capable of being repaid by the irriga- tion water users shall be reimbursed within 50 years of the year in which the work under- taken pursuant to this subchapter is substan- tially complete. Costs allocated to irrigation water service which are beyond the water users’ ability to pay shall be reimbursed in ac- cordance 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. 460l–12 et seq.]. (4) Costs allocated to the purpose of munic- ipal, industrial, and miscellaneous water serv- ice, 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. 460l–12 et seq.], shall be repaid within 50 years with in- terest. The interest rate used shall be deter- mined by the Secretary of the Treasury, tak- ing into consideration average market yields on outstanding marketable obligations of the 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 title. See 1984 Amendment note set out under section 509 of this title. The Federal Reclamation law, referred to in subsec. (b), probably means act June 17, 1902, ch. 1093, 32 Stat. 388, and Acts amendatory thereof and supplementary thereto. See section 506 of this title. Act June 17, 1902, popularly known as the Reclamation Act, is classified generally to this chapter. For complete classification of act June 17, 1902, to the Code, see Short Title note set out under section 371 of this title and Tables. The Federal Water Project Recreation Act, referred to in subsec. (c)(3), (4), is Pub. L. 89–72, July 9, 1965, 79 Stat. 213, which is classified principally to part C (§ 460l–12 et seq.) of subchapter LXIX of chapter 1 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 460l–12 of Title 16 and Tables. AMENDMENTS 2004—Subsec. (c). Pub. L. 108–439, § 1(a), inserted ‘‘Re- imbursement of certain modification costs’’ as heading and substituted ‘‘With respect to the additional amounts authorized to be appropriated by section 509 of this title’’ for ‘‘With respect to the additional $650,000,000 authorized to be appropriated in The Rec- lamation Safety of Dams Act Amendments of 1984, and the additional $95,000,000 further authorized to be ap- propriated by amendments to that Act in 2000, and the additional $32,000,000 further authorized to be appro- priated by amendments to the Act in 2001’’ in introduc- tory provisions. Subsec. (e). Pub. L. 108–439, § 2(a), added subsec. (e). 2002—Subsec. (c). Pub. L. 107–117 inserted ‘‘and the ad- ditional $32,000,000 further authorized to be appro- priated by amendments to the Act in 2001,’’ after ‘‘2000,’’ in introductory provisions. 2000—Subsec. (c). Pub. L. 106–377 inserted ‘‘and the ad- ditional $95,000,000 further authorized to be appro- priated by amendments to that Act in 2000,’’ after ‘‘1984,’’ in introductory provisions. 1984—Subsec. (b). Pub. L. 98–404, § 1(1), substituted ‘‘With respect to the $100,000,000 authorized to be appro- priated in the Reclamation Safety of Dams Act of 1978, costs’’ for ‘‘Costs’’. Subsecs. (c), (d). Pub. L. 98–404, § 1(2), added subsecs. (c) and (d). § 509. Authorization of appropriations; report to Congress There are hereby authorized to be appro- priated for fiscal year 1979 and ensuing fiscal years such sums as may be necessary and, effec- tive October 1, 1983, not to exceed an additional $650,000,000 (October 1, 1983, price levels), and, ef- fective October 1, 2000, not to exceed an addi- tional $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 lev- els), 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 ex- ceed 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 ex- ceeding $20,000,000 (October 1, 2003, price levels), as adjusted to reflect any ordinary fluctuations in construction costs indicated by applicable en- gineering 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 ex- isting dam to the Committee on Natural Re- sources 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 modifica- tion, the corrective action deemed to be re- quired, alternative solutions to structural modi- fication that were considered, the estimated cost of needed modifications, and environmental impacts if any resulting from the implementa- tion 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. (Pub. L. 95–578, § 5, Nov. 2, 1978, 92 Stat. 2471; Pub. L. 98–404, § 1(3), Aug. 28, 1984, 98 Stat. 1482;