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.
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. 2471Enacted 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.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”.Pub. L. 106–377 § 1(a)(2)(tII) · 114 Stat. 1441
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),”
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.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),”.Pub. L. 108–439 § 1(b) · 118 Stat. 2627
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),”
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,”.Department of Justice Appropriations Act, 2016
Pub. L. 114–113 § 204(b) · 129 Stat. 2242
Substituted · 43 U.S.C. § 509
Pub. L. 114–113, § 204(b), in proviso, substituted “$20,000,000” for “$1,250,000”
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”
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.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
- 1978Pub. L. 95–578, § 5, , 92 Stat. 2471
- 1984Pub. L. 98–404, § 1(3), , 98 Stat. 1482
- 2000Pub. L. 106–377, § 1(a)(2) [title II], , 114 Stat. 1441, 1441A–67
- 2002Pub. L. 107–117, div. B, § 503(2), , 115 Stat. 2308
- 2004Pub. L. 108–439, § 1(b), , 118 Stat. 2627
- 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.)