43 U.S.C. § 509b — Additional project benefits through the

Page 182 TITLE 43—PUBLIC LANDS § 509a Pub. L. 106–377, § 1(a)(2) [title II], Oct. 27, 2000, 114 Stat. 1441, 1441A–67; Pub. L. 107–117, div. B, § 503(2), Jan. 10, 2002, 115 Stat. 2308; Pub. L. 108–439, § 1(b), Dec. 3, 2004, 118 Stat. 2627; Pub. L. 114–113, div. D, title II, § 204, Dec. 18, 2015, 129 Stat. 2406.) Editorial Notes AMENDMENTS 2015—Pub. L. 114–113, § 204(b), in proviso, substituted ‘‘$20,000,000’’ for ‘‘$1,250,000’’ and ‘‘Committee on Nat- ural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate’’ for ‘‘Congress’’ and inserted at end ‘‘For modi- fication expenditures between $1,800,000 and $20,000,000 (October 1, 2015, price levels), the Secretary of the Inte- rior shall, at least 30 days before the date on which the funds are expended, submit written notice of the ex- penditures 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. 114–113, § 204(a), which directed insertion of ‘‘and effective October 1, 2015, not to exceed an addi- tional $1,100,000,000 (October 1, 2003, price levels),’’ after ‘‘(October 1, 2003, price levels),’’ in first sentence, was executed by making the insertion after ‘‘(October 1, 2003, price levels),’’ first time appearing to reflect the probable intent of Congress. 2004—Pub. L. 108–439 inserted ‘‘and, effective October 1, 2003, not to exceed an additional $540,000,000 (October 1, 2003, price levels),’’ after ‘‘(October 1, 2001, price lev- els),’’ and substituted ‘‘$1,250,000 (October 1, 2003, price levels), as adjusted to reflect any ordinary fluctuations in construction costs indicated by applicable engineer- ing cost indexes,’’ for ‘‘$750,000’’. 2002—Pub. L. 107–117 inserted ‘‘and, effective October 1, 2001, not to exceed an additional $32,000,000 (October 1, 2001, price levels),’’ after ‘‘(October 1, 2000, price lev- els),’’. 2000—Pub. L. 106–377 inserted ‘‘and, effective October 1, 2000, not to exceed an additional $95,000,000 (October 1, 2000, price levels),’’ after ‘‘(October 1, 1983, price lev- els),’’ and substituted ‘‘30 calendar days’’ for ‘‘sixty days (which sixty days shall not include days on which either the House of Representatives or the Senate is not in session because of an adjournment of more than three calendar days to a day certain)’’. 1984—Pub. L. 98–404 substituted ‘‘and, effective Octo- ber 1, 1983, not to exceed an additional $650,000,000 (Oc- tober 1, 1983, price levels), plus or minus such amounts, if any, as may be justified by reason of ordinary fluc- tuations in construction costs as indicated by engineer- ing cost indexes applicable to the types of construction involved herein, to carry out the provisions of this sub- chapter to remain available until expended if so pro- vided by the appropriations Act: Provided, That no funds exceeding $750,000’’ for ‘‘, but not to exceed $100,000,000, to carry out the provisions of this sub- chapter of this title to remain available until expended if so provided by the appropriations Act: Provided, That no funds’’. § 509a. Project beneficiaries (a) Notice of modification On identifying a Bureau of Reclamation facil- ity 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 imple- menting the modification; and (2) summarizing the administrative and legal requirements relating to the modifica- tion. (b) Consultation The Secretary shall— (1) provide project beneficiaries an oppor- tunity to consult with the Bureau of Reclama- tion on the planning, design, and construction of the proposed modification; and (2) in consultation with project bene- ficiaries, 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, the Secretary shall consider any alternative submitted in writing, in accordance with the timeframes es- tablished under subsection (b), by a project ben- eficiary that has elected to consult with the Bu- reau 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 rec- ommendation. (3) The response of the Secretary shall be in- cluded in the reports required by section 509 of this title. (d) Waiver The Secretary may waive 1 or more of the re- quirements 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. (Pub. L. 95–578, § 5A, as added Pub. L. 108–439, § 2(b), Dec. 3, 2004, 118 Stat. 2627.) § 509b. Additional project benefits through the construction of new or supplementary works Notwithstanding section 507 of this title, if the Secretary, in her judgment, determines that ad- ditional project benefits, including but not lim- ited to additional conservation storage capacity, are necessary and in the interests of the United States and the project and are feasible and not inconsistent with the purposes of this sub- chapter, the Secretary is authorized to develop additional project benefits through the con- struction of new or supplementary works on a project in conjunction with the Secretary’s ac- tivities under section 506 of this title and sub- ject to the conditions described in the feasibility study, provided a cost share agreement related to the additional project benefits is reached among non-Federal and Federal funding partici- pants and the costs associated with developing the additional project benefits are allocated ex- clusively among beneficiaries of the additional project benefits and repaid consistent with all provisions of Federal Reclamation law (the Act of June 17, 1902, 43 U.S.C. 371 et seq.) and acts supplemental to and amendatory of that Act. (Pub. L. 95–578, § 5B, as added Pub. L. 114–113, div. D, title II, § 203(2), Dec. 18, 2015, 129 Stat. 2406.) Editorial Notes REFERENCES IN TEXT Act of June 17, 1902, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally 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. Page 183 TITLE 43—PUBLIC LANDS § 510a 1 So in original. Probably should be another closing paren- thesis before the final period. 2 So in original. Probably should be ‘‘means’’. SUBCHAPTER XI–B—AGING INFRASTRUCTURE § 510. Definitions In this subchapter: (1) Inspection The term ‘‘inspection’’ means an inspection of a project facility carried out by the Sec- retary— (A) to assess and determine the general condition of the project facility; and (B) to estimate the value of property, and the size of the population, that would be at risk if the project facility fails, is breached, or otherwise allows flooding to occur. (2) Project facility The term ‘‘project facility’’ means any part or incidental feature of a project, excluding high- and significant-hazard dams, con- structed under the Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amend- atory of that Act (43 U.S.C. 371 et seq.) 1. (3) Reserved works The term ‘‘reserved works’’ mean 2 any project facility at which the Secretary carries out the operation and maintenance of the project facility. (4) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the Commis- sioner of Reclamation. (5) Transferred works The term ‘‘transferred works’’ means a project facility, the operation and mainte- nance of which is carried out by a non-Federal entity, under the provisions of a formal oper- ation and maintenance transfer contract. (6) Transferred works operating entity The term ‘‘transferred works operating enti- ty’’ means the organization which is contrac- tually responsible for operation and mainte- nance of transferred works. (7) Extraordinary operation and maintenance work The term ‘‘extraordinary operation and maintenance work’’ means major, non- recurring maintenance to Reclamation-owned or operated facilities, or facility components, that is— (A) intended to ensure the continued safe, dependable, and reliable delivery of author- ized project benefits; and (B) greater than 10 percent of the contrac- tor’s or the transferred works operating en- tity’s annual operation and maintenance budget for the facility, or greater than $100,000. (Pub. L. 111–11, title IX, § 9601, Mar. 30, 2009, 123 Stat. 1346.) Editorial Notes REFERENCES IN TEXT Act of June 17, 1902 (32 Stat. 388, chapter 1093), re- ferred to in par. (2), is popularly known as the Rec- lamation Act and is classified generally to chapter 12 (§ 371 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables. § 510a. Guidelines and inspection of project fa- cilities and technical assistance to trans- ferred works operating entities (a) Guidelines and inspections (1) Development of guidelines Not later than 1 year after March 30, 2009, the Secretary in consultation with transferred works operating entities shall develop, con- sistent with existing transfer contracts, spe- cific inspection guidelines for project facilities which are in proximity to urbanized areas and which could pose a risk to public safety or property damage if such project facilities were to fail. (2) Conduct of inspections Not later than 3 years after March 30, 2009, the Secretary shall conduct inspections of those project facilities, which are in proximity to urbanized areas and which could pose a risk to public safety or property damage if such fa- cilities were to fail, using such specific inspec- tion guidelines and criteria developed pursu- ant to paragraph (1). In selecting project fa- cilities to inspect, the Secretary shall take into account the potential magnitude of public safety and economic damage posed by each project facility. (3) Treatment of costs The costs incurred by the Secretary in con- ducting these inspections shall be non- reimbursable. (b) Use of inspection data The Secretary shall use the data collected through the conduct of the inspections under subsection (a)(2) to— (1) provide recommendations to the trans- ferred works operating entities for improve- ment of operation and maintenance processes, operating procedures including operation guidelines consistent with existing transfer contracts, and structural modifications to those transferred works; (2) determine an appropriate inspection fre- quency for such nondam project facilities which shall not exceed 6 years; and (3) provide, upon request of transferred work operating entities, local governments, or State agencies, information regarding poten- tial hazards posed by existing or proposed resi- dential, commercial, industrial or public-use development adjacent to project facilities. (c) Technical assistance to transferred works op- erating entities (1) Authority of Secretary to provide technical assistance The Secretary is authorized, at the request of a transferred works operating entity in proximity to an urbanized area, to provide