Urban Canal Modernization Act

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) by arranging the redesignated paragraphs in numerical order;

(3) in paragraph (3) (as so redesignated), by striking et seq.) and inserting et seq.));

(4) in paragraph (4) (as so redesignated), by striking mean and inserting means; and

(5) by adding at the end the following:

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.

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:

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.

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).

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.