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33 U.S.C. § 2327a — Rehabilitation of Corps of Engineers constructed pump stations

submitted 6 years ago by Pub. L. 116-260 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 473 words · no verdicts yet

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The Secretary may rehabilitate certain Corps of Engineers pump stations with major, feasible deficiencies. The non-Federal interest pays 35 percent of rehabilitation costs, supplies associated property interests, and pays all operation and maintenance costs.

(a) Definitions. (1) “Eligible pump station” means a station that is part of (A) a federally authorized flood or coastal-storm risk-management project or (B) an integrated flood-risk-reduction system including one, and whose failure the Secretary determines would demonstrably affect that project’s function. (2) “Rehabilitation” means addressing a major deficiency caused by long-term deterioration of the station’s foundation, construction materials, or engineering systems or components. It includes adding (i) current design standards, (ii) efficiency improvements, and (iii) associated drainage, and increasing capacity only if the increase (I) significantly reduces risk of loss of life and property damage or (II) reduces total life-cycle rehabilitation costs. This section does not otherwise define “major deficiency,” “feasible,” or “economically disadvantaged community.” (b) The Secretary may rehabilitate an eligible station after finding it has a major deficiency and rehabilitation is feasible. (c) The non-Federal interest must pay 35 percent of rehabilitation cost and provide all land, easements, rights-of-way, and necessary relocations at no cost to the Federal Government. (d) Work may begin only after a binding agreement to pay the non-Federal share and 100 percent of operation and maintenance costs under the Secretary’s regulations. (e) The work is not a separable element of the associated Corps flood-risk-management project. (f) $60,000,000 is authorized for appropriation, available until spent. (g) To the maximum practicable extent, the Secretary must prioritize stations benefiting economically disadvantaged communities as defined by the Secretary under section 160 of the Water Resources Development Act of 2020, including urban and rural communities.

the actual law source: uscode.house.gov ↗public domain
(a) Definitions

In this section:

(1) Eligible pump station

The term “eligible pump station” means a pump station—

(A)

that is a feature of—

(i)

a federally authorized flood or coastal storm risk management project; or

(ii)

an integrated flood risk reduction system that includes a federally authorized flood or coastal storm risk management project; and

(B)

the failure of which the Secretary has determined would demonstrably impact the function of the federally authorized flood or coastal storm risk management project.

(2) Rehabilitation
(A) In general

The term “rehabilitation”, with respect to an eligible pump station, means to address a major deficiency of the eligible pump station caused by long-term degradation of the foundation, construction materials, or engineering systems or components of the eligible pump station.

(B) Inclusions

The term “rehabilitation”, with respect to an eligible pump station, includes—

(i)

the incorporation into the eligible pump station of—

(I)

current design standards;

(II)

efficiency improvements; and

(III)

associated drainage; and

(ii)

increasing the capacity of the eligible pump station, subject to the condition that the increase shall—

(I)

significantly decrease the risk of loss of life and property damage; or

(II)

decrease total lifecycle rehabilitation costs for the eligible pump station.

(b) Authorization

The Secretary may carry out rehabilitation of an eligible pump station, if the Secretary determines that—

(1)

the eligible pump station has a major deficiency; and

(2)

the rehabilitation is feasible.

(c) Cost sharing

The non-Federal interest for the eligible pump station shall—

(1)

provide 35 percent of the cost of rehabilitation of an eligible pump station carried out under this section; and

(2)

provide all land, easements, rights-of-way, and necessary relocations associated with the rehabilitation described in subparagraph (A), at no cost to the Federal Government.

(d) Agreement required

The rehabilitation of an eligible pump station pursuant to this section shall be initiated only after a non-Federal interest has entered into a binding agreement with the Secretary—

(1)

to pay the non-Federal share of the costs of rehabilitation under subsection (c); and

(2)

to pay 100 percent of the operation and maintenance costs of the rehabilitated eligible pump station, in accordance with regulations promulgated by the Secretary.

(e) Treatment

The rehabilitation of an eligible pump station pursuant to this section shall not be considered to be a separable element of the associated flood risk management project constructed by the Corps of Engineers.

(f) Authorization of appropriations

There is authorized to be appropriated to carry out this section $60,000,000, to remain available until expended.

(g) Prioritization

To the maximum extent practicable, the Secretary shall prioritize the rehabilitation of eligible pump stations under this section that benefit economically disadvantaged communities, as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note), including economically disadvantaged communities located in urban and rural areas.

Source credit: (Pub. L. 116–260, div. AA, title I, § 133, Dec. 27, 2020, 134 Stat. 2647; Pub. L. 117–263, div. H, title LXXXI, § 8152, Dec. 23, 2022, 136 Stat. 3733.)

history & why it existsrecord from the source credit
  • 2020Enacted · Pub. L. 116-260 · 134 Stat. 2647
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 3733

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-260 on 2020-12-27.

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