43 U.S.C. § 510b — Extraordinary operation and mainte-

Page 184 TITLE 43—PUBLIC LANDS § 510b technical assistance to accomplish the fol- lowing, if consistent with existing transfer contracts: (A) Development of documented operating procedures for a project facility. (B) Development of documented emer- gency notification and response procedures for a project facility. (C) Development of facility inspection cri- teria 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 work- force. (E) Development of a public outreach plan on the operation and risks associated with a project facility. (F) Development of any other plans or doc- umentation 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 bal- ance of such costs being advanced by the transferred works operating entity or other non-Federal source. The non-Federal 50 per- cent minimum cost share for such technical assistance may be in the form of in-lieu con- tributions of resources by the transferred works operating entity or other non-Federal source. (Pub. L. 111–11, title IX, § 9602, Mar. 30, 2009, 123 Stat. 1347.) § 510b. Extraordinary operation and mainte- nance work performed by the Secretary (a) In general The Secretary or the transferred works oper- ating entity may carry out, in accordance with subsection (b) and consistent with existing transfer contracts, any extraordinary operation and maintenance work on a project facility that the Secretary determines to be reasonably re- quired to preserve the structural safety of the project facility. (b) Reimbursement of costs arising from extraor- dinary operation and maintenance work (1) Treatment of costs For reserved works, costs incurred by the Secretary in conducting extraordinary oper- ation and maintenance work will be allocated to the authorized reimbursable purposes of the project and shall be repaid within 50 years, with interest, from the year in which work un- dertaken pursuant to this subchapter is sub- stantially complete. (2) Authority of Secretary For transferred works, the Secretary is au- thorized to advance the costs incurred by the transferred works operating entity in con- ducting extraordinary operation and mainte- nance work and negotiate appropriate 50-year repayment contracts with project bene- ficiaries providing for the return of reimburs- able costs, with interest, under this sub- section: Provided, however, That no contract entered into pursuant to this subchapter shall be deemed to be a new or amended contract for the purposes of section 390cc(a) of this title. (3) Determination of interest rate The interest rate used for computing inter- est on work in progress and interest on the un- paid balance of the reimbursable costs of ex- traordinary operation and maintenance work authorized by this subchapter shall be deter- mined by the Secretary of the Treasury, as of the beginning of the fiscal year in which ex- traordinary operation and maintenance work is commenced, on the basis of average market yields on outstanding marketable obligations of the United States with the remaining peri- ods of maturity comparable to the applicable reimbursement period of the project, adjusted to the nearest 1⁄8 of 1 percent on the unamortized balance of any portion of the loan. (c) Emergency extraordinary operation and maintenance work (1) In general The Secretary or the transferred works oper- ating entity shall carry out any emergency ex- traordinary operation and maintenance work on a project facility that the Secretary deter- mines to be necessary to minimize the risk of imminent harm to public health or safety, or property. (2) Reimbursement The Secretary may advance funds for emer- gency extraordinary operation and mainte- nance work and shall seek reimbursement from the transferred works operating entity or benefitting entity upon receiving a written as- surance from the governing body of such enti- ty that it will negotiate a contract pursuant to this section for repayment of costs incurred by the Secretary in undertaking such work. (3) Funding If the Secretary determines that a project facility inspected and maintained pursuant to the guidelines and criteria set forth in section 510a(a) of this title requires extraordinary op- eration and maintenance pursuant to para- graph (1), the Secretary may provide Federal funds on a nonreimbursable basis sufficient to cover 35 percent of the cost of the extraor- dinary operation and maintenance allocable to the transferred works operating entity, which is needed to minimize the risk of imminent harm. The remaining share of the Federal funds advanced by the Secretary for such work shall be repaid under subsection (b). (d) Aging Infrastructure Account (1) Establishment There is established in the general fund of the Treasury a special account, to be known as the ‘‘Aging Infrastructure Account’’ (referred to in this subsection as the ‘‘Account’’), to provide funds to, and provide for the extended repayment of the funds by, a transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs for the conduct of extraordinary oper- Page 185 TITLE 43—PUBLIC LANDS § 510b ation and maintenance work at a project facil- ity, which shall consist of— (A) any amounts that are specifically ap- propriated to the Account under section 510d of this title; and (B) any amounts deposited in the Account under paragraph (3)(B). (2) Expenditures Subject to paragraphs (3) and (6), the Sec- retary may expend amounts in the Account to fund and provide for extended repayment of the funds for eligible projects identified in a report submitted under paragraph (5)(B). (3) Repayment contract (A) In general The Secretary may not expend amounts under paragraph (2) with respect to an eligi- ble project described in that paragraph un- less the transferred works operating entity or project beneficiary responsible for repay- ment of reimbursable costs has entered into a contract to repay the amounts under sub- section (b)(2). (B) Deposit of repaid funds Amounts repaid by a transferred works op- erating entity or project beneficiary respon- sible for repayment of reimbursable costs re- ceiving funds under a repayment contract entered into under this subsection shall be deposited in the Account and shall be avail- able to the Secretary for expenditure, sub- ject to paragraph (6), in accordance with this subsection, and without further appropria- tion. (4) Application for funding (A) In general Beginning with fiscal year 2022, not less than once per fiscal year, the Secretary shall accept, during an application period es- tablished by the Secretary, applications from transferred works operating entities or project beneficiaries responsible for pay- ment of reimbursable costs for funds and ex- tended repayment for eligible projects. (B) Eligible project A project eligible for funding and extended repayment under this subsection is a project that— (i) qualifies as an extraordinary oper- ation and maintenance work under this section; (ii) is for the major, non-recurring main- tenance of a mission-critical asset; and (iii) is not eligible to be carried out or funded under the repayment provisions of section 508(c) of this title. (C) Guidelines for applications Not later than 60 days after December 27, 2020, the Secretary shall issue guidelines de- scribing the information required to be pro- vided in an application for funds and ex- tended repayment under this subsection that require, at a minimum— (i) a description of the project for which the funds are requested; (ii) the amount of funds requested; (iii) the repayment period requested by the transferred works operating entity or project beneficiary responsible for repay- ment of reimbursable costs; (iv) alternative non-Federal funding op- tions that have been evaluated; (v) the financial justification for re- questing an extended repayment period; and (vi) the financial records of the trans- ferred works operating entity or project beneficiary responsible for repayment of reimbursable costs. (D) Review by the Secretary The Secretary shall review each applica- tion submitted under subparagraph (A)— (i) to determine whether the project is eligible for funds and an extended repay- ment period under this subsection; (ii) to determine if the project has been identified by the Bureau of Reclamation as part of the major rehabilitation and re- placement of a project facility; and (iii) to conduct a financial analysis of— (I) the project; and (II) repayment capability of the trans- ferred works operating entity or project beneficiary responsible for repayment of reimbursable costs. (5) Report Not later than 90 days after the date on which an application period closes under para- graph (4)(A), the Secretary shall submit to the Committees on Energy and Natural Resources and Appropriations of the Senate and the Committees on Natural Resources and Appro- priations of the House of Representatives a re- port that— (A) describes the results of the Secretary’s review of each application under paragraph (4)(D), including a determination of whether the project is eligible; (B) identifies each project eligible for funds and extended repayment under this subsection; (C) with respect to each eligible project identified under subparagraph (B), includes— (i) a description of— (I) the eligible project; (II) the anticipated cost and duration of the eligible project; (III) any remaining engineering or en- vironmental compliance that is required before the eligible project commences; (IV) any recommendations the Sec- retary may have concerning the plan or design of the project; and (V) any conditions the Secretary may require for construction of the project; (ii) an analysis of— (I) the repayment period proposed in the application; and (II) if the Secretary recommends a minimum necessary repayment period that is different than the repayment pe- riod proposed in the application, the minimum necessary repayment period recommended by the Secretary; and (iii) an analysis of alternative non-Fed- eral funding options; Page 186 TITLE 43—PUBLIC LANDS § 510c (D) describes the allocation of funds from deposits into the Account under paragraph (3)(B); and (E) describes the balance of funds in the Account as of the date of the report. (6) Alternative allocation (A) In general Appropriations Acts may provide for alter- nate allocation of amounts reported pursu- ant to paragraph (5)(D) that are made avail- able under this subsection. (B) Allocation by Secretary (i) No alternate allocations If Congress has not enacted legislation establishing alternate allocations by the date on which the Act making full-year appropriations for energy and water devel- opment and related agencies for the appli- cable fiscal year is enacted into law, amounts made available under paragraph (1) shall be allocated by the Secretary. (ii) Insufficient alternate allocations If Congress enacts legislation estab- lishing alternate allocations for amounts made available under paragraph (1) that are less than the full amount appropriated under that paragraph, the difference be- tween the amount appropriated and the al- ternate allocation shall be allocated by the Secretary. (7) Effect of subsection Nothing in this subsection affects— (A) any funding provided, or contracts en- tered into, under subsection (a) before De- cember 27, 2020; or (B) the use of funds otherwise made avail- able to the Secretary to carry out subsection (a). (Pub. L. 111–11, title IX, § 9603, Mar. 30, 2009, 123 Stat. 1348; Pub. L. 116–260, div. FF, title XI, § 1101, Dec. 27, 2020, 134 Stat. 3221.) Editorial Notes AMENDMENTS 2020—Subsec. (d). Pub. L. 116–260 added subsec. (d). § 510c. Relationship to Twenty-First Century Water Works Act Nothing in this subchapter shall preclude a transferred works operating entity from apply- ing and receiving a loan-guarantee pursuant to the Twenty-First Century Water Works Act [43 U.S.C. 2421 et seq]. (Pub. L. 111–11, title IX, § 9604, Mar. 30, 2009, 123 Stat. 1349.) Editorial Notes REFERENCES IN TEXT The Twenty-First Century Water Works Act, referred to in text, is title II of Pub. L. 109–451, Dec. 22, 2006, 120 Stat. 3356, which is classified generally to subchapter II (§ 2421 et seq.) of chapter 42 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2401 of this title and Tables. § 510d. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this sub- chapter. (Pub. L. 111–11, title IX, § 9605, Mar. 30, 2009, 123 Stat. 1349.) SUBCHAPTER XII—CONTRACTS WITH STATE IRRIGATION DISTRICTS FOR PAY- MENT OF CHARGES § 511. Authority to contract with irrigation dis- trict In carrying out the purposes of the Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof and supplementary thereto and known as the reclamation law, the Secretary of the In- terior may enter into contract with any legally organized irrigation district whereby such irri- gation district shall agree to pay the moneys re- quired to be paid to the United States, and in such event water-right applications on the part of landowners and entrymen, in the discretion of the Secretary of the Interior, may be dispensed with. In the event of such contract being made with an irrigation district, the Secretary of the Interior, in his discretion, may contract that the payments, both for the construction of irri- gation works and for operation and mainte- nance, on the part of the district shall be made upon such dates as will best conform to the dis- trict and taxation laws of the respective States under which such irrigation districts shall be formed, and if he deem it advisable he may con- tract for such penalties or interest charges in case of delinquency in payments as he may deem proper and consistent with such State laws, not- withstanding the provisions of sections 471, 472, 475, 478 to 481, 492, 493, 494 to 497 and 499 of this title. The Secretary of the Interior may accept a partial payment of the amount due from any district to the United States, providing such ac- ceptance shall not constitute a waiver of the balance remaining due nor the interest or pen- alties, if any, accruing upon said balance: Pro- vided, That no contract with an irrigation dis- trict under this section and sections 512 and 513 of this title shall be binding on the United States until the proceedings on the part of the district for the authorization of the execution of the contract with the United States shall have been confirmed by decree of a court of com- petent jurisdiction, or pending appellate action if ground for appeal be laid. (May 15, 1922, ch. 190, § 1, 42 Stat. 541.) Editorial Notes REFERENCES IN TEXT Act of June 17, 1902, referred to in text, is popularly known as the Reclamation Act, which is classified gen- erally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables. § 512. Release of Government liens after contract with irrigation districts Patents and water-right certificates which shall be issued after May 15, 1922, under the terms of subchapter XIV of this chapter, for