33 U.S.C. § 2327a: Rehabilitation of Corps of…

Summary

The Secretary may repair and upgrade certain pump stations that are part of a federal flood or coastal storm project, or part of a system that includes one. This can happen only if the Secretary finds the pump station has a major problem from long-term wear and the repair is feasible. Eligible pump station: a pump station that is tied to a federal flood or coastal project and whose failure would harm that project. Rehabilitation: fixing major foundation, material, or system damage; it can include bringing the station to current design standards, improving efficiency and drainage, and sometimes increasing capacity if that cuts life‑safety risk or lowers future rehab costs. Local or non‑Federal partners must pay 35 percent of the rehab cost, and must give any needed land, easements, rights‑of‑way, and relocations for free. They must sign a binding deal to pay their share and to pay 100 percent of future operation and maintenance costs under rules the Secretary sets. Rehab work is treated as part of the Corps’ original project, not a separate item. Up to $60,000,000 is authorized for these repairs, available until spent. The Secretary should, as much as possible, prioritize projects that help economically disadvantaged communities as defined under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note).

Title 33, §2327a

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Definitions

In this section: (1) Eligible pump station

(2)Rehabilitation

(A)In general

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)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

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)Authorization of appropriations

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

(g)Prioritization

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