§509b — Title 43 Public Lands | U.S. Code

Summary

The Secretary can add new or extra parts to a project to get more benefits, such as more conservation storage, if she finds those benefits are needed, feasible, and fit the project's purposes. Even if section 507 would limit it, this can happen with section 506 work only after a feasibility study and a cost-share agreement with Federal and non‑Federal funders; the costs must be borne only by the beneficiaries and repaid under Federal Reclamation law (Act of June 17, 1902, 43 U.S.C. 371 et seq.).

Title 43, §509b

Public Lands — Source: USLM XML via OLRC

Notwithstanding section 507 of this title, if the Secretary, in her judgment, determines that additional project benefits, including but not limited to additional conservation storage capacity, are necessary and in the interests of the United States and the project and are feasible and not inconsistent with the purposes of this subchapter, the Secretary is authorized to develop additional project benefits through the construction of new or supplementary works on a project in conjunction with the Secretary’s activities under section 506 of this title and subject to the conditions described in the feasibility study, provided a cost share agreement related to the additional project benefits is reached among non-Federal and Federal funding participants and the costs associated with developing the additional project benefits are allocated exclusively among beneficiaries of the additional project benefits and repaid consistent with all provisions of Federal Reclamation law (the Act of June 17, 1902, 43 U.S.C. 371 et seq.) and acts supplemental to and amendatory of that Act.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Act of

June 17, 1902, referred to in text, is act

June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 371 of this title and Tables.

§509b Additional project benefits through the construction of new or supplementary works