Overview
Title
To amend the Omnibus Public Land Management Act of 2009 to authorize certain extraordinary operation and maintenance work for urban canals of concern.
ELI5 AI
The bill wants to set aside money to fix urban canals that could be dangerous if they break. It says who will pay for the repairs and how much, trying to make sure everyone helps share the cost responsibly.
Summary AI
The bill, S. 2160, is known as the “Urban Canal Modernization Act.” It aims to modify the Omnibus Public Land Management Act of 2009 to permit special operational and maintenance activities for certain urban canals deemed to be at risk. The bill defines an "urban canal of concern" as one that, if it were to fail, could threaten a large number of people or cause significant property damage. It describes how funding for these canal projects will be allocated, including federal and state contributions.
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AnalysisAI
The proposed legislation, known as the "Urban Canal Modernization Act," aims to amend the Omnibus Public Land Management Act of 2009. Its primary focus is to address the operation and necessary maintenance of canals in urban areas that are considered at risk, known as "urban canals of concern." This bill delegates responsibility to the Secretary of the Interior and authorizes federal financial support to prevent potential failures of these infrastructures, which could endanger human lives and property.
General Summary of the Bill
The "Urban Canal Modernization Act" is designed to enhance the management and maintenance of urban canals that pose potential risks to public safety if they fail. The bill sets out a framework for identifying these canals, authorizing vital maintenance work, and providing a financial mechanism to help cover associated costs. Notably, the federal government would cover 35% of the costs for maintenance on a nonreimbursable basis, with additional financial responsibilities placed on states, local entities, and potentially the canal operators themselves. The legislation, importantly, sets a cap of $300 million for federal spending unless more funds are authorized through a separate appropriations process.
Significant Issues
One substantial issue with the bill is the criteria used to determine what constitutes an "urban canal of concern." This definition relies significantly on subjective assessments by regional Bureau of Reclamation offices, which may lead to inconsistencies in classification and application across different areas. Another concern involves the financial provisions and cost-sharing requirements. Although the bill outlines a 35% federal contribution, it leaves some ambiguity regarding how the remaining costs will be distributed and potentially managed.
Additionally, the required 10% contribution from local governments could strain their budgets, especially in less affluent areas, resulting in uneven impacts. The complexity of language in the bill, with its many cross-references to other sections and acts, may also complicate understanding and accessibility for those without legal expertise.
Broad Public Impact
The bill could have wide-ranging implications for urban communities and regions with significant canal infrastructure. By facilitating the maintenance of vital waterway infrastructure, it has the potential to enhance public safety, protect property, and stabilize local economies that rely on these canals.
On the downside, the subjective nature of determining which canals are of concern could lead to unequal prioritization. Some communities might receive more federal support than others based on potentially inconsistent criteria. Additionally, local governments struggling to meet the financial contribution requirements might face challenges in participating, which could be problematic in urban areas with constrained budgets.
Impact on Specific Stakeholders
For the federal government and its entities, particularly the Department of the Interior and the Bureau of Reclamation, this bill creates additional responsibilities and potential logistical challenges. Ensuring fairness and consistency in implementing the bill's provisions will be crucial to its success.
Local governments might view the requirement for financial contribution as burdensome, especially if they have limited capacity to raise additional funds. This could disproportionately affect smaller or economically disadvantaged communities, potentially exacerbating existing inequities.
On the positive side, stakeholders like urban residents living near potentially hazardous canals could benefit significantly from increased safety and reduced risk of property damage. For these individuals, the act represents a proactive approach towards enhancing infrastructure and public welfare. Overall, while the bill articulates a commendable goal of infrastructure improvement, careful attention to its implementation details and their potential inequitable impacts will be vital to its success.
Financial Assessment
The Urban Canal Modernization Act, identified as Bill S. 2160, proposes significant amendments to the financial responsibilities and funding allocations associated with the maintenance and operation of urban canals that are categorized as being of particular concern. This bill outlines specific financial contributions and potential implications for both federal and state entities.
Financial Contributions
One of the primary financial provisions stipulated in this bill is the allocation of 35% of the total cost for extraordinary operation and maintenance work on urban canals of concern to be covered by federal funds on a nonreimbursable basis. This contribution will assist in managing immediate financial burdens on the entities responsible for operating these canals. Additionally, the bill mandates a 10% contribution by the applicable state or political subdivision where the work is being conducted. The remaining balance of costs is to be managed through advances provided by the Secretary, which are to be repaid by the entities operating the transferred works.
Financial Limits
The bill also sets a cap on federal expenditure, limiting it to a maximum of $300,000,000 from the Account, for covering federal costs related to urban canal concerns unless further funds are approved through an appropriations act. This financial restriction seeks to maintain budgetary discipline and ensure fiscal responsibility in the handling of public funds allocated to urban canal management.
Issues Related to Financial Provisions
The financial implications laid out in the bill intersect with several issues identified in its detailed assessment:
Subjective Determinations: Since the authorization of funds largely depends on the classification of canals by the Bureau of Reclamation, there is a potential for inconsistency due to the lack of clear and standardized criteria. This leaves room for inequitable distribution of funds across different regions, which may result in some areas being unfairly prioritized over others.
Financial Burden on Smaller Jurisdictions: The mandatory 10% contribution requirement for states or local subdivisions might impose a significant financial challenge, particularly for less affluent or smaller jurisdictions. These areas might lack the budgetary flexibility to contribute to such projects, potentially exacerbating inequities among regions and creating disparities in canal maintenance and safety.
Unclear Guidelines for Financial Management: The term "extraordinary operation and maintenance work" is not sufficiently defined, and the absence of clear guidelines or oversight mechanisms might lead to potential discrepancies or favoritism in funding distribution. Without stringent criteria, managing the monetary aspects of these operations adequately could pose a challenge.
Conclusion
In conclusion, while the Urban Canal Modernization Act endeavors to allocate funding for essential infrastructure maintenance effectively, the financial contributions and limitations it outlines could lead to disparities and challenges in allocating resources equitably. It is crucial for further guidelines and clearer definitions to be established, ensuring that financial resources are managed efficiently and equitably, providing benefit where the need is greatest and justified.
Issues
The definition of 'urban canal of concern' in Section 2 relies on subjective determinations by the Bureau of Reclamation regional or area office, leading to potential inconsistencies and lack of clear criteria, which may result in unequal treatment of canals across regions.
Section 2 allows 35% nonreimbursable federal funding for extraordinary operation and maintenance work without clear criteria on funding distribution or management of the remaining costs, potentially leading to financial mismanagement and inequity among stakeholders.
The term 'extraordinary operation and maintenance work' lacks clear guidelines or oversight mechanisms in Section 2, creating potential for discrepancies, mismanagement, and favoritism in its application.
Section 2 imposes a financial burden on local governments by requiring a 10% cost contribution for some works, which could be challenging for smaller or less affluent jurisdictions, leading to inequity.
Complex legal language and numerous cross-references to other acts and sections in Section 2 make it difficult for stakeholders and the general public to easily understand the implications of the bill without legal assistance, reducing transparency.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of this act gives it the official name, "Urban Canal Modernization Act."
2. Extraordinary operation and maintenance work performed by the Secretary of the Interior Read Opens in new tab
Summary AI
The text amends the Omnibus Public Land Management Act of 2009 to define an "urban canal of concern" and to mandate that the Secretary of the Interior or another responsible entity performs necessary maintenance on such canals if their failure could lead to significant danger to people or property. It also outlines the funding structure, specifying that the federal government will cover 35% of the costs for these maintenance activities, which aren't to be reimbursed, with additional costs handled under a separate reimbursement agreement.
Money References
- (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. Short title Read Opens in new tab
Summary AI
The Urban Canal Modernization Act is the official name of this piece of legislation.
2. Extraordinary operation and maintenance work performed by the Secretary of the Interior Read Opens in new tab
Summary AI
The section of the bill amends existing law to address "urban canals of concern," allowing the Secretary of the Interior to authorize necessary maintenance work on these canals and outlining a cost-sharing arrangement where the federal government, states, and local entities share the financial responsibilities. There is a funding cap of $300 million for federal costs, unless additional funds are approved by a separate appropriations act.
Money References
- (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 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).”; (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) 25 percent shall be provided by the Secretary on a nonreimbursable basis; “(B) 10 percent shall be provided by the applicable State or political subdivision of the applicable State in which the extraordinary operation and maintenance work is being conducted; and “(C) 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) in subsection (d)— (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following: “(7) LIMITATION FOR URBAN CANALS OF CONCERN.—Not more than $300,000,000 shall be made available from the Account to pay the Federal costs of extraordinary operation and maintenance work on urban canals of concern conducted under section (a)(2), unless an appropriations Act provides funds for payment of Federal costs for such purposes in excess of that amount.”. ---