Title 43Public LandsRelease 119-73

§373e Bureau of Reclamation site security

Title 43 › Chapter CHAPTER 12— - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › Subchapter SUBCHAPTER I— - GENERAL PROVISIONS › § 373e

Last updated Apr 6, 2026|Official source

Summary

The Secretary of the Interior must not bill anyone for the cost of building, changing, or replacing physical fortifications at Bureau of Reclamation facilities put in place for security after September 11, 2001. The Secretary may, however, treat up to $18,900,000 per fiscal year (adjusted each year after fiscal year 2008 by the prior year’s Consumer Price Index) as reimbursable operation and maintenance costs for certain post‑September 11, 2001 security actions. Those reimbursable costs cover things like added guards and patrols, training, local and tribal law enforcement patrols, running and replacing guard equipment, and operating and maintaining fortifications. For the Central Valley Project of California, costs assigned to irrigation and municipal and industrial water service must be collected only through O&M water rates. Security costs at pre‑September 11, 2001 levels remain reimbursable. The Secretary may make rules with project beneficiaries to collect the reimbursable costs, but must give written notice explaining the need and the process and must summarize the related administrative and legal requirements. The Secretary must let beneficiaries consult on planning, design, and construction and must set consultation timeframes with them. Before spending, the Secretary must consider cost‑saving suggestions from a consulting beneficiary, reply in writing about any actions to address the suggestions, and provide periodic notices about costs and status. The Secretary must also report each year to the Natural Resources Committee of the House of Representatives and the Energy and Natural Resources Committee of the Senate with a summary of Federal and non‑Federal spending and a 5‑year plan showing costs before and after September 11, 2001.

Full Legal Text

Title 43, §373e

Public Lands — Source: USLM XML via OLRC

(a)Costs incurred by the Secretary of the Interior for the physical fortification of Bureau of Reclamation facilities to satisfy increased post-September 11, 2001, security needs, including the construction, modification, upgrade, or replacement of such facility fortifications, shall be nonreimbursable.
(b)(1)The Secretary of the Interior shall include no more than $18,900,000 per fiscal year, indexed each fiscal year after fiscal year 2008 according to the preceding year’s Consumer Price Index, of those costs incurred for increased levels of guards and patrols, training, patrols by local and tribal law enforcement entities, operation, maintenance, and replacement of guard and response force equipment, and operation and maintenance of facility fortifications at Bureau of Reclamation facilities after the events of September 11, 2001, as reimbursable operation and maintenance costs under Reclamation law.
(2)In the case of the Central Valley Project of California, site security costs allocated to irrigation and municipal and industrial water service in accordance with this section shall be collected by the Secretary exclusively through inclusion of these costs in the operation and maintenance water rates.
(c)(1)The Secretary is authorized to develop policies and procedures with project beneficiaries, consistent with the requirements of paragraphs (2) and (3), to provide for the payment of the reimbursable costs described in subsection (b).
(2)On identifying a Bureau of Reclamation facility for a site security measure, the Secretary shall provide to the project beneficiaries written notice—
(A)describing the need for the site security measure and the process for identifying and implementing the site security measure; and
(B)summarizing the administrative and legal requirements relating to the site security measure.
(3)The Secretary shall—
(A)provide project beneficiaries an opportunity to consult with the Bureau of Reclamation on the planning, design, and construction of the site security measure; and
(B)in consultation with project beneficiaries, develop and provide timeframes for the consultation described in subparagraph (A).
(4)Before incurring costs pursuant to activities described in subsection (b), the Secretary shall consider cost containment measures recommended by a project beneficiary that has elected to consult with the Bureau of Reclamation on such activities. The Secretary shall provide to the project beneficiary—
(A)a timely written response describing proposed actions, if any, to address the recommendation; and
(B)notice regarding the costs and status of such activities on a periodic basis.
(5)The Secretary shall report annually to the Natural Resources Committee of the House of Representatives and the Energy and Natural Resources Committee of the Senate on site security actions and activities undertaken pursuant to this Act for each fiscal year. The report shall include a summary of Federal and non-Federal expenditures for the fiscal year and information relating to a 5-year planning horizon for the program, detailed to show pre-September 11, 2001, and post-September 11, 2001, costs for the site security activities.
(d)Reclamation project security costs at the levels of activity that existed prior to September 11, 2001, shall remain reimbursable.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (c)(5), means Pub. L. 110–229, May 8, 2008, 122 Stat. 754, known as the Consolidated Natural Resources Act of 2008. For complete classification of this Act to the Code, see

Short Title

of 2008 Amendment note set out under section 1 of Title 16, Conservation, and Tables.

Reference

Citations & Metadata

Citation

43 U.S.C. § 373e

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73