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

(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

33 U.S.C. 2201To 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 ( note), including economically disadvantaged communities located in urban and rural areas.

Pub. L. 116–260, div. AA, title I, § 133Dec. 27, 2020134 Stat. 2647 Pub. L. 117–263, div. H, title LXXXI, § 8152Dec. 23, 2022136 Stat. 3733(, , ; , , .)

Editorial Notes

References in Text

section 160 of div. AA of Pub. L. 116–260 section 2201 of this titleSection 160 of the Water Resources Development Act of 2020, referred to in subsec. (g), is , which is set out as a note under .

Codification

Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

Pub. L. 117–263, § 8152(1)2022—Subsec. (a)(1). , added par. (1) and struck out former par. (1) which defined eligible pump station.

Pub. L. 117–263, § 8152(2)Subsec. (b). , added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “The Secretary may carry out rehabilitation of an eligible pump station, if the Secretary determines that the rehabilitation is feasible.”

Pub. L. 117–263, § 8152(3)Subsec. (g). , added subsec. (g).

Statutory Notes and Related Subsidiaries

“Secretary” Defined

section 2 of div. AA of Pub. L. 116–260 section 2201 of this titleSecretary means the Secretary of the Army, see , set out as a note under .