Title 43 › Chapter CHAPTER 12— - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › Subchapter SUBCHAPTER I— - GENERAL PROVISIONS › § 373e
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.
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Public Lands — Source: USLM XML via OLRC
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Reference
Citation
43 U.S.C. § 373e
Title 43 — Public Lands
Last Updated
Apr 6, 2026
Release point: 119-73