Sec. 4008. LOSSES CAUSED BY THE CONSTRUCTION AND OPERATION OF STORAGE PROJECTS
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## SEC. 4008 LOSSES CAUSED BY THE CONSTRUCTION AND OPERATION OF STORAGE PROJECTS ###
(a)Marinas, Recreational Facilities, Other Businesses 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— ####
(1)provide compensation otherwise required by law; and ####
(2)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. ###
(b)Hydroelectric Projects 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, subject to the requirements and limitations of this section— ####
(1)provide compensation otherwise required by law; ####
(2)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; ####
(3)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; ####
(4)provide for paragraphs (1), (2), and
(3)at a cost not to exceed the estimated value of the actual impacts to any existing non-Federal hydroelectric project, including impacts to its capacity and energy value, and as estimated for the associated feasibility study, including additional planning, environmental, design, construction, and operations and maintenance costs for existing and replacement facilities; and ####
(5)ensure that action taken under paragraphs (1), (2), (3), and
(4)shall not directly or indirectly increase the costs to recipients of power marketed by the Western Area Power Administration, nor decrease the value of such power. ###
(c)Existing Licensee The owner of any project affected under subsection (b)(2) shall be deemed the existing licensee, in accordance with section 15(a) of the Act of June 10, 1920 (16 U.S.C. 808(a)), for any replacement project to be constructed within the proximate geographic area of the affected project. ###
(d)Cost Allocation ####
(1)Compensation Any compensation under this section shall be a project cost allocated solely to the direct beneficiaries of the new or modified water project constructed under this section. ####
(2)Replacement costs The costs of the replacement project, and any compensation, shall be— #####
(A)treated as a stand-alone project and shall not be financially integrated in any other project; and #####
(B)allocated in accordance with mutually agreeable terms between the Secretary and project beneficiaries. ###
(e)Applicability This section shall only apply to federally owned water storage projects whether authorized under section 4007 or some other authority. ###
(f)Limitation Nothing in this section affects the ability of landowners or Indian tribes to seek compensation or any other remedy otherwise provided by law. ###
(g)Savings Clause No action taken under this section shall directly or indirectly increase the costs to recipients of power marketed by the Western Area Power Administration, nor decrease the value of such power.
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- Pub. L. 108-361
- 118 Stat. 1684
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Sec. 4008
LOSSES CAUSED BY THE CONSTRUCTION AND OPERATION OF STORAGE PROJECTS
Pub. L.Pub. L. 108-361
Stat.118 Stat. 1684
Cites 3Cited by 0 across 0 sources