33 U.S.C. § 2327a (NAVIGATION AND NAVIGABLE WATERS)
§ 2327a. Rehabilitation of Corps of Engineers constructed pump stations
(a) Definitions
In this section:
(1) Eligible pump station
The term “eligible pump station” means a pump station—
(A) constructed, in whole or in part, by the Corps of Engineers for flood risk management purposes;
(B) that the Secretary has identified as having a major deficiency; and
(C) the failure of which the Secretary has determined would impair the function of a flood risk management project constructed by the Corps of Engineers.
(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 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.
(Pub. L. 116–260, div. AA, title I, § 133, Dec. 27, 2020, 134 Stat. 2647.)
heading: Editorial Notes
heading: Codification
text: 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.
heading: Statutory Notes and Related Subsidiaries
heading: “Secretary” Defined
text: 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.