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43 U.S.C. § 509aProject beneficiaries

submitted 22 years ago by Pub. L. 95-578 to r/title-43-PUBLIC-LANDS · 227 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets rules about project beneficiaries. It states the duties, requirements, limits, definitions, or penalties that apply to that subject.

(a) Notice of modification On identifying a Bureau of Reclamation facility for modification, the Secretary must 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 must— (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) before submitting the reports required under section 509 of this title, the Secretary must 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 must provide to the project beneficiary a timely written response describing proposed actions, if any, to address the recommendation. (3) The response of the Secretary must 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.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Pub. L. 95–578, § 5A, as added Pub. L. 108–439, § 2(b), Dec. 3, 2004, 118 Stat. 2627.)

history & why it existsrecord from the source credit
  • 2004Enacted · Pub. L. 95-578 · 118 Stat. 2627

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-578 on 2004-12-03.

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