43 U.S.C. § 510: Definitions

Summary

Defines key words used in the subchapter. Inspection means a review done by the Secretary to check a project facility’s overall condition and to estimate how much property and how many people would be at risk if it failed or caused flooding. Project facility means any part of a project built under the Federal reclamation law, but it does not include high- or significant-hazard dams. Reserved works are project facilities the Secretary operates and maintains. Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation. Transferred works are project facilities whose operation and maintenance are handled by a non‑Federal entity under a formal transfer contract, and the transferred works operating entity is the organization contractually responsible for that work. Extraordinary operation and maintenance work means major, nonrecurring repairs to Reclamation-owned or -operated facilities or parts, done to keep authorized project benefits safe and reliable, when the cost is more than 10 percent of the contractor’s or operating entity’s annual O&M budget for the facility or more than $100,000.

Title 43, §510

Public Lands, Source: USLM XML via OLRC

In this subchapter:

(1)Inspection

The term “inspection” means an inspection of a project facility carried out by the Secretary—

(A)to assess and determine the general condition of the project facility; and

(B)to estimate the value of property, and the size of the population, that would be at risk if the project facility fails, is breached, or otherwise allows flooding to occur.

(2)Project facility

The term “project facility” means any part or incidental feature of a project, excluding high- and significant-hazard dams, constructed under the Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.) .

(3)Reserved works

The term “reserved works” mean any project facility at which the Secretary carries out the operation and maintenance of the project facility.

(4)Secretary

The term “Secretary” means the Secretary of the Interior, acting through the Commissioner of Reclamation.

(5)Transferred works

The term “transferred works” means a project facility, the operation and maintenance of which is carried out by a non-Federal entity, under the provisions of a formal operation and maintenance transfer contract.

(6)Transferred works operating entity

The term “transferred works operating entity” means the organization which is contractually responsible for operation and maintenance of transferred works.

(7)Extraordinary operation and maintenance work

The term “extraordinary operation and maintenance work” means major, nonrecurring maintenance to Reclamation-owned or operated facilities, or facility components, that is—

(A)intended to ensure the continued safe, dependable, and reliable delivery of authorized project benefits; and

(B)greater than 10 percent of the contractor’s or the transferred works operating entity’s annual operation and maintenance budget for the facility, or greater than $100,000.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Act of June 17, 1902 (32 Stat. 388, chapter 1093), referred to in par. (2), is popularly known as the Reclamation Act and is classified generally to chapter 12 (§ 371 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 371 of this title and Tables.

§510 Definitions