Sec. 381. Funding for construction for additional project benefits
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The Reclamation Safety of Dams Act of 1978 ( 43 U.S.C. 509 et seq. ) is amended— in section 3, by striking Construction and inserting Except as provided in section 5, construction ; and by inserting after section 5A the following: Notwithstanding section 3, if the Secretary determines that additional project benefits, such as additional conservation storage capacity, are feasible and not inconsistent with the purposes of this Act, 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 2 and subject to the conditions described in the feasibility study, if— the Secretary determines that developing additional project benefits through the construction of new or supplementary works on a project is likely to promote more efficient management of water and water-related facilities; the feasibility study pertaining to additional project benefits has been authorized pursuant to section 8 of the Federal Water Project Recreation Act of 1965 ( 16 U.S.C. 460 ); and l– 18 the Secretary determines, in advance of funds being committed or expanded, that— the project sponsor shall provide funding for not less than 75 percent of project costs; the project shall generate environmental enhancement, including increase water deliveries for environmental flows or refuge water supplies, that justify a non-reimbursable Federal cost share of not more than 25 percent and that a share of the increased water supply made possible from expanded storage capacity equal to the Federal cost share shall be made available for such environmental purposes; all of the estimated costs properly allocable to irrigation, power, and municipal water supply or other miscellaneous purposes are included in the non-Federal cost share; any State cost identified shall be procured or committed by the State; and the project sponsor shall complete a feasibility study consistent with Bureau of Reclamation requirements and report the findings of that study to the Secretary.
If the project sponsor has a completed feasibility study and the Secretary makes a finding of feasibility, the Secretary is authorized to expend available appropriated funds for construction of the project if— in the determination of the Secretary an analysis commensurate with risk has been performed that demonstrates that— financial feasibility or capability for reimbursable project purposes and any remaining non-reimbursable project purposes not being funded by the maximum 25-percent Federal cost-share; and the costs of non-reimbursable project purposes to be borne by the United States are justified by the environmental enhancement, including increase water deliveries for environmental flows or refuge water supplies, and that the Federal share of the project costs shall not exceed 25 percent; and any environmental document prepared by the project sponsor is supplemented to address any changes to the project that the Secretary determines are necessary. .
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