§467n — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

After November 17, 1986, when the Secretary changes a dam or related facility for safety because of new hydrologic (water/flood) or seismic (earthquake) data or new design standards, the cost must be paid back under these rules. Fifteen percent of the modification cost is treated like normal project costs and is shared according to the project’s cost rules in effect when the work starts. Non‑Federal partners pay their share the same way they did at the original construction. Irrigation costs are recovered under Public Law 98–404. Except for irrigation, costs may be repaid with interest over up to 30 years from when the work is finished. The interest rate is set by the Secretary of the Treasury using recent market yields on comparable U.S. securities plus a premium of one‑eighth of one percentage point; if more than one rate applies, a weighted average is used. Nothing here limits the Secretary’s authority to do work under Public Law 84–99 (33 U.S.C. 701n) or changes its cost sharing.

Title 33, §467n

Navigation and Navigable Waters — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

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 section 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 the National Dam Safety Program Act which comprises this subchapter.

Statutory Notes and Related Subsidiaries

Dam Safety Repair Projects Pub. L. 114–322, title I, § 1139, Dec. 16, 2016, 130 Stat. 1658, provided that: “The Secretary [of the Army] shall issue guidance— “(1) on the types of circumstances under which the requirement in section 1203(a) of the Water Resources Development Act of 1986 (33 U.S.C. 467n(a)) relating to state-of-the-art design or

Construction

criteria deemed necessary for safety purposes applies to a dam safety repair project; “(2) to assist district offices of the Corps of Engineers in communicating with non-Federal interests when entering into and implementing cost-sharing agreements for dam safety repair projects; and “(3) to assist the Corps of Engineers in communicating with non-Federal interests concerning the estimated and final cost-share responsibilities of the non-Federal interests under agreements for dam safety repair projects.” “Secretary” Defined Secretary means the Secretary of the Army, see section 2201 of this title.

§467n Recovery of Dam Modification Costs Required for Safety Purposes