US Codex
Bill
Notes

S. 2160 — what changed

Urban Canal Modernization Act

From Reported in Senate to Engrossed in Senate. 1 section amended between Reported in Senate and Engrossed in Senate.

Sec. 2 Extraordinary operation and maintenance work performed by the Secretary of the Interior

(a)
Definitions— Section 9601 of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 510) is amended—
(1)
by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (2), (3), (4), (5), (6), (7), and (1), respectively;
(2)
in paragraph (3) (as so redesignated), by striking “et seq.)” and inserting “et seq.))”;
(3)
in paragraph (4) (as so redesignated), by striking “mean” and inserting “means”; and
(4)
by adding at the end the following:

changed “(8) Urban canal of concern—The term urban canal of concern means a transferred works or segment of a transferred works—works that is a canal reach—

changed “(A) that is—the failure of which would result in an estimated at-risk population of more than 100 individuals, as determined by the Secretary, pursuant to the guidelines and criteria developed under section 9602(a); and

changed “(i) a canal reach, “(B) that is determined by the failure of which would result in—Secretary to be classified as an urban canal reach.”

removed “(I) an estimated at-risk population of more than 100 individuals; or

removed “(II) an estimated property damage of more than $5,000,000; or

removed “(ii) a canal reach determined by the responsible Bureau of Reclamation regional or area office to be classified as an urban canal reach; and

removed “(B) with respect to which the Secretary determines, pursuant to the guidelines and criteria developed under section 9602(a), that if a failure were to occur, the failure would result in loss of life and property in the vicinity of the failed transferred works or segment of transferred works.”

(b)
changed Extraordinary maintenance and operation and maintenance work on urban canal canals of concerns—concern— Section 9603 of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 510b) is amended by adding at the end the following:amended—
(1)
added in subsection (a)—
(A)
added by striking “(a)” and all that follows through “The Secretary” and inserting the following:

added “(a) Authorization

added “(1) Project facilities—The Secretary”

(B)
added by adding at the end the following:

added “(2) Urban canals of concern—The Secretary or the transferred works operating entity may carry out, in accordance with subsection (b), any extraordinary operation and maintenance work on an urban canal of concern that the Secretary determines to be necessary pursuant to the guidelines and criteria set forth in section 9602(a).”

(2)
added in subsection (b)—
(A)
added by redesignating paragraph (3) as paragraph (4); and
(B)
added by inserting after paragraph (2) the following:

added “(3) Urban canals of concern—Except in the case of emergency extraordinary operation and maintenance work carried out under subsection (c), of the total costs of extraordinary operation and maintenance work on an urban canal of concern conducted under subsection (a)(2)—

added “(A) 25 percent shall be provided by the Secretary on a nonreimbursable basis;

added “(B) 10 percent shall be provided by the applicable State or political subdivision of the applicable State in which the extraordinary operation and maintenance work is being conducted; and

added “(C) the remaining amounts shall be advanced by the Secretary in accordance with paragraph (2), to be repaid by the transferred works operating entity in accordance with that paragraph.”

(3)
added in subsection (d)—
(A)
added by redesignating paragraph (7) as paragraph (8); and
(B)
added by inserting after paragraph (6) the following:

added “(7) Limitation for urban canals of concern—Not more than $300,000,000 shall be made available from the Account to pay the Federal costs of extraordinary operation and maintenance work on urban canals of concern conducted under section (a)(2), unless an appropriations Act provides funds for payment of Federal costs for such purposes in excess of that amount.”

removed “(e) Extraordinary operation and maintenance work on urban canals of concern

removed “(1) In general—The Secretary or the transferred works operating entity shall carry out any extraordinary operation and maintenance work on an urban canal of concern that the transferred works operating entity, with the concurrence of the Secretary, determines to be necessary.

removed “(2) Funding—In the case of extraordinary operation and maintenance work on an urban canal of concern authorized under paragraph (1), or if the Secretary determines that a project facility inspected and maintained pursuant to the guidelines and criteria set forth in section 9602(a) requires extraordinary operation and maintenance work pursuant to paragraph (1), the Secretary shall provide Federal funds on a nonreimbursable basis sufficient to cover 35 percent of the portion of total cost of the extraordinary operation and maintenance work allocable to the transferred works operating entity that is needed to carry out the extraordinary operation and maintenance work on the urban canal of concern, with the remaining share of any additional Federal funds advanced by the Secretary for the extraordinary operation and maintenance work to be repaid under subsection (b).

removed “(f) Reimbursable funds—Any reimbursable funds provided under this section shall be considered to be a non-Federal source of funds for purposes of any cost-sharing requirement for a Federal grant.”