43 U.S.C. § 510

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 510 - Definitions

In this subchapter:

(1) Inspection

The term "inspection" means an inspection of a project facility carried out by the Secretary-

(A) to assess and determine the general condition of the project facility; and

(B) to estimate the value of property, and the size of the population, that would be at risk if the project facility fails, is breached, or otherwise allows flooding to occur.

(2) Project facility

The term "project facility" means any part or incidental feature of a project, excluding high- and significant-hazard dams, constructed under the Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act ( 43 U.S.C. 371 et seq.) ¹.

(3) Reserved works

The term "reserved works" mean ² any project facility at which the Secretary carries out the operation and maintenance of the project facility.

(4) Secretary

The term "Secretary" means the Secretary of the Interior, acting through the Commissioner of Reclamation.

(5) Transferred works

The term "transferred works" means a project facility, the operation and maintenance of which is carried out by a non-Federal entity, under the provisions of a formal operation and maintenance transfer contract.

(6) Transferred works operating entity

The term "transferred works operating entity" means the organization which is contractually responsible for operation and maintenance of transferred works.

(7) Extraordinary operation and maintenance work

The term "extraordinary operation and maintenance work" means major, nonrecurring maintenance to Reclamation-owned or operated facilities, or facility components, that is-

(A) intended to ensure the continued safe, dependable, and reliable delivery of authorized project benefits; and

(B) greater than 10 percent of the contractor's or the transferred works operating entity's annual operation and maintenance budget for the facility, or greater than $100,000.

¹ So in original. Probably should be another closing parenthesis before the final period.

² So in original. Probably should be "means".

43 U.S.C. § 510

Pub. L. 111-11, title IX, §96019601,, 123 Stat. 1346.

EDITORIAL NOTES

REFERENCES IN TEXTAct of June 17, 1902 (32 Stat. 388, chapter 1093), referred to in par. (2), is popularly known as the Reclamation Act and is classified generally to chapter 12 (§371 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables.