43 USC 510b - Extraordinary operation and maintenance work performed by the Secretary

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

§ 510b.

Extraordinary operation and maintenance work performed by the Secretary

(a)

In general

(b)

Reimbursement of costs arising from extraordinary operation and maintenance work

(1)

Treatment of costs

(2)

Authority of Secretary

(3)

Determination of interest rate

(c)

Emergency extraordinary operation and maintenance work

(1)

In general

(2)

Reimbursement

(3)

Funding

(d)

Aging Infrastructure Account

(1)

Establishment

There is established in the general fund of the Treasury a special account, to be known as the “Aging Infrastructure Account” (referred to in this subsection as the “Account”), to provide funds to, and provide for the extended repayment of the funds by, a transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs for the conduct of extraordinary operation and maintenance work at a project facility, which shall consist of—

(A)

any amounts that are specifically appropriated to the Account under section 510d of this title; and

(B)

any amounts deposited in the Account under paragraph (3)(B).

(2)

Expenditures

(3)

Repayment contract

(A)

In general

(B)

Deposit of repaid funds

(4)

Application for funding

(A)

In general

(B)

Eligible project

A project eligible for funding and extended repayment under this subsection is a project that—

(i)

qualifies as an extraordinary operation and maintenance work under this section;

(ii)

is for the major, non-recurring maintenance of a mission-critical asset; and

(iii)

is not eligible to be carried out or funded under the repayment provisions of section 508(c) of this title.

(C)

Guidelines for applications

Not later than 60 days after December 27, 2020, the Secretary shall issue guidelines describing the information required to be provided in an application for funds and extended repayment under this subsection that require, at a minimum—

(i)

a description of the project for which the funds are requested;

(ii)

the amount of funds requested;

(iii)

the repayment period requested by the transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs;

(iv)

alternative non-Federal funding options that have been evaluated;

(v)

the financial justification for requesting an extended repayment period; and

(vi)

the financial records of the transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs.

(D)

Review by the Secretary

The Secretary shall review each application submitted under subparagraph (A)—

(i)

to determine whether the project is eligible for funds and an extended repayment period under this subsection;

(ii)

to determine if the project has been identified by the Bureau of Reclamation as part of the major rehabilitation and replacement of a project facility; and

(iii)

to conduct a financial analysis of—

(I)

the project; and

(II)

repayment capability of the transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs.

(5)

Report

Not later than 90 days after the date on which an application period closes under paragraph (4)(A), the Secretary shall submit to the Committees on Energy and Natural Resources and Appropriations of the Senate and the Committees on Natural Resources and Appropriations of the House of Representatives a report that—

(A)

describes the results of the Secretary’s review of each application under paragraph (4)(D), including a determination of whether the project is eligible;

(B)

identifies each project eligible for funds and extended repayment under this subsection;

(C)

with respect to each eligible project identified under subparagraph (B), includes—

(i)

a description of—

(I)

the eligible project;

(II)

the anticipated cost and duration of the eligible project;

(III)

any remaining engineering or environmental compliance that is required before the eligible project commences;

(IV)

any recommendations the Secretary may have concerning the plan or design of the project; and

(V)

any conditions the Secretary may require for construction of the project;

(ii)

an analysis of—

(I)

the repayment period proposed in the application; and

(II)

if the Secretary recommends a minimum necessary repayment period that is different than the repayment period proposed in the application, the minimum necessary repayment period recommended by the Secretary; and

(iii)

an analysis of alternative non-Federal funding options;

(D)

describes the allocation of funds from deposits into the Account under paragraph (3)(B); and

(E)

describes the balance of funds in the Account as of the date of the report.

(6)

Alternative allocation

(A)

In general

(B)

Allocation by Secretary

(i)

No alternate allocations

(ii)

Insufficient alternate allocations

(7)

Effect of subsection

Nothing in this subsection affects—

(A)

any funding provided, or contracts entered into, under subsection (a) before December 27, 2020; or

(B)

the use of funds otherwise made available to the Secretary to carry out subsection (a).

(Pub. L. 111–11, title IX, § 9603, Mar. 30, 2009, 123 Stat. 1348; Pub. L. 116–260, div. FF, title XI, § 1101, Dec. 27, 2020, 134 Stat. 3221.)

cite as: 43 USC 510b