Sec. 1040. Rehabilitation of flood control pump stations affecting Corps of Engineers flood risk management projects
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/bill/116/s/3591/is/section-1040A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term eligible pump station means a pump station— that— has been constructed, in whole or in part, by the Corps of Engineers for flood risk management purposes; or that has been constructed by non-Federal interests; and the failure of which would impair the function of a flood risk management project constructed by the Corps of Engineers. The term rehabilitate , 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.
The term rehabilitate , with respect to an eligible pump station, includes— the incorporation into the eligible pump station of— current design standards; efficiency improvements; and associated drainage; and increasing the capacity of the eligible pump station, subject to the condition that the increase shall— significantly decrease the risk of loss of life and property damage; or decrease total lifecycle rehabilitation costs for the eligible pump station. The Secretary may carry out rehabilitation of an eligible pump station, if the Secretary determines that the rehabilitation is feasible.
The non-Federal share of the cost of rehabilitation carried out pursuant to this section at an eligible pump station constructed by the Corps of Engineers shall be the equal to the non-Federal share that was applicable to construction of the eligible pump station. A non-Federal interest shall provide— an amount equal to 35 percent of the cost of any rehabilitation carried out pursuant to this section for a locally constructed eligible pump station; and all land, easements, rights-of-way, and necessary relocations associated with the rehabilitation described in subparagraph (A), at no cost to the Federal Government.
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— to pay the non-Federal share of the costs of rehabilitation under subsection (c); and to pay 100 percent of the operation and maintenance costs of the rehabilitated eligible pump station, in accordance with regulations promulgated by the Secretary. 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.
There is authorized to be appropriated to carry out this section $75,000,000, to remain available until expended.