---
kind: "section"
citation: "43 U.S.C. § 509a"
title: "43"
title_heading: "Public Lands"
number: "509a"
heading: "Project beneficiaries"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/43/509a"
units:
  - "Chapter 12 — Reclamation and Irrigation of Lands by Federal Government"
  - "Subchapter XI–A — Reclamation Safety of Dams"
---

# §509a. Project beneficiaries

- (a) **Notice of modification—** On identifying a Bureau of Reclamation facility for modification, the [Secretary](/usc/43/485a.md?p=b) shall provide to the [project](/usc/43/485a.md?p=c) 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](/usc/43/485a.md?p=b) shall—
  - (1) provide [project](/usc/43/485a.md?p=c) 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](/usc/43/485a.md?p=c) beneficiaries, develop and provide timeframes for the consultation described in [paragraph (1)](#b-1).
- (c) **Alternatives—**
  - (1) Prior to submitting the reports required under [section 509 of this title](/usc/43/509.md), the [Secretary](/usc/43/485a.md?p=b) shall consider any alternative submitted in writing, in accordance with the timeframes established under [subsection (b)](#b), by a [project](/usc/43/485a.md?p=c) beneficiary that has elected to consult with the Bureau of Reclamation on a modification.
  - (2) The [Secretary](/usc/43/485a.md?p=b) shall provide to the [project](/usc/43/485a.md?p=c) beneficiary a timely written response describing proposed actions, if any, to address the recommendation.
  - (3) The response of the [Secretary](/usc/43/485a.md?p=b) shall be included in the reports required by [section 509 of this title](/usc/43/509.md).
- (d) **Waiver—** The [Secretary](/usc/43/485a.md?p=b) may waive 1 or more of the requirements of subsections [(a)](#a), [(b)](#b), and [(c)](#c), if the [Secretary](/usc/43/485a.md?p=b) 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.)