Title 43, Public LandsRelease 119-110

§510a Guidelines and Inspection of Project Facilities and Technical Assistance to Transferred Works Operating Entities

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

Last updated Sep 22, 2026|Official source

Summary

The Secretary must work with the groups that run transferred project works to write specific inspection rules for project facilities near cities that could threaten people or property. Those rules must be ready within 1 year after March 30, 2009. Using those rules, the Secretary must inspect those risky facilities within 3 years after March 30, 2009, picking sites based on how much danger or economic harm they might cause. The cost of those inspections is not paid back to the government. The Secretary must use the inspection information to give operators recommendations for better operation, maintenance, and fixes; set how often to inspect (no more than once every 6 years); and give hazard information to operators, local governments, or state agencies when asked. At an operator’s request, the Secretary can also help make operating procedures, emergency plans, inspection criteria, training, public outreach, or other safety documents. The Secretary may pay up to 50% of the cost of that help without repayment; the operator or other non-Federal source must cover the rest and can use in-kind contributions.

Full Legal Text

Title 43, §510a

Public Lands, Source: USLM XML via OLRC

(a)Guidelines and inspections
(1)Development of guidelines
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)Conduct of inspections
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)Treatment of costs
The costs incurred by the Secretary in conducting these inspections shall be nonreimbursable.
(b)Use of inspection data
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)Technical assistance to transferred works operating entities
(1)Authority of Secretary to provide technical assistance
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)Costs
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

Sep 22, 2026

Release point: 119-110