Sec. 405. Losses caused by the construction and operation of storage projects

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If in constructing any new or modified water storage project included in section 103(d)(1)(A) of Public Law 108–361 (118 Stat. 1684), the Bureau of Reclamation destroys or otherwise adversely affects any existing marina, recreational facility, or other water-dependent business when constructing or operating a new or modified water storage project, the Secretaries of the Interior and Agriculture, acting through the Bureau and the Forest Service shall— provide compensation otherwise required by law; and provide the owner of the affected marina, recreational facility, or other water-dependent business under mutually agreeable terms and conditions with the right of first refusal to construct and operate a replacement marina, recreational facility, or other water-dependent business, as the case may be, on United States land associated with the new or modified water storage project.

If in constructing any new or modified water storage project included in section 103(d)(1)(A) of Public Law 108–361 (118 Stat. 1684), the Bureau of Reclamation reduces or eliminates the capacity or generation of any existing non-Federal hydroelectric project by inundation or otherwise, the Secretary of the Interior shall— provide compensation otherwise required by law; provide the owner of the affected hydroelectric project under mutually agreeable terms and conditions with a right of first refusal to construct, operate, and maintain replacement hydroelectric generating facilities at such new or modified water storage project, on federal land associated with the new or modified water storage project or on private land owned by the affected hydroelectric project owner; provide compensation for the construction of any water conveyance facilities as are necessary to convey water to any new powerhouse constructed by such owner in association with such new hydroelectric generating facilities; and provide for subsections (b)(1), (b)(2), and (b)(3) at a cost not to exceed the estimated value of the actual impacts to any existing non-Federal hydroelectric project and as estimated for the associated feasibility study, including additional planning, environmental, design, construction, and operations and maintenance costs for existing and replacement facilities.

Any compensation under this section shall be a project cost and allocated to project beneficiaries. This section shall only apply to federally owned water storage projects, whether authorized under this Act or some other authority. Nothing in this section affects the ability of landowners or tribes to seek compensation or any other remedy otherwise required by law.

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Pub. L. 108-361
118 Stat. 1684

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Sec. 405

Losses caused by the construction and operation of storage projects

Pub. L.Pub. L. 108-361

Stat.118 Stat. 1684

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