43 U.S.C. § 509 — Authorization of appropriations; report to

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; 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.