43 U.S.C. § 390d — Dams and reservoirs wherein costs there-

Page 99 TITLE 43—PUBLIC LANDS § 390e in accordance with subsection (a) for such a Federal reservoir project. (B) Federal reservoir projects described A Federal reservoir project referred to in subparagraph (A) is a reservoir for which the Secretary is authorized to prescribe regula- tions for the use of storage allocated for flood control or navigation pursuant to sec- tion 709 of title 33. (j) Assistance On request by a non-Federal interest, the Sec- retary may provide technical assistance in the development or implementation of a proposal under subsection (a), including assistance in ob- taining necessary permits for construction, if the non-Federal interest contracts with the Sec- retary to pay all costs of providing the technical assistance. (k) Exclusion This section shall not apply to reservoirs in— (1) the Upper Missouri River; (2) the Apalachicola-Chattahoochee-Flint river system; (3) the Alabama-Coosa-Tallapoosa river sys- tem; and (4) the Stones River. (l) Effect of section Nothing in this section affects or modifies any authority of the Secretary to review or modify reservoirs. (Pub. L. 114–322, title I, § 1118, Dec. 16, 2016, 130 Stat. 1640; Pub. L. 116–260, div. AA, title I, § 162, Dec. 27, 2020, 134 Stat. 2667; Pub. L. 118–272, div. A, title I, § 1165, Jan. 4, 2025, 138 Stat. 3049.) Editorial Notes AMENDMENTS 2025—Subsec. (i)(2). Pub. L. 118–272 added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: ‘‘The Secretary is authorized to receive and expend funds from a non-Federal interest to formu- late, review, or revise operational documents, pursuant to a proposal submitted in accordance subsection (a), for any reservoir for which the Secretary is authorized to prescribe regulations for the use of storage allocated for flood control or navigation pursuant to section 709 of title 33.’’ 2020—Subsec. (i). Pub. L. 116–260 designated existing provisions as par. (1), inserted heading, and added par. (2). Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 1002 of Pub. L. 114–322, set out as a note under sec- tion 2201 of Title 33, Navigation and Navigable Waters. § 390c. Water reservoirs; interests of States and local agencies in storage space Cognizant that many States and local inter- ests have in the past contributed to the Govern- ment, or have contracted to pay to the Govern- ment over a specified period of years, money equivalent to the cost of providing for them water storage space at Government-owned dams and reservoirs, constructed by the Corps of Engi- neers of the United States Army, and that such practices will continue, and, that no law defines the duration of their interest in such storage space, and realizing that such States and local interests assume the obligation of paying sub- stantially their portion of the cost of providing such facilities, their right to use may be contin- ued during the existence of the facility as here- inafter provided. (Pub. L. 88–140, § 1, Oct. 16, 1963, 77 Stat. 249.) § 390d. Dams and reservoirs wherein costs there- of, or rights thereto, have been acquired by local interests Sections 390c to 390f of this title are applicable to all dams and reservoirs heretofore or here- after constructed by the United States Govern- ment (acting through the Corps of Engineers of the United States Army) wherein either a part of the construction cost thereof shall have been contributed or may be contributed by States or local interests (hereinafter called ‘‘local inter- ests’’) or local interests have acquired or may acquire rights to utilize certain storage space thereof by making payments during the period of such use as specified in the agreement with the Government and wherein the amount of money paid, exclusive of interest, is equivalent to the cost of providing that part of such dam and reservoir which is allocated to such use, whether such share of cost shall have been de- termined by the ‘‘incremental cost’’ method or by the ‘‘separable costs-remaining benefits’’ method or by any other method. Included among the dams and reservoirs affected by sections 390c to 390f of this title are those constructed by the Corps of Engineers of the Department of the Army, but nothing in sections 390c to 390f of this title shall be construed to affect or modify sec- tion 390 of this title. (Pub. L. 88–140, § 2, Oct. 16, 1963, 77 Stat. 249.) § 390e. Rights, acquisition and availability of; ob- ligation for operation and maintenance; costs for reconstruction, rehabilitation, or replace- ment; use during Government operation or by contract The right thus acquired by any such local in- terest is declared to be available to the local in- terest so long as the space designated for that purpose may be physically available, taking into account such equitable reallocation of reservoir storage capacities among the purposes served by the project as may be necessary due to sedi- mentation, and not limited to the term of years which may be prescribed in any lease agreement or other agreement with the Government, but the enjoyment of such right will remain subject to performance of its obligations prescribed in such lease agreement or agreement executed in reference thereto. Such obligations will include continued payment of annual operation and maintenance costs allocated to water supply. In addition, local interests shall bear the costs al- located to the water supply of any necessary re- construction, rehabilitation, or replacement of project features which may be required to con- tinue satisfactory operation of the project. Any affected local interest may utilize such facility so long as it is operated by the Government. In