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Title 43 — Public Lands

Chapter 12 — Reclamation and Irrigation of Lands by Federal Government

§ 509. Authorization of appropriations; report to Congress

Statutory text

There are hereby authorized to be appropriated for fiscal year 1979 and ensuing fiscal years such sums as may be necessary and, effective , not to exceed an additional $650,000,000 (, price levels), and, effective , not to exceed an additional $95,000,000 (, price levels), and, effective , not to exceed an additional $32,000,000 (, price levels), and, effective , not to exceed an additional $540,000,000 (, price levels), and effective , not to exceed an additional $1,100,000,000 (, 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 exceeding $20,000,000 (, price levels), as adjusted to reflect any ordinary fluctuations in construction costs indicated by applicable engineering 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 existing dam to the Committee on Natural Resources 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 modification, the corrective action deemed to be required, alternative solutions to structural modification that were considered, the estimated cost of needed modifications, and environmental impacts if any resulting from the implementation of the recommended plan of modification. For modification expenditures between $1,800,000 and $20,000,000 (, 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.

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.

  1. Reclamation Safety of Dams Act of 1978

    Pub. L. 95–578 § 5 · 92 Stat. 2471

    Enacted · 43 U.S.C. § 509

    Pub. L. 95–578, § 5, Nov. 2, 1978, 92 Stat. 2471

    Source evidence

    Code source credit
    Pub. L. 95–578, § 5, Nov. 2, 1978, 92 Stat. 2471

    Enacted provision · exact public law section
    Sec. 5. There are hereby authorized to be appropriated for fiscal Appropriation authorization. 43 USC 509. year 1979 and ensuing fiscal years such sums as may be necessary, but not to exceed $100,000,000, to carry out the provisions of this Act to remain available until expended if so provided by the appropriations Act: Provided, That no funds shall be obligated for carrying out Report to Congress. actual construction to modify an existing dam under authority of this Act prior to 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) from the date that the Secretary has transmitted a report on such existing dam to the Congress. 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 modification, the corrective action deemed to be required, alternative solutions to structural modification that were considered, the estimated cost of needed modifications, and environmental impacts if any resulting from the implementation of the recommended plan of modification.

  2. The Reclamation Safety of Dams Act Amendments of 1984

    Pub. L. 98–404 § 1(3) · 98 Stat. 1481

    Substituted · 43 U.S.C. § 509

    Pub. L. 98–404 substituted “and, effective October 1, 1983, not to exceed an additional $650,000,000 (October 1, 1983, 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 exceeding $750,000” for “, but not to exceed $100,000,000, to carry out the provisions of this subchapter of this title to remain available until expended if so provided by the appropriations Act: Provided, That no funds”

    Source evidence

    Code amendment note
    Pub. L. 98–404 substituted “and, effective October 1, 1983, not to exceed an additional $650,000,000 (October 1, 1983, 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 exceeding $750,000” for “, but not to exceed $100,000,000, to carry out the provisions of this subchapter of this title to remain available until expended if so provided by the appropriations Act: Provided, That no funds”.

    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”.

  3. Pub. L. 106–377 § 1(a)(2)(tII) · 114 Stat. 1441

    1. Inserted · 43 U.S.C. § 509

      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 levels),”

    2. Substituted · 43 U.S.C. § 509

      Pub. L. 106–377 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)”

    Source evidence

    Code amendment note
    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 levels),” 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)”.

    Enacted provision · exact public law section
    (2) H.R. 5483, as introduced on October 18, 2000.

  4. Pub. L. 107–117 div. B § 503(2) · 115 Stat. 2230

    Inserted · 43 U.S.C. § 509

    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 levels),”

    Source evidence

    Code amendment note
    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 levels),”.

    Enacted provision · exact public law section
    (2) by inserting in section 5 after “levels),” and before “plus” the following: “and, effective October 1, 2001, not to exceed an additional $32,000,000 (October 1, 2001, price levels),”.

  5. Pub. L. 108–439 § 1(b) · 118 Stat. 2627

    1. Inserted · 43 U.S.C. § 509

      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 levels),”

    2. Substituted · 43 U.S.C. § 509

      Pub. L. 108–439 substituted “$1,250,000 (October 1, 2003, price levels), as adjusted to reflect any ordinary fluctuations in construction costs indicated by applicable engineering cost indexes,” for “$750,000”

    Source evidence

    Code amendment note
    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 levels),” and substituted “$1,250,000 (October 1, 2003, price levels), as adjusted to reflect any ordinary fluctuations in construction costs indicated by applicable engineering cost indexes,” for “$750,000”.

    Enacted provision · exact public law section
    (b) Authorization of Appropriations.— Section 5 of the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 509) is amended in the first sentence— (1) by inserting “and, effective October 1, 2003, not to exceed an additional $540,000,000 (October 1, 2003, price levels),” after “(October 1, 2001, price levels),”; and (2) by striking “$750,000” and inserting “$1,250,000 (October 1, 2003, price levels), as adjusted to reflect any ordinary fluctuations in construction costs indicated by applicable engineering cost indexes,”.

  6. Department of Justice Appropriations Act, 2016

    Pub. L. 114–113 § 204(b) · 129 Stat. 2242

    1. Substituted · 43 U.S.C. § 509

      Pub. L. 114–113, § 204(b), in proviso, substituted “$20,000,000” for “$1,250,000”

    2. Substituted · 43 U.S.C. § 509

      Pub. L. 114–113, § 204(b), in proviso, substituted “Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate” for “Congress”

    3. Inserted · 43 U.S.C. § 509

      Pub. L. 114–113, § 204(b), in proviso, inserted at end “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.”

    Source evidence

    Code amendment note
    Pub. L. 114–113, § 204(b), in proviso, substituted “$20,000,000” for “$1,250,000” and “Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate” for “Congress” and inserted at end “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.”

    Enacted provision · exact public law section
    Sec. 204. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.

  7. Department of Justice Appropriations Act, 2016

    Pub. L. 114–113 § 204(a) · 129 Stat. 2242

    Changed · 43 U.S.C. § 509

    Pub. L. 114–113, § 204(a), which directed insertion of “and effective October 1, 2015, not to exceed an additional $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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 114–113, § 204(a), which directed insertion of “and effective October 1, 2015, not to exceed an additional $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.

    Enacted provision · exact public law section
    Sec. 204. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.

11 of 11 references resolved to an enrolled provision

Editorial Notes

Amendments1984–2015 · 5 rounds

2015

Pub. L. 114–113, § 204(b), in proviso, substituted “$20,000,000” for “$1,250,000” and “Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate” for “Congress” and inserted at end “For modification expenditures between $1,800,000 and $20,000,000 (, 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. 114–113, § 204(a), which directed insertion of “and effective , not to exceed an additional $1,100,000,000 (, price levels),” after “(, price levels),” in first sentence, was executed by making the insertion after “(, price levels),” first time appearing to reflect the probable intent of Congress.

2004

Pub. L. 108–439 inserted “and, effective , not to exceed an additional $540,000,000 (, price levels),” after “(, price levels),” and substituted “$1,250,000 (, price levels), as adjusted to reflect any ordinary fluctuations in construction costs indicated by applicable engineering cost indexes,” for “$750,000”.

2002

Pub. L. 107–117 inserted “and, effective , not to exceed an additional $32,000,000 (, price levels),” after “(, price levels),”.

2000

Pub. L. 106–377 inserted “and, effective , not to exceed an additional $95,000,000 (, price levels),” after “(, price levels),” 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 , not to exceed an additional $650,000,000 (, 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 exceeding $750,000” for “, but not to exceed $100,000,000, to carry out the provisions of this subchapter of this title to remain available until expended if so provided by the appropriations Act: Provided, That no funds”.

Credits

1978–2015 · 6 acts
  1. 1978Pub. L. 95–578, § 5, , 92 Stat. 2471
  2. 1984Pub. L. 98–404, § 1(3), , 98 Stat. 1482
  3. 2000Pub. L. 106–377, § 1(a)(2) [title II], , 114 Stat. 1441, 1441A–67
  4. 2002Pub. L. 107–117, div. B, § 503(2), , 115 Stat. 2308
  5. 2004Pub. L. 108–439, § 1(b), , 118 Stat. 2627
  6. 2015Pub. L. 114–113, div. D, title II, § 204, , 129 Stat. 2406.
Show as published

(Pub. L. 95–578, § 5, , 92 Stat. 2471; Pub. L. 98–404, § 1(3), , 98 Stat. 1482; Pub. L. 106–377, § 1(a)(2) [title II], , 114 Stat. 1441, 1441A–67; Pub. L. 107–117, div. B, § 503(2), , 115 Stat. 2308; Pub. L. 108–439, § 1(b), , 118 Stat. 2627; Pub. L. 114–113, div. D, title II, § 204, , 129 Stat. 2406.)

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USLM identifier /us/usc/t43/s509