Title 43 — Public Lands
Chapter 12 — Reclamation and Irrigation of Lands by Federal Government
§ 508. Costs incurred in the modification of structures
Statutory text
Costs resulting from age and normal deterioration or lack of maintenance of structures
Costs heretofore or hereafter incurred in the modification of structures under this subchapter, the cause of which results from age and normal deterioration of the structure or from nonperformance of reasonable and normal maintenance of the structure by the operating entity shall be considered as project costs and will be allocated to the purposes for which the structure was authorized initially to be constructed and will be reimbursable as provided by existing law.
Nonreimbursable costs resulting from new hydrologic or seismic data or changes in criteria
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.
Reimbursement of certain modification costs
With respect to the additional amounts authorized to be appropriated by section 509 of this title, costs 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 reimbursed to the extent provided in this subsection.
Fifteen percent of such costs shall be allocated 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 maintenance charges.
Costs allocated to irrigation water service and capable of being repaid by the irrigation water users shall be reimbursed within 50 years of the year in which the work undertaken pursuant to this subchapter is substantially complete. Costs allocated to irrigation water service which are beyond the water users’ ability to pay shall be reimbursed in accordance with existing law.
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.].
Costs allocated to the purpose of municipal, industrial, and miscellaneous water service, 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 interest. The interest rate used shall be determined by the Secretary of the Treasury, taking into consideration average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the applicable reimbursement 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 sentence, the Secretary of the Treasury shall establish an interest rate at the weighted average of the rates so determined.
Contracts for return of costs
The Secretary is authorized to negotiate appropriate contracts with project beneficiaries providing for the return of reimbursable costs under this subchapter: Provided, however, That no contract entered into pursuant to this subchapter shall be deemed to be a new or amended contract for the purposes of section 390cc(a) of this title.
Cost containment; modification status
During the construction of the modification, the Secretary shall consider cost containment measures recommended by a project beneficiary that has elected to consult with the Bureau of Reclamation on a modification.
The Secretary shall provide to project beneficiaries on a periodic basis notice regarding the costs and status of the modification.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Reclamation Safety of Dams Act of 1978
Pub. L. 95–578 § 4 · 92 Stat. 2471
Enacted · 43 U.S.C. § 508
Pub. L. 95–578, § 4, Nov. 2, 1978, 92 Stat. 2471
Source evidence
Code source credit
Pub. L. 95–578, § 4, Nov. 2, 1978, 92 Stat. 2471Enacted provision · exact public law section
Sec. 4. (a) Costs heretofore or hereafter incurred in the modification 43 USC 508. of structures under this Act, the cause of which results from age and normal deterioration of the structure or from nonperformance of reasonable and normal maintenance of the structure by the operating entity shall be considered as project costs and will be allocated to the purposes for which the structure was authorized initially to be constructed and will be reimbursable as provided by existing law. (b) Costs heretofore or hereafter incurred in the modification of structures under this Act, 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.The Reclamation Safety of Dams Act Amendments of 1984
Pub. L. 98–404 § 1(1) · 98 Stat. 1481
Substituted · 43 U.S.C. § 508(b)
Pub. L. 98–404, § 1(1), substituted “With respect to the $100,000,000 authorized to be appropriated in the Reclamation Safety of Dams Act of 1978, costs” for “Costs”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 98–404, § 1(1), substituted “With respect to the $100,000,000 authorized to be appropriated in the Reclamation Safety of Dams Act of 1978, costs” for “Costs”.Enacted provision · exact public law section
(1) In subsection 4(b), strike “Costs” and insert the following in lieu thereof: “With respect to the $100,000,000 authorized to be appropriated in the Reclamation Safety of Dams Act of 1978, costs”.The Reclamation Safety of Dams Act Amendments of 1984
Pub. L. 98–404 § 1(2) · 98 Stat. 1481
Added · 43 U.S.C. § 508(c); 43 U.S.C. § 508(d)
Pub. L. 98–404, § 1(2), added subsecs. (c) and (d)
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 98–404, § 1(2), added subsecs. (c) and (d).Enacted provision · exact public law section
(1) In subsection 4(b), strike “Costs” and insert the following in lieu thereof: “With respect to the $100,000,000 authorized to be appropriated in the Reclamation Safety of Dams Act of 1978, costs”.Pub. L. 106–377 § 1(a)(2)(tII) · 114 Stat. 1441
Inserted · 43 U.S.C. § 508(c)
Pub. L. 106–377 inserted “and the additional $95,000,000 further authorized to be appropriated by amendments to that Act in 2000,” after “1984,” in introductory provisions
Source evidence
Code amendment note
Subsec. (c). Pub. L. 106–377 inserted “and the additional $95,000,000 further authorized to be appropriated by amendments to that Act in 2000,” after “1984,” in introductory provisions.Enacted provision · exact public law section
(2) H.R. 5483, as introduced on October 18, 2000.Pub. L. 107–117 div. B § 503(1) · 115 Stat. 2230
Inserted · 43 U.S.C. § 508(c)
Pub. L. 107–117 inserted “and the additional $32,000,000 further authorized to be appropriated by amendments to the Act in 2001,” after “2000,” in introductory provisions
Source evidence
Code amendment note
Subsec. (c). Pub. L. 107–117 inserted “and the additional $32,000,000 further authorized to be appropriated by amendments to the Act in 2001,” after “2000,” in introductory provisions.Enacted provision · exact public law section
(1) by inserting in section 4(c) after “2000,” and before “costs” the following: “and the additional $32,000,000 further authorized to be appropriated by amendments to the Act in 2001,”; andPub. L. 108–439 § 1(a) · 118 Stat. 2627
Inserted · 43 U.S.C. § 508(c)
Pub. L. 108–439, § 1(a), inserted “Reimbursement of certain modification costs” as heading
Substituted · 43 U.S.C. § 508(c)
Pub. L. 108–439, § 1(a), 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 Reclamation Safety of Dams Act Amendments of 1984, and the additional $95,000,000 further authorized to be appropriated by amendments to that Act in 2000, and the additional $32,000,000 further authorized to be appropriated by amendments to the Act in 2001” in introductory provisions
Source evidence
Code amendment note
Subsec. (c). Pub. L. 108–439, § 1(a), inserted “Reimbursement 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 Reclamation Safety of Dams Act Amendments of 1984, and the additional $95,000,000 further authorized to be appropriated by amendments to that Act in 2000, and the additional $32,000,000 further authorized to be appropriated by amendments to the Act in 2001” in introductory provisions.Enacted provision · exact public law section
(a) Reimbursement of Certain Modification Costs.— Section 4(c) of the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 508(c)) is amended by striking “(c) With respect to” and all that follows through “2001” and inserting the following: “(c) Reimbursement of Certain Modification Costs.— With respect to the additional amounts authorized to be appropriated by section 5” .Pub. L. 108–439 § 2(a) · 118 Stat. 2627
Added · 43 U.S.C. § 508(e)
Pub. L. 108–439, § 2(a), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 108–439, § 2(a), added subsec. (e).Enacted provision · exact public law section
(a) Cost Containment; Modification Status.— Section 4 of the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 508) is amended by adding at the end the following: “(e) (1) During the construction of the modification, the Secretary shall consider cost containment measures recommended by a project beneficiary that has elected to consult with the Bureau of Reclamation on a modification. “(2) Notice. The Secretary shall provide to project beneficiaries on a periodic basis notice regarding the costs and status of the modification.” .
8 of 8 references resolved to an enrolled provision
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 originally 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 , popularly known as the Reclamation Act, is classified generally to this chapter. For complete classification of act , 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, , 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.
Amendments1984–2004 · 4 rounds
2004
Subsec. (c). Pub. L. 108–439, § 1(a), inserted “Reimbursement 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 Reclamation Safety of Dams Act Amendments of 1984, and the additional $95,000,000 further authorized to be appropriated by amendments to that Act in 2000, and the additional $32,000,000 further authorized to be appropriated by amendments to the Act in 2001” in introductory provisions.
Subsec. (e). Pub. L. 108–439, § 2(a), added subsec. (e).
2002
Subsec. (c). Pub. L. 107–117 inserted “and the additional $32,000,000 further authorized to be appropriated by amendments to the Act in 2001,” after “2000,” in introductory provisions.
2000
Subsec. (c). Pub. L. 106–377 inserted “and the additional $95,000,000 further authorized to be appropriated 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 appropriated 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).
Credits
1978–2004 · 5 acts
- 1978Pub. L. 95–578, § 4, , 92 Stat. 2471
- 1984Pub. L. 98–404, § 1(1), (2), , 98 Stat. 1481
- 2000Pub. L. 106–377, § 1(a)(2) [title II], , 114 Stat. 1441, 1441A–67
- 2002Pub. L. 107–117, div. B, § 503(1), , 115 Stat. 2308
- 2004Pub. L. 108–439, §§ 1(a), 2(a), , 118 Stat. 2627.
Show as published
(Pub. L. 95–578, § 4, , 92 Stat. 2471; Pub. L. 98–404, § 1(1), (2), , 98 Stat. 1481; Pub. L. 106–377, § 1(a)(2) [title II], , 114 Stat. 1441, 1441A–67; Pub. L. 107–117, div. B, § 503(1), , 115 Stat. 2308; Pub. L. 108–439, §§ 1(a), 2(a), , 118 Stat. 2627.)