§ 467n. — Recovery of dam modification costs required for safety purposes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC467n]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER VII--DAM INSPECTION PROGRAM
Sec. 467n. Recovery of dam modification costs required for
safety purposes
(a) After November 17, 1986, costs incurred in the modification by
the Secretary of dams and related facilities constructed or operated by
the Secretary, the cause of which results from new hydrologic or seismic
data or changes in state-of-the-art design or construction criteria
deemed necessary for safety purposes, shall be recovered in accordance
with the provisions in this subsection:
(1) Fifteen percent of the modification costs shall be assigned
to project purposes in accordance with the cost allocation in effect
for the project at the time the work is initiated. Non-Federal
interests shall share the costs assigned to each purpose in accord
with the cost sharing in effect at the time of initial project
construction: Provided, That the Secretary of the Interior shall
recover costs assigned to irrigation in accordance with repayment
provisions of Public Law 98-404.
(2) Repayment under this subsection, with the exception of costs
assigned to irrigation, may be made, with interest, over a period of
not more than thirty years from the date of completion of the work.
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
reimbursable period during the month preceding the fiscal year in
which the costs are incurred, plus a premium of one-eighth of one
percentage point for transaction costs. 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.
(b) Nothing in this section affects the authority of the Secretary
to perform work pursuant to Public Law 84-99, as amended (33 U.S.C.
701n) or cost sharing for such work.
(Pub. L. 99-662, title XII, Sec. 1203, Nov. 17, 1986, 100 Stat. 4263.)
References in Text
Public Law 98-404, referred to in subsec. (a)(1), is Pub. L. 98-404,
Aug. 28, 1984, 98 Stat. 1481, known as The Reclamation Safety of Dams
Act Amendments of 1984, which amended sections 508 and 509 of Title 43,
Public Lands. For complete classification of this Act to the Code, see
Short Title of 1984 Amendment note set out under section 506 of Title 43
and Tables.
Public Law 84-99, referred to in subsec. (b), is act June 28, 1955,
ch. 194, 69 Stat. 186, which amended section 701n of this title.
Codification
Section was enacted as part of the Dam Safety Act of 1986, and also
as part of the Water Resources Development Act of 1986, and not as part
of Pub. L. 92-367 which comprises this subchapter.
``Secretary'' Defined
Secretary means the Secretary of the Army, see section 2201 of this
title.
