43 U.S.C. § 509a — Project beneficiaries

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.