Urban Canal Modernization Act

This Act may be cited as the “Urban Canal Modernization Act”.

(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, and moving the paragraphs so as to appear in numerical order;

(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).”; and

(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) 35 percent shall be provided by the Secretary on a nonreimbursable basis; and

(B) 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) by adding at the end the following:

“(e) 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.”.

“(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; and

(B) 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.”.