43 USC 510 - Relationship to Twenty-First Century Water Works Act

Collapse to view only § 510c. Relationship to Twenty-First Century Water Works Act

§ 510. Definitions
§ 510a. Guidelines and inspection of project facilities and technical assistance to transferred works operating entities
§ 510b. Extraordinary operation and maintenance work performed by the Secretary
§ 510c. Relationship to Twenty-First Century Water Works Act
§ 510d. Authorization of appropriations

§ 510. Definitions

In this subchapter:

(1) Inspection

The term “inspection” means an inspection of a project facility carried out by the Secretary—

(A) to assess and determine the general condition of the project facility; and

(B) to estimate the value of property, and the size of the population, that would be at risk if the project facility fails, is breached, or otherwise allows flooding to occur.

(2) Project facility

(3) Reserved works

(4) Secretary

(5) Transferred works

(6) Transferred works operating entity

(7) Extraordinary operation and maintenance work

The term “extraordinary operation and maintenance work” means major, nonrecurring maintenance to Reclamation-owned or operated facilities, or facility components, that is—

(A) intended to ensure the continued safe, dependable, and reliable delivery of authorized project benefits; and

(B) greater than 10 percent of the contractor’s or the transferred works operating entity’s annual operation and maintenance budget for the facility, or greater than $100,000.

(Pub. L. 111–11, title IX, § 9601, Mar. 30, 2009, 123 Stat. 1346.)

§ 510a. Guidelines and inspection of project facilities and technical assistance to transferred works operating entities

(a) Guidelines and inspections

(1) Development of guidelines

(2) Conduct of inspections

(3) Treatment of costs

(b) Use of inspection data

The Secretary shall use the data collected through the conduct of the inspections under subsection (a)(2) to—

(1) provide recommendations to the transferred works operating entities for improvement of operation and maintenance processes, operating procedures including operation guidelines consistent with existing transfer contracts, and structural modifications to those transferred works;

(2) determine an appropriate inspection frequency for such nondam project facilities which shall not exceed 6 years; and

(3) provide, upon request of transferred work operating entities, local governments, or State agencies, information regarding potential hazards posed by existing or proposed residential, commercial, industrial or public-use development adjacent to project facilities.

(1) Authority of Secretary to provide technical assistance

The Secretary is authorized, at the request of a transferred works operating entity in proximity to an urbanized area, to provide technical assistance to accomplish the following, if consistent with existing transfer contracts:

(A) Development of documented operating procedures for a project facility.

(B) Development of documented emergency notification and response procedures for a project facility.

(D) Development of a training program on operation and maintenance requirements and practices for a project facility for a transferred works operating entity’s workforce.

(E) Development of a public outreach plan on the operation and risks associated with a project facility.

(F) Development of any other plans or documentation which, in the judgment of the Secretary, will contribute to public safety and the sage operation of a project facility.

(2) Costs

(Pub. L. 111–11, title IX, § 9602, Mar. 30, 2009, 123 Stat. 1347.)

§ 510b. Extraordinary operation and maintenance work performed by the Secretary

(a) In general

(b) Reimbursement of costs arising from extraordinary operation and maintenance work

(1) Treatment of costs

(2) Authority of Secretary

(3) Determination of interest rate

(1) In general

(2) Reimbursement

(3) Funding

(d) Aging Infrastructure Account

(1) EstablishmentThere is established in the general fund of the Treasury a special account, to be known as the “Aging Infrastructure Account” (referred to in this subsection as the “Account”), to provide funds to, and provide for the extended repayment of the funds by, a transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs for the conduct of extraordinary operation and maintenance work at a project facility, which shall consist of—

(A) any amounts that are specifically appropriated to the Account under section 510d of this title; and

(B) any amounts deposited in the Account under paragraph (3)(B).

(2) Expenditures

(3) Repayment contract

(A) In general

(B) Deposit of repaid funds

(4) Application for funding

(A) In general

(B) Eligible projectA project eligible for funding and extended repayment under this subsection is a project that—

(i) qualifies as an extraordinary operation and maintenance work under this section;

(ii) is for the major, non-recurring maintenance of a mission-critical asset; and

(iii) is not eligible to be carried out or funded under the repayment provisions of section 508(c) of this title.

(C) Guidelines for applicationsNot later than 60 days after December 27, 2020, the Secretary shall issue guidelines describing the information required to be provided in an application for funds and extended repayment under this subsection that require, at a minimum—

(i) a description of the project for which the funds are requested;

(ii) the amount of funds requested;

(iii) the repayment period requested by the transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs;

(iv) alternative non-Federal funding options that have been evaluated;

(v) the financial justification for requesting an extended repayment period; and

(vi) the financial records of the transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs.

(D) Review by the SecretaryThe Secretary shall review each application submitted under subparagraph (A)—

(i) to determine whether the project is eligible for funds and an extended repayment period under this subsection;

(ii) to determine if the project has been identified by the Bureau of Reclamation as part of the major rehabilitation and replacement of a project facility; and

(iii) to conduct a financial analysis of—(I) the project; and(II) repayment capability of the transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs.

(5) ReportNot later than 90 days after the date on which an application period closes under paragraph (4)(A), the Secretary shall submit to the Committees on Energy and Natural Resources and Appropriations of the Senate and the Committees on Natural Resources and Appropriations of the House of Representatives a report that—

(A) describes the results of the Secretary’s review of each application under paragraph (4)(D), including a determination of whether the project is eligible;

(B) identifies each project eligible for funds and extended repayment under this subsection;

(i) a description of—(I) the eligible project;(II) the anticipated cost and duration of the eligible project;(III) any remaining engineering or environmental compliance that is required before the eligible project commences;(IV) any recommendations the Secretary may have concerning the plan or design of the project; and(V) any conditions the Secretary may require for construction of the project;

(ii) an analysis of—(I) the repayment period proposed in the application; and(II) if the Secretary recommends a minimum necessary repayment period that is different than the repayment period proposed in the application, the minimum necessary repayment period recommended by the Secretary; and

(iii) an analysis of alternative non-Federal funding options;

(D) describes the allocation of funds from deposits into the Account under paragraph (3)(B); and

(E) describes the balance of funds in the Account as of the date of the report.

(6) Alternative allocation

(A) In general

(B) Allocation by Secretary

(i) No alternate allocations

(ii) Insufficient alternate allocations

(7) Effect of subsectionNothing in this subsection affects—

(A) any funding provided, or contracts entered into, under subsection (a) before December 27, 2020; or

(B) the use of funds otherwise made available to the Secretary to carry out subsection (a).

(Pub. L. 111–11, title IX, § 9603, Mar. 30, 2009, 123 Stat. 1348; Pub. L. 116–260, div. FF, title XI, § 1101, Dec. 27, 2020, 134 Stat. 3221.)

§ 510c. Relationship to Twenty-First Century Water Works Act

Nothing in this subchapter shall preclude a transferred works operating entity from applying and receiving a loan-guarantee pursuant to the Twenty-First Century Water Works Act [43 U.S.C. 2421 et seq].

(Pub. L. 111–11, title IX, § 9604, Mar. 30, 2009, 123 Stat. 1349.)

§ 510d. Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this subchapter.

(Pub. L. 111–11, title IX, § 9605, Mar. 30, 2009, 123 Stat. 1349.)