Title 43 — Public LandsRelease 119-73

§510a Guidelines and inspection of project facilities and technical assistance to transferred works operating entities

Title 43 › Chapter CHAPTER 12— - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › Subchapter SUBCHAPTER XI–B— - AGING INFRASTRUCTURE › § 510a

Last updated Apr 6, 2026|Official source

Summary

The Secretary must create special inspection rules within 1 year after March 30, 2009 for project facilities near urban areas that could harm people or property if they failed. Within 3 years after March 30, 2009 the Secretary must inspect those facilities using the new rules and pick sites based on how much harm a failure might cause. The costs the Secretary spends on those inspections are not paid back by others. The Secretary must use the inspection results to give recommendations to the entities that operate the transferred works, set an inspection schedule that is no more than 6 years apart, and, when asked, share hazard information with local governments or state agencies about nearby development. At the request of a transferred works operating entity near an urban area, the Secretary can help develop six kinds of documents and programs (operation procedures, emergency notification and response plans, inspection criteria, workforce training, public outreach, and other safety plans). The federal share can cover up to 50 percent of those technical-assistance costs and does not have to be repaid; the non-Federal 50 percent minimum must be provided by the operating entity or another non-Federal source and may be given as in‑kind contributions.

Full Legal Text

Title 43, §510a

Public Lands — Source: USLM XML via OLRC

(a)(1)Not later than 1 year after March 30, 2009, the Secretary in consultation with transferred works operating entities shall develop, consistent with existing transfer contracts, specific inspection guidelines for project facilities which are in proximity to urbanized areas and which could pose a risk to public safety or property damage if such project facilities were to fail.

(2)Not later than 3 years after March 30, 2009, the Secretary shall conduct inspections of those project facilities, which are in proximity to urbanized areas and which could pose a risk to public safety or property damage if such facilities were to fail, using such specific inspection guidelines and criteria developed pursuant to paragraph (1). In selecting project facilities to inspect, the Secretary shall take into account the potential magnitude of public safety and economic damage posed by each project facility.

(3)The costs incurred by the Secretary in conducting these inspections shall be nonreimbursable.

(b)The Secretary shall use the data collected through the conduct of the inspections under subsection (a)(2) to—

(1)provide recommendations to the transferred works operating entities for improvement of operation and maintenance processes, operating procedures including operation guidelines consistent with existing transfer contracts, and structural modifications to those transferred works;

(2)determine an appropriate inspection frequency for such nondam project facilities which shall not exceed 6 years; and

(3)provide, upon request of transferred work operating entities, local governments, or State agencies, information regarding potential hazards posed by existing or proposed residential, commercial, industrial or public-use development adjacent to project facilities.

(c)(1)The Secretary is authorized, at the request of a transferred works operating entity in proximity to an urbanized area, to provide technical assistance to accomplish the following, if consistent with existing transfer contracts:

(A)Development of documented operating procedures for a project facility.

(B)Development of documented emergency notification and response procedures for a project facility.

(C)Development of facility inspection criteria for a project facility.

(D)Development of a training program on operation and maintenance requirements and practices for a project facility for a transferred works operating entity’s workforce.

(E)Development of a public outreach plan on the operation and risks associated with a project facility.

(F)Development of any other plans or documentation which, in the judgment of the Secretary, will contribute to public safety and the sage operation of a project facility.

(2)The Secretary is authorized to provide, on a non-reimbursable basis, up to 50 percent of the cost of such technical assistance, with the balance of such costs being advanced by the transferred works operating entity or other non-Federal source. The non-Federal 50 percent minimum cost share for such technical assistance may be in the form of in-lieu contributions of resources by the transferred works operating entity or other non-Federal source.

Reference

Citations & Metadata

Citation

43 U.S.C. § 510a

Title 43 — Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73