Title 43, Public LandsRelease 119-110

§509a Project Beneficiaries

Title 43 › CHAPTER 12 — RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › SUBCHAPTER XI–A — RECLAMATION SAFETY OF DAMS › § 509a

Last updated Sep 22, 2026|Official source

Summary

When the Bureau of Reclamation decides a facility needs to be changed, the Secretary must send project beneficiaries a written notice that explains why the change is needed, how it will be done, and what rules apply. The Secretary must also let beneficiaries take part in planning, design, and construction and must set and share timelines for that consultation. Before sending the reports required under section 509, the Secretary must consider any written alternatives beneficiaries submit on time, reply in writing about what, if anything, will be done, and include that reply in the section 509 reports. The Secretary may waive one or more of these notice, consultation, or alternative steps if doing them would harm dam safety or security.

Full Legal Text

Title 43, §509a

Public Lands, Source: USLM XML via OLRC

(a)Notice of modification
On identifying a Bureau of Reclamation facility for modification, the Secretary shall provide to the project beneficiaries written notice—
(1)describing the need for the modification and the process for identifying and implementing the modification; and
(2)summarizing the administrative and legal requirements relating to the modification.
(b)Consultation
The Secretary shall—
(1)provide project beneficiaries an opportunity to consult with the Bureau of Reclamation on the planning, design, and construction of the proposed modification; and
(2)in consultation with project beneficiaries, develop and provide timeframes for the consultation described in paragraph (1).
(c)Alternatives
(1)Prior to submitting the reports required under section 509 of this title, the Secretary shall consider any alternative submitted in writing, in accordance with the timeframes established under subsection (b), by a project beneficiary that has elected to consult with the Bureau of Reclamation on a modification.
(2)The Secretary shall provide to the project beneficiary a timely written response describing proposed actions, if any, to address the recommendation.
(3)The response of the Secretary shall be included in the reports required by section 509 of this title.
(d)Waiver
The Secretary may waive 1 or more of the requirements of subsections (a), (b), and (c), if the Secretary determines that implementation of the requirement could have an adverse impact on dam safety or security.

Reference

Citations & Metadata

Citation

43 U.S.C. § 509a

Title 43, Public Lands

Last Updated

Sep 22, 2026

Release point: 119-110