S. 2160 — Reported in Senate

II Calendar No. 586 118th CONGRESS 2d Session S. 2160 IN THE SENATE OF THE UNITED STATES June 22, 2023Mr. Risch (for himself, Mr. Crapo, and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources November 21, 2024Reported by Mr. Manchin, with an amendmentStrike out all after the enacting clause and insert the part printed in italic A BILL To amend the Omnibus Public Land Management Act of 2009 to authorize certain extraordinary operation and maintenance work for urban canals of concern. 1. Short title This Act may be cited as the Urban Canal Modernization Act. 2. Extraordinary operation and maintenance work performed by the Secretary of the Interior (a) Definitions Section 9601 of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 510) is amended— (1) by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (2), (3), (4), (5), (6), (7), and (1), respectively; (2) in paragraph (3) (as so redesignated), by striking et seq.) and inserting et seq.)); (3) in paragraph (4) (as so redesignated), by striking mean and inserting means; and (4) by adding at the end the following: (8) Urban canal of concern The term urban canal of concern means a transferred works or segment of a transferred works— (A) that is— (i) a canal reach, the failure of which would result in— (I) an estimated at-risk population of more than 100 individuals; or (II) an estimated property damage of more than $5,000,000; or (ii) a canal reach determined by the responsible Bureau of Reclamation regional or area office to be classified as an urban canal reach; and (B) with respect to which the Secretary determines, pursuant to the guidelines and criteria developed under section 9602(a), that if a failure were to occur, the failure would result in loss of life and property in the vicinity of the failed transferred works or segment of transferred works. . (b) Extraordinary maintenance and operation work on urban canal of concerns Section 9603 of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 510b) is amended by adding at the end the following: (e) Extraordinary operation and maintenance work on urban canals of concern (1) In general The Secretary or the transferred works operating entity shall carry out any extraordinary operation and maintenance work on an urban canal of concern that the transferred works operating entity, with the concurrence of the Secretary, determines to be necessary. (2) Funding In the case of extraordinary operation and maintenance work on an urban canal of concern authorized under paragraph (1), or if the Secretary determines that a project facility inspected and maintained pursuant to the guidelines and criteria set forth in section 9602(a) requires extraordinary operation and maintenance work pursuant to paragraph (1), the Secretary shall provide Federal funds on a nonreimbursable basis sufficient to cover 35 percent of the portion of total cost of the extraordinary operation and maintenance work allocable to the transferred works operating entity that is needed to carry out the extraordinary operation and maintenance work on the urban canal of concern, with the remaining share of any additional Federal funds advanced by the Secretary for the extraordinary operation and maintenance work to be repaid under subsection (b). (f) Reimbursable funds Any reimbursable funds provided under this section shall be considered to be a non-Federal source of funds for purposes of any cost-sharing requirement for a Federal grant. . 1. Short title This Act may be cited as the Urban Canal Modernization Act. 2. Extraordinary operation and maintenance work performed by the Secretary of the Interior (a) Definitions Section 9601 of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 510) is amended— (1) by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (2), (3), (4), (5), (6), (7), and (1), respectively; (2) in paragraph (3) (as so redesignated), by striking et seq.) and inserting et seq.)); (3) in paragraph (4) (as so redesignated), by striking mean and inserting means; and (4) by adding at the end the following: (8) Urban canal of concern The term urban canal of concern means a transferred works or segment of a transferred works that is a canal reach— (A) the failure of which would result in an estimated at-risk population of more than 100 individuals, as determined by the Secretary, pursuant to the guidelines and criteria developed under section 9602(a); and (B) that is determined by the Secretary to be classified as an urban canal reach. . (b) Extraordinary operation and maintenance work on urban canals of concern Section 9603 of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 510b) is amended— (1) in subsection (a)— (A) by striking (a) and all that follows through The Secretary and inserting the following: (a) Authorization (1) Project facilities The Secretary ; and (B) by adding at the end the following: (2) Urban canals of concern The Secretary or the transferred works operating entity may carry out, in accordance with subsection (b), any extraordinary operation and maintenance work on an urban canal of concern that the Secretary determines to be necessary pursuant to the guidelines and criteria set forth in section 9602(a). ; (2) in subsection (b)— (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following: (3) Urban canals of concern Except in the case of emergency extraordinary operation and maintenance work carried out under subsection (c), of the total costs of extraordinary operation and maintenance work on an urban canal of concern conducted under subsection (a)(2)— (A) 25 percent shall be provided by the Secretary on a nonreimbursable basis; (B) 10 percent shall be provided by the applicable State or political subdivision of the applicable State in which the extraordinary operation and maintenance work is being conducted; and (C) the remaining amounts shall be advanced by the Secretary in accordance with paragraph (2), to be repaid by the transferred works operating entity in accordance with that paragraph. ; and (3) in subsection (d)— (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following: (7) Limitation for urban canals of concern Not more than $300,000,000 shall be made available from the Account to pay the Federal costs of extraordinary operation and maintenance work on urban canals of concern conducted under section (a)(2), unless an appropriations Act provides funds for payment of Federal costs for such purposes in excess of that amount. . November 21, 2024Reported with an amendment