H.R. 6279
Urban Canal Modernization Act
Sponsor: Michael K. Simpson
3 cosponsors
Official summary
Written by the Congressional Research Service.
Urban Canal Modernization Act
This bill expands the Bureau of Reclamation's responsibility under the Omnibus Public Land Management Act of 2009 to address aging irrigation and water resources infrastructure in western states to include additional work for urban canals of concern.
Specifically, the bill directs Reclamation or the operating entity of a transferred work (i.e., infrastructure owned by Reclamation, but maintained by a nonfederal entity) to carry out any necessary extraordinary operation and maintenance work for urban canals of concern, which are certain transferred works the failure of which would result in loss of life and property in the vicinity of the canal.
Reclamation must also provide federal funds to transferred works on a nonreimbursable basis sufficient to cover 35% of the cost of extraordinary operation and maintenance work for (1) urban canals of concern, and (2) certain project facilities which are in proximity to urbanized areas and which could pose a risk to public safety or property if the facilities failed.
The bill further specifies that any reimbursable funds provided under the bill must be considered a nonfederal source of funds for purposes of federal grant cost-sharing requirements.
Text of the bill
(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) by arranging the redesignated paragraphs in numerical order;
(3) in paragraph (3) (as so redesignated), by striking et seq.) and inserting et seq.));
(4) in paragraph (4) (as so redesignated), by striking mean and inserting means; and
(5) by adding at the end the following:
(8) Urban canal of concern. The term urban canal of concern means a transferred works or segment of a transferred works—
(A) that is—
(i) a canal reach, the failure of which would result in—
(I) an estimated at-risk population of more than 100 individuals; or
(II) an estimated property damage of more than $5,000,000; or
(ii) a canal reach determined by the responsible Bureau of Reclamation regional or area office to be classified as an urban canal reach; and
(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) Extraordinary maintenance and operation work on urban canal of concerns. 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:
(e) Extraordinary operation and maintenance work on urban canals of concern
(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.
(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).
(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.