§2327a — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Secretary may repair and upgrade pump stations that are part of a federal flood or coastal storm project, or part of a linked flood system, when their failure would harm the project. Eligible pump station: a pump station that meets the project and failure-impact tests. Rehabilitation: fixing big problems from long-term wear, including updating to current design standards, improving efficiency and drainage, and sometimes increasing capacity if it cuts risk or life-cycle costs. The Secretary must find a major problem and that the work is doable. Local or non-Federal partners must pay 35% of the rehab cost and give all land, easements, rights-of-way, and needed relocations free to the Federal Government. They must sign a binding agreement and agree to pay 100% of future operation and maintenance costs under the Secretary’s rules before work starts. Rehab work will be part of the main project. Up to $60,000,000 is authorized for this, and projects that help economically disadvantaged communities should be prioritized when possible.

Title 33, §2327a

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)In this section:

(1)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)(A)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)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)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)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)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)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)There is authorized to be appropriated to carry out this section $60,000,000, to remain available until expended.

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

Notes & Related Subsidiaries

Editorial Notes

References in Text

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

2022—Subsec. (a)(1). Pub. L. 117–263, § 8152(1), added par. (1) and struck out former par. (1) which defined eligible pump station. Subsec. (b). Pub. L. 117–263, § 8152(2), 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.” Subsec. (g). Pub. L. 117–263, § 8152(3), added subsec. (g).

Statutory Notes and Related Subsidiaries

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

§2327a Rehabilitation of Corps of Engineers constructed pump stations