Urban Canal Modernization Act

Urban Canal Modernization Act

This bill expands the Bureau of Reclamation's responsibility under the Omnibus Public Land Management Act of 2009 to address aging irrigation and water resources infrastructure in western states to include additional work for urban canals of concern.

Specifically, the bill directs Reclamation or the operating entity of a transferred work (i.e., infrastructure owned by Reclamation, but maintained by a nonfederal entity) to carry out any necessary extraordinary operation and maintenance work for urban canals of concern, which are certain transferred works the failure of which would result in loss of life and property in the vicinity of the canal.

Reclamation must also provide federal funds to transferred works on a nonreimbursable basis sufficient to cover 35% of the cost of extraordinary operation and maintenance work for (1) urban canals of concern, and (2) certain project facilities which are in proximity to urbanized areas and which could pose a risk to public safety or property if the facilities failed.

The bill further specifies that any reimbursable funds provided under the bill must be considered a nonfederal source of funds for purposes of federal grant cost-sharing requirements. 

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6107 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 6107

 To amend the Omnibus Public Land Management Act of 2009 to authorize 
 certain extraordinary operation and maintenance work for urban canals 
                              of concern.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 26, 2023

Mr. Simpson (for himself, Mr. Fulcher, and Mr. Newhouse) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Urban Canal Modernization Act''.

SEC. 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.''.
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