43 U.S.C. § 506 — Authority of Secretary to make modifica-

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