43 U.S.C. § 509b: Additional project benefits…

Summary

Despite other limits in the law, the Secretary can add extra benefits to a project by building new or additional works when she decides those benefits are needed, are in the interests of the United States and the project, can be done, and fit the project's purposes. She may do this while carrying out related project work and under the conditions in a feasibility study. A cost-share agreement must be reached between Federal and non-Federal funders. The costs for the extra benefits must be assigned only to the people or groups who benefit, and those costs must be repaid following Federal Reclamation law (the Act of June 17, 1902, 43 U.S.C. 371 et seq.) and its amendments.

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