123STA T . 13 47PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(B)great ert h a n10p er c ent of the contractor ’s or the transferre dw or k s operat i ng entit y ’s ann u a l operation and m aintenance b udget for the facility , or greater than $ 100,000 .SEC.9602 . GUID E L I N ES A ND INS P EC T I O NO F P R O J ECT FACILITIES AND TEC H NICAL ASSISTANCE TO TRANSFERRED W OR K S OPERATING ENTITIES. (a) GUIDEL I N E SA ND I NS P E CT I O NS. — (1) D E V ELOP M ENT O FG UIDELINES.— N ot later than 1 year after the date of enactment of this A ct, the S ecretary in con - sultation with transferred works operating entities shall de v elop, consistent with e x isting transfer contracts, specific inspection guidelines for pro j ect facilities which are in proximity to urbani z ed areas and which could pose a risk to public safety or property damage if such project facilities were to fail. ( 2 ) C ONDUCT OF INSPECTIONS.—Not later than 3 years after the date of enactment of this Act, the Secretary shall conduct inspections of those project facilities, which are in proximity to urbanized areas and which could pose a risk to public safety or property damage if such facilities were to fail, using such specific inspection guidelines and criteria developed pursuant to paragraph (1). In selecting project facilities to inspect, the Secretary shall take into account the potential magnitude of public safety and economic damage posed by each project facility. (3) TR EATMENT OF COSTS.—The costs incurred by the Sec- retary in conducting these inspections shall be nonreimburs- able. (b) U SE OF INSPECTION DATA.—The Secretary shall use the data collected through the conduct of the inspections under sub- section (a)(2) to— (1) provide recommendations to the transferred works oper- ating entities for improvement of operation and maintenance processes, operating procedures including operation guidelines consistent with existing transfer contracts, and structural modi- fications to those transferred works
(2) determine an appropriate inspection fre q uency for such nondam project facilities which shall not exceed 6 years; and (3) provide, upon request of transferred work operating entities, local governments, or State agencies, information regarding potential hazards posed by existing or proposed resi- dential, commercial, industrial or public-use development adja- cent to project facilities. (c) TEC H NICAL ASSISTANCE TO TRANSFERRED W OR K S O PERATING E NTITIES.— (1) AUTHORIT Y OF SECRETARY TO PROVIDE TECHNICAL ASSISTANCE.—The Secretary is authorized, at the request of a transferred works operating entity in proximity to an urban- ized area, to provide technical assistance to accomplish the following, if consistent with existing transfer contracts
(A) Development of documented operating procedures for a project facility. (B) Development of documented emergency notification and response procedures for a project facility. (C) Development of facility inspection criteria for a project facility. Det e rmina ti o n .R e c ommen d a - tion s . Dead l ines. 43USC510 a.
