33 USC 2327a - Rehabilitation of Corps of Engineers constructed pump stations

U.S Code last checked for updates: Nov 22, 2024

§ 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

(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

(f)

Authorization of appropriations

(g)

Prioritization

(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.)

cite as: 33 USC 2327a