§ 508. — Costs incurred in the modification of structures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC508]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER XI-A--RECLAMATION SAFETY OF DAMS
Sec. 508. Costs incurred in the modification of structures
(a) 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.
(b) 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.
(c) Reimbursable costs resulting from new hydrologic or seismic data or
changes in criteria
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, 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.
(1) 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.
(2) 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.
(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 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.
(d) 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.
(Pub. L. 95-578, Sec. 4, Nov. 2, 1978, 92 Stat. 2471; Pub. L. 98-404,
Sec. 1(1), (2), Aug. 28, 1984, 98 Stat. 1481; Pub. L. 106-377,
Sec. 1(a)(2) [title II], Oct. 27, 2000, 114 Stat. 1441, 1441A-67; Pub.
L. 107-117, div. B, Sec. 503(1), Jan. 10, 2002, 115 Stat. 2308.)
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, popularly known as the
Reclamation Act, and Acts amendatory thereof and supplementary thereto,
which are classified generally to this chapter. For complete
classification of act June 17, 1902, to the Code, see Short Title note
set out under section 371 of this title and Tables.
The Reclamation Safety of Dams Act Amendments of 1984, referred to
in subsec. (c) in provisions preceding par. (1), is Pub. L. 98-404, Aug.
28, 1984, 98 Stat. 1481, which amended this section and section 509 of
this title. For complete classification of this Act to the Code, see
Short Title of 1984 Amendment note set out under section 506 of this
title and Tables.
The Federal Water Project Recreation Act, referred to in subsec.
(c)(3), (4), is Pub. L. 89-72, July 9, 1965, 79 Stat. 213, as amended,
which is classified principally to part C (Sec. 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.
Amendments
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, Sec. 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, Sec. 1(2), added subsecs. (c) and
(d).
