Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
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59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title: "33 U.S.C. § 2202"
description: "Non-Federal engagement and review"
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title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
chapter_number: "36"
chapter_name: "WATER RESOURCES DEVELOPMENT"
section: "2202"
citation: "33 U.S.C. § 2202"
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# 33 U.S.C. § 2202 - Non-Federal engagement and review
## Text
(a) Issuance The Secretary shall expeditiously issue guidance to implement each covered provision of law in accordance with this section.
(b) Public notice (1) In general Prior to developing and issuing any new or revised implementation guidance for a covered water resources development law, the Secretary shall issue a public notice that—
(A) informs potentially interested non-Federal stakeholders of the Secretarys intent to develop and issue such guidance; and
(B) provides an opportunity for interested non-Federal stakeholders to engage with, and provide input and recommendations to, the Secretary on the development and issuance of such guidance.
(2) Issuance of notice The Secretary shall issue the notice under paragraph (1) through a posting on a publicly accessible website dedicated to providing notice on the development and issuance of implementation guidance for a covered water resources development law.
(c) Stakeholder engagement (1) Input The Secretary shall allow a minimum of 60 days after issuance of the public notice under subsection (b) for non-Federal stakeholders to provide input and recommendations to the Secretary, prior to finalizing implementation guidance for a covered water resources development law.
(2) Outreach The Secretary may, as appropriate (as determined by the Secretary), reach out to non-Federal stakeholders and circulate drafts of implementation guidance for a covered water resources development law for informal input and recommendations.
(d) Submission The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a copy of all input and recommendations received pursuant to subsection (c) and a description of any consideration of such input and recommendations.
(e) Development of guidance When developing implementation guidance for a covered water resources development law, the Secretary shall take into consideration the input and recommendations received from non-Federal stakeholders, and make the final guidance available to the public on the publicly accessible website described in subsection (b)(2).
(f) Definitions In this section:
(1) Covered provision of law The term “covered provision of law” means a provision of law under the jurisdiction of the Secretary contained in, or amended by, a covered water resources development law, with respect to which—
(A) the Secretary determines guidance is necessary in order to implement the provision; and
(B) no such guidance has been issued as of October 23, 2018.
(2) Covered water resources development law The term “covered water resources development law” means—
(A) the Water Resources Reform and Development Act of 2014;
(B) the Water Resources Development Act of 2016;
(C) this Act; and
(D) any Federal water resources development law enacted after October 23, 2018.
(Pub. L. 115270, title I, § 1105, Oct. 23, 2018, 132 Stat. 3772.)
## Notes
Editorial Notes
References in TextThe Water Resources Reform and Development Act of 2014, referred to in subsec. (f)(2)(A), is Pub. L. 113121, June 10, 2014, 128 Stat. 1193. For complete classification of this Act to the Code, see Short Title of 2014 Amendment note set out under section 2201 of this title and Tables. The Water Resources Development Act of 2016, referred to in subsec. (f)(2)(B), is title I of Pub. L. 114322, Dec. 16, 2016, 130 Stat. 1632. For complete classification of this Act to the Code, see Short Title of 2016 Amendment note set out under section 2201 of this title and Tables. This Act, referred to in subsec. (f)(2)(C), probably means title I of Pub. L. 115270, Oct. 23, 2018, 132 Stat. 3768, known as the Water Resources Development Act of 2018. For complete classification of this Act to the Code, see Short Title of 2018 Amendment note set out under section 2201 of this title and Tables.
Codification Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the Americas Water Infrastructure Act of 2018, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Non-Federal Interest Advisory CommitteePub. L. 117263, div. H, title LXXXI, § 8150, Dec. 23, 2022, 136 Stat. 3731, provided that: “(a) In General.—Not later than 90 days after the date of enactment of this Act [Dec. 23, 2022], the Secretary [of the Army] shall establish a committee, to be known as the Non-Federal Interest Advisory Committee and referred to in this section as the Committee, to develop and make recommendations to the Secretary and the Chief of Engineers on activities and actions that should be undertaken by the Corps of Engineers to ensure more effective and efficient delivery of water resources development projects, programs, and other assistance. “(b) Membership.—“(1) In general.—The Committee shall be composed of the members described in paragraph (2), who shall—“(A) be appointed by the Secretary; and “(B) have the requisite experiential or technical knowledge needed to address issues related to water resources needs and challenges. “(2) Representatives.—The members of the Committee shall include the following:“(A) 1 representative of each of the following:“(i) A non-Federal interest for a project for navigation for an inland harbor. “(ii) A non-Federal interest for a project for navigation for a harbor. “(iii) A non-Federal interest for a project for flood risk management. “(iv) A non-Federal interest for a project for coastal storm risk management. “(v) A non-Federal interest for a project for aquatic ecosystem restoration. “(B) 1 representative of each of the following:“(i) A non-Federal stakeholder with respect to inland waterborne transportation. “(ii) A non-Federal stakeholder with respect to water supply. “(iii) A non-Federal stakeholder with respect to recreation. “(iv) A non-Federal stakeholder with respect to hydropower. “(v) A non-Federal stakeholder with respect to emergency preparedness, including coastal protection. “(C) 1 representative of each of the following:“(i) An organization with expertise in conservation. “(ii) An organization with expertise in environmental policy. “(iii) An organization with expertise in rural water resources. “(c) Duties.—“(1) Recommendations.—The Committee shall provide advice and make recommendations to the Secretary and the Chief of Engineers to assist the Corps of Engineers in—“(A) efficiently and effectively delivering water resources development projects; “(B) improving the capability and capacity of the workforce of the Corps of Engineers to deliver such projects and other assistance; “(C) improving the capacity and effectiveness of Corps of Engineers consultation and liaison roles in communicating water resources needs and solutions, including regionally specific recommendations; and “(D) strengthening partnerships with non-Federal interests to advance water resources solutions. “(2) Meetings.—The Committee shall meet as appropriate to develop and make recommendations under paragraph (1). “(3) Report.—Recommendations made under paragraph (1) shall be—“(A) included in a report submitted to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and “(B) made publicly available, including on a publicly available website. “(d) Independent Judgment.—Any recommendation made by the Committee to the Secretary and the Chief of Engineers under subsection (c)(1) shall reflect the independent judgment of the Committee. “(e) Administration.—“(1) Compensation.—Except as provided in paragraph (2), the members of the Committee shall serve without compensation. “(2) Travel expenses.—The members of the Committee shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. “(3) Treatment.—The members of the Committee shall not be considered to be Federal employees, and the meetings and reports of the Committee shall not be considered a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).”
Implementation GuidancePub. L. 116260, div. AA, title II, § 223(d), Dec. 27, 2020, 134 Stat. 2696, provided that: “The Secretary [of the Army] shall expeditiously issue any guidance necessary to implement any provision of this Act [div. AA of Pub. L. 116260, see Tables for classification], including any amendments made by this Act, in accordance with section 1105 of the Water Resources Development Act of 2018 (33 U.S.C. 2202).”
“Secretary” Defined Secretary means the Secretary of the Army, see section 102 of Pub. L. 115270, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2203 - Review of contracting policies
## Text
(a) Review of contractual agreements (1) In general Not later than 180 days after December 27, 2020, the Secretary shall complete a review of the policies, guidelines, and regulations of the Corps of Engineers for the development of contractual agreements between the Secretary and non-Federal interests and utilities associated with the construction of water resources development projects.
(2) Report Not later than 90 days after completing the review under subsection (a)(1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and make publicly available, a report that includes—
(A) a summary of the results of the review; and
(B) public guidance on best practices for a non-Federal interest to use when writing or developing contractual agreements with the Secretary and utilities.
(3) Provision of guidance The Secretary shall provide the best practices guidance included under paragraph (2)(A) to non-Federal interests prior to the development of contractual agreements with such non-Federal interests.
(b) Sense of Congress It is the sense of Congress that the Secretary should maximize use of nonprice tradeoff procedures in competitive acquisitions for carrying out emergency work in an area with respect to which the President has declared a major disaster under section 5170 of title 42.
(Pub. L. 116260, div. AA, title I, § 136, Dec. 27, 2020, 134 Stat. 2649.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116260, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2211 - Harbors
## Text
(a) Construction (1) Payments during construction The non-Federal interests for a navigation project for a harbor or inland harbor, or any separable element thereof, on which a contract for physical construction has not been awarded before June 10, 2014, shall pay, during the period of construction of the project, the following costs associated with general navigation features:
(A) 10 percent of the cost of construction of the portion of the project which has a depth not in excess of 20 feet; plus
(B) 25 percent of the cost of construction of the portion of the project which has a depth in excess of 20 feet but not in excess of 55 feet; plus
(C) 50 percent of the cost of construction of the portion of the project which has a depth in excess of 55 feet.
(2) Additional 10 percent payment over 30 years The non-Federal interests for a project to which paragraph (1) applies shall pay an additional 10 percent of the cost of the general navigation features of the project in cash over a period not to exceed 30 years, at an interest rate determined pursuant to section 2216 of this title. The value of lands, easements, rights-of-way, and relocations provided under paragraph (3) and the costs of relocations borne by the non-Federal interests under paragraph (4) shall be credited toward the payment required under this paragraph.
(3) Lands, easements, and rights-of-way Except as provided under section 2283(c) of this title, the non-Federal interests for a project to which paragraph (1) applies shall provide the lands, easements, rights-of-way, and relocations (other than utility relocations under paragraph (4)) necessary for the project, including any lands, easements, rights-of-way, and relocations (other than utility relocations accomplished under paragraph (4)) that are necessary for dredged material disposal facilities.
(4) Utility relocations The non-Federal interests for a project to which paragraph (1) applies shall perform or assure the performance of all relocations of utilities necessary to carry out the project, except that in the case of a project for a deep-draft harbor and in the case of a project constructed by non-Federal interests under section 2232 of this title, one-half of the cost of each such relocation shall be borne by the owner of the facility being relocated and one-half of the cost of each such relocation shall be borne by the non-Federal interests.
(5) Dredged material disposal facilities for project construction In this subsection, the term “general navigation features” includes constructed land-based and aquatic dredged material disposal facilities that are necessary for the disposal of dredged material required for project construction and for which a contract for construction has not been awarded on or before October 12, 1996.
(b) Operation and maintenance (1) In general The Federal share of the cost of operation and maintenance of each navigation project for a harbor or inland harbor constructed by the Secretary pursuant to this Act or any other law approved after November 17, 1986, shall be 100 percent, except that in the case of a deep-draft harbor, the non-Federal interests shall be responsible for an amount equal to 50 percent of the excess of the cost of the operation and maintenance of such project over the cost which the Secretary determines would be incurred for operation and maintenance of such project if such project had a depth of 55 feet.
(2) Dredged material disposal facilities The Federal share of the cost of constructing land-based and aquatic dredged material disposal facilities that are necessary for the disposal of dredged material required for the operation and maintenance of a project and for which a contract for construction has not been awarded on or before October 12, 1996, shall be determined in accordance with subsection (a). The Federal share of operating and maintaining such facilities shall be determined in accordance with paragraph (1).
(c) Erosion or shoaling attributable to Federal navigation works Costs of constructing projects or measures for the prevention or mitigation of erosion or shoaling damages attributable to Federal navigation works shall be shared in the same proportion as the cost sharing provisions applicable to the project causing such erosion or shoaling. The non-Federal interests for the project causing the erosion or shoaling shall agree to operate and maintain such measures.
(d) Non-Federal payments during construction The amount of any non-Federal share of the cost of any navigation project for a harbor or inland harbor shall be paid to the Secretary. Amounts required to be paid during construction shall be paid on an annual basis during the period of construction, beginning not later than one year after construction is initiated.
(e) Agreement Before initiation of construction of a project to which this section applies, the Secretary and the non-Federal interests shall enter into a cooperative agreement according to the provisions of section 1962d5b of title 42. The non-Federal interests shall agree to—
(1) provide to the Federal Government lands, easements, and rights-of-way, including those necessary for dredged material disposal facilities, and perform the necessary relocations required for construction, operation, and maintenance of such project;
(2) hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors;
(3) provide to the Federal Government the non-Federal share of all other costs of construction of such project; and
(4) in the case of a deep-draft harbor, be responsible for the non-Federal share of operation and maintenance required by subsection (b) of this section.
(f) Consideration of funding requirements and equitable apportionment The Secretary shall ensure, to the extent practicable, that—
(1) funding requirements for operation and maintenance dredging of commercial navigation harbors are considered before Federal funds are obligated for payment of the Federal share of costs associated with the construction of dredged material disposal facilities in accordance with subsections (a) and (b);
(2) funds expended for such construction are apportioned equitably in accordance with regional needs; and
(3) use of a dredged material disposal facility designed, constructed, managed, or operated by a private entity is not precluded if, consistent with economic and environmental considerations, the facility is the least-cost alternative.
(Pub. L. 99662, title I, § 101, Nov. 17, 1986, 100 Stat. 4082; Pub. L. 100676, § 13(a), Nov. 17, 1988, 102 Stat. 4025; Pub. L. 102580, title III, § 333(b)(1), Oct. 31, 1992, 106 Stat. 4852; Pub. L. 104303, title II, § 201(a)(d), Oct. 12, 1996, 110 Stat. 3671, 3672; Pub. L. 113121, title II, § 2102(b), June 10, 2014, 128 Stat. 1278; Pub. L. 114322, title I, § 1111, Dec. 16, 2016, 130 Stat. 1636; Pub. L. 118272, div. A, title I, § 1117, Jan. 4, 2025, 138 Stat. 3012.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (b)(1), is Pub. L. 99662, Nov. 17, 1986, 100 Stat. 4082, as amended, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables.
Amendments2025—Subsec. (a)(1)(B), (C). Pub. L. 118272, § 1117(a), substituted “55 feet” for “50 feet”. Subsec. (b)(1). Pub. L. 118272, § 1117(b), substituted “55 feet” for “50 feet”. 2016—Subsec. (a)(1). Pub. L. 114322, § 1111(1), substituted “June 10, 2014,” for “November 17, 1986,” in introductory provisions. Subsec. (a)(1)(B). Pub. L. 114322, § 1111(2), substituted “50 feet” for “45 feet”. Subsec. (a)(1)(C). Pub. L. 114322, § 1111(3), substituted “50 feet” for “45 feet”. 2014—Subsec. (b)(1). Pub. L. 113121 substituted “50 feet” for “45 feet”. 1996—Subsec. (a)(2). Pub. L. 104303, § 201(a)(1), inserted last sentence and struck out former last sentence which read as follows: “The value of lands, easements, rights-of-way, relocations, and dredged material disposal areas provided under paragraph (3) and the costs of relocations borne by the non-Federal interests under paragraph (4) shall be credited toward the payment required under this paragraph.” Subsec. (a)(3). Pub. L. 104303, § 201(a)(2), inserted “and” after “rights-of-way,”, struck out “, and dredged material disposal areas” after “relocations under paragraph (4))”, and inserted before period at end “, including any lands, easements, rights-of-way, and relocations (other than utility relocations accomplished under paragraph (4)) that are necessary for dredged material disposal facilities”. Subsec. (a)(5). Pub. L. 104303, § 201(a)(3), added par. (5). Subsec. (b). Pub. L. 104303, § 201(b), designated existing provisions as par. (1), inserted heading, realigned margins, and substituted “by the Secretary pursuant to this Act or any other law approved after November 17, 1986” for “pursuant to this Act”, and added par. (2). Subsec. (e)(1). Pub. L. 104303, § 201(c), substituted “including those necessary for dredged material disposal facilities,” for “and to provide dredged material disposal areas”. Subsec. (f). Pub. L. 104303, § 201(d), added subsec. (f). 1992—Subsec. (a)(3). Pub. L. 102580 substituted “Except as provided under section 906(c), the non-Federal” for “The non-Federal”. 1988—Subsec. (a)(2). Pub. L. 100676 added par. (2) and struck out former par. (2) which read as follows: “The non-Federal interests for a project to which paragraph (1) applies shall pay an additional 10 percent of the cost of the general navigation features of the project in cash over a period not to exceed 30 years, at an interest rate determined pursuant to section 2216 of this title. The value of lands, easements, rights-of-way, relocations, and dredged material disposal areas provided under paragraph (3) shall be credited toward the payment required under this paragraph.”
Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentPub. L. 100676, § 13(b), Nov. 17, 1988, 102 Stat. 4026, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on November 17, 1986.”
Deep Draft Harbor Cost SharingPub. L. 10653, title IV, § 401, Aug. 17, 1999, 113 Stat. 322, provided that: “(a) In General.—The Secretary shall undertake a study of non-Federal cost-sharing requirements for the construction and operation and maintenance of deep draft harbor projects to determine whether—“(1) cost sharing adversely affects United States port development or domestic and international trade; and “(2) any revision of the cost-sharing requirements would benefit United States domestic and international trade. “(b) Recommendations.—“(1) In general.—Not later than May 30, 2001, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives any recommendations that the Secretary may have in light of the study under subsection (a). “(2) Considerations.—In making recommendations, the Secretary shall consider—“(A) the potential economic, environmental, and budgetary impacts of any proposed revision of the cost-sharing requirements; and “(B) the effect that any such revision would have on regional port competition.”
Amendment of Cooperation AgreementPub. L. 104303, title II, § 201(f), Oct. 12, 1996, 110 Stat. 3673, provided that: “If requested by the non-Federal interest, the Secretary shall amend a project cooperation agreement executed on or before the date of the enactment of this Act [Oct. 12, 1996] to reflect the application of the amendments made by this section [amending this section and section 2241 of this title] to any project for which a contract for construction has not been awarded on or before that date.”
Increases in Non-Federal Share of CostsPub. L. 104303, title II, § 201(g), Oct. 12, 1996, 110 Stat. 3673, provided that: “Nothing in this section [amending this section and section 2241 of this title and enacting provisions set out above] (including the amendments made by this section) shall increase, or result in the increase of, the non-Federal share of the costs of— “(1) expanding any confined dredged material disposal facility that is operated by the Secretary and that is authorized for cost recovery through the collection of tolls; “(2) any confined dredged material disposal facility for which the invitation for bids for construction was issued before the date of the enactment of this Act [Oct. 12, 1996]; and “(3) expanding any confined dredged material disposal facility constructed under section 123 of the River and Harbor Act of 1970 (33 U.S.C. 1293a) if the capacity of the confined dredged material disposal facility was exceeded in less than 6 years.”
Dredged Material Disposal Areas StudyPub. L. 102580, title II, § 216, Oct. 31, 1992, 106 Stat. 4832, directed Secretary to conduct a study on the need for changes in Federal law and policy with respect to dredged material disposal areas for construction and maintenance of harbors and inland harbors by Secretary and, not later than 18 months after Oct. 31, 1992, to transmit to Congress a report on the results of the study, together with recommendations of the Secretary.
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# 33 U.S.C. § 2211a - Preserving United States harbors
## Text
(a) In general Upon a request from a non-Federal interest, the Secretary shall review a report developed by the non-Federal interest that provides an economic justification for Federal investment in the operation and maintenance of a federally authorized harbor or inland harbor (referred to in this section as a “federally authorized harbor”).
(b) Justification of investment A report submitted under subsection (a) may provide for an economic justification of Federal investment in the operation and maintenance of a federally authorized harbor based on—
(1) the projected economic benefits, including transportation savings and job creation; and
(2) other factors, including navigation safety, national security, and sustainability of subsistence harbors.
(c) Written response Not later than 180 days after the date on which the Secretary receives a report under subsection (a), the Secretary shall provide to the non-Federal interest a written response to the report, including an assessment of the information provided by the non-Federal interest.
(d) Prioritization As the Secretary determines to be appropriate, the Secretary may use the information provided in the report under subsection (a) to justify additional operation and maintenance funding for a federally authorized harbor in accordance with section 2211(b) of this title.
(e) Limitation on statutory construction Nothing in this section may be construed to preclude the operation and maintenance of a federally authorized harbor under section 2211(b) of this title.
(Pub. L. 113121, title II, § 2107, June 10, 2014, 128 Stat. 1281.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2212 - Inland waterway transportation
## Text
(a) Construction 75 percent of the costs of construction—
(1) of each project authorized by title III of this Act,
(2) of the project authorized by section 652(j) of this title, and
(3) allocated to inland navigation for the project authorized by section 844 of this Act,
shall be paid only from amounts appropriated from the general fund of the Treasury. 25 percent of such costs shall be paid only from amounts appropriated from the Inland Waterways Trust Fund. For purposes of this subsection, the term “construction” shall include planning, designing, engineering, surveying, the acquisition of all lands, easements, and rights-of-way necessary for the project, including lands for disposal of dredged material, and relocations necessary for the project.
(b) Operation and maintenance The Federal share of the cost of operation and maintenance of any project for navigation on the inland waterways is 100 percent.
(c) Floodgates on the Inland Waterways (1) Operation and maintenance carried out by the Secretary Notwithstanding any other provision of law, the Secretary shall be responsible for the operation and maintenance, including repair, of any flood gate, as well as any pumping station constructed within the channel as a single unit with that flood gate, that—
(A) was constructed as of June 10, 2014, as a feature of an authorized hurricane and storm damage reduction project; and
(B) crosses an inland or intracoastal waterway described in section 1804 of this title.
(2) Non-Federal cost share The non-Federal share of the cost of operation, maintenance, repair, rehabilitation, and replacement of any structure under this subsection shall be 35 percent.
(d) Authorizations from general fund Any Federal responsibility—
(1) with respect to a project authorized by title III or section 652(j) of this title, or
(2) with respect to the portion of the project authorized by section 844 allocated to inland navigation,
which responsibility is not provided for in subsection (a) of this section shall be paid only from amounts appropriated from the general fund of the Treasury.
(Pub. L. 99662, title I, § 102, Nov. 17, 1986, 100 Stat. 4084; Pub. L. 113121, title II, § 2013, June 10, 2014, 128 Stat. 1271; Pub. L. 117263, div. H, title LXXXI, § 8157(a), Dec. 23, 2022, 136 Stat. 3738; Pub. L. 118272, div. A, title I, § 1126(a), Jan. 4, 2025, 138 Stat. 3018.)
## Notes
Editorial Notes
References in TextTitle III of this Act, referred to in subsecs. (a)(1) and (d)(1), is title III of Pub. L. 99662, Nov. 17, 1986, 100 Stat. 4109, consisting of sections 301 and 302. The projects authorized by title III probably mean the projects authorized by section 301 of Pub. L. 99662, which is not classified to the Code. Section 302 of Pub. L. 99662, which established the Inland Waterways Users Board, is classified to section 2251 of this title. Section 844 of this Act, referred to in subsecs. (a)(3) and (d)(2), is section 844 of Pub. L. 99662, Nov. 17, 1986, 100 Stat. 4177, which is not classified to the Code.
Amendments2025—Subsec. (a). Pub. L. 118272 substituted “75 percent of the costs” for “65 percent of the costs” in introductory provisions and “25 percent of such costs” for “35 percent of such costs” in concluding provisions. 2022—Subsec. (a). Pub. L. 117263 substituted “65 percent of the costs” for “One-half of the costs” in introductory provisions and “35 percent of such costs” for “One-half of such costs” in concluding provisions. 2014—Subsecs. (c), (d). Pub. L. 113121 added subsec. (c) and redesignated former subsec. (c) as (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2025 AmendmentPub. L. 118272, div. A, title I, § 1126(b), Jan. 4, 2025, 138 Stat. 3018, provided that: “The amendments made by subsection (a) [amending this section] shall apply beginning on October 1, 2024, to any construction of a project for navigation on the inland waterways that is new or ongoing on or after that date.”
Effective Date of 2022 AmendmentPub. L. 117263, div. H, title LXXXI, § 8157(b), Dec. 23, 2022, 136 Stat. 3738, provided that: “The amendments made by subsection (a) [amending this section] shall apply beginning on October 1, 2022, to any construction of a project for navigation on the inland waterways that is new or ongoing on or after that date.”
Inland Waterway ProjectsPub. L. 116260, div. AA, title I, § 109, Dec. 27, 2020, 134 Stat. 2624, as amended by Pub. L. 117263, div. H, title LXXXI, § 8157(c), Dec. 23, 2022, 136 Stat. 3738, provided that: “Notwithstanding section 102 of the Water Resources Development Act of 1986 (33 U.S.C. 2212), for a project for navigation on the inland waterways receiving a construction appropriation during any of fiscal years 2021 through 2022, 35 percent of the costs of construction of the project shall be paid from amounts appropriated from the Inland Waterways Trust Fund until such construction of the project is complete.”
Acceptance of Contributed Funds To Increase Lock OperationsPub. L. 113121, title I, § 1017, June 10, 2014, 128 Stat. 1223, as amended by Pub. L. 115270, title I, § 1135, Oct. 23, 2018, 132 Stat. 3783, provided that: “(a) In General.—The Secretary [of the Army], after providing public notice, shall establish a pilot program for the acceptance and expenditure of funds contributed by non-Federal interests to increase the hours of operation of locks at water resources development projects. “(b) Applicability.—The establishment of the pilot program under this section shall not affect the periodic review and adjustment of hours of operation of locks based on increases in commercial traffic carried out by the Secretary. “(c) Public Comment.—Not later than 180 days before a proposed modification to the operation of a lock at a water resources development project will be carried out, the Secretary shall—“(1) publish the proposed modification in the Federal Register; and “(2) accept public comment on the proposed modification. “(d) Reports.—“(1) In general.—Not later than 1 year after the date of enactment of this Act [June 10, 2014], the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that evaluates the cost-savings resulting from reduced lock hours and any economic impacts of modifying lock operations. “(2) Review of pilot program.—Not later than September 30, 2017, and each year thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the effectiveness of the pilot program under this section. “(e) Annual Review.—The Secretary shall carry out an annual review of the commercial use of locks and make any necessary adjustments to lock operations based on that review. “(f) Termination.—The authority to accept funds under this section shall terminate 10 years after the date of enactment of this Act.”
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# 33 U.S.C. § 2213a - Treatment of certain benefits and costs
## Text
(a) In general In the case of a flood risk management or coastal storm risk management project in a region of moderate or high seismic hazard, for the purpose of a benefit-cost analysis for the project, the Secretary shall not include in that analysis any additional design and construction costs resulting from addressing seismic concerns.
(b) Savings provision Except with respect to the benefit-cost analysis, the additional costs referred to in subsection (a) shall be—
(1) included in the total project cost; and
(2) subject to cost-share requirements otherwise applicable to the project.
(Pub. L. 116260, div. AA, title I, § 152, Dec. 27, 2020, 134 Stat. 2658; Pub. L. 117263, div. H, title LXXXI, § 8380, Dec. 23, 2022, 136 Stat. 3828.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Amendments2022—Subsec. (a). Pub. L. 117263 substituted “a flood risk management or coastal storm risk management project in a region” for “flood risk management project that incidentally generates seismic safety benefits in regions”.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116260, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2214 - General credit for flood control
## Text
(a) Guidelines Within one year after November 17, 1986, the Secretary shall issue guidelines to carry out this section, consistent with the principles and guidelines on project formulation. The guidelines shall include criteria for determining whether work carried out by non-Federal interests is compatible with a project for flood control and procedures for making such determinations. The guidelines under this section shall be promulgated after notice in the Federal Register and opportunity for comment.
(b) Analysis of costs and benefits The guidelines established under subsection (a) shall provide for the Secretary to consider, in analyzing the costs and benefits of a proposed project for flood control, the costs and benefits produced by any flood control work carried out by non-Federal interests that the Secretary determines to be compatible with the project. For purposes of the preceding sentence the Secretary may consider only work carried out after the date which is 5 years before the first obligation of funds for the reconnaissance study for such project. In no case may work which was carried out more than 5 years before November 17, 1986, be considered under this subsection, unless otherwise provided in this Act.
(c) Crediting of non-Federal share The guidelines established under subsection (a) shall provide for crediting the cost of work carried out by the non-Federal interests against the non-Federal share of the cost of an authorized project for flood control as follows:
(1) Work which is carried out after the end of the reconnaissance study and before the submission to Congress of the final report of the Chief of Engineers on the project and which is determined by the Secretary to be compatible with the project shall be included as part of the project and shall be recommended by the Secretary in the final report for credit against the non-Federal share of the cost of the project.
(2) Work which is carried out after submission of the final report of the Chief of Engineers to Congress and which is determined by the Secretary to be compatible with the project shall be considered as part of the project and shall be credited by the Secretary against the non-Federal share of the cost of the project in accordance with the guidelines promulgated pursuant to subsection (a).
In no event may work which was carried out more than 5 years before November 17, 1986, be considered under this subsection, unless otherwise provided in this Act.
(d) Procedure for work done before November 17, 1986 The Secretary shall consider, under subsections (b) and (c), work carried out before November 17, 1986, by non-Federal interests on a project for flood control, if the non-Federal interests apply to the Secretary for consideration of such work not later than March 31, 1987. The Secretary shall make determinations under subsections (b) and (c) with respect to such work not later than 6 months after guidelines are issued under subsection (a).
(e) Procedure for work done after November 17, 1986 The Secretary shall consider work carried out after November 17, 1986, by non-Federal interests on a project for flood control under subsections (b) and (c) in accordance with the guidelines issued under subsection (a). The guidelines shall require prior approval by the Secretary of any flood control work carried out after November 17, 1986, in order to be considered under this section, taking into account the economic and environmental feasibility of the project.
(f) Limitation not applicable Any flood control work included as part of the non-Federal share of the cost of a project under this section shall not be subject to the limitation contained in the last sentence of section 1962d5a(a) of title 42.
(g) Cash contribution not affected Nothing in this section affects the requirement of section 2213(a)(1)(A) of this title.
(Pub. L. 99662, title I, § 104, Nov. 17, 1986, 100 Stat. 4087.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsecs. (b) and (c), is Pub. L. 99662, Nov. 17, 1986, 100 Stat. 4082, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables.
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# 33 U.S.C. § 2215 - Feasibility studies; planning, engineering, and design
## Text
(a) Feasibility studies (1) Cost sharing (A) In general The Secretary shall not initiate any feasibility study for a water resources project after November 17, 1986, until appropriate non-Federal interests agree, by contract, to contribute 50 percent of the cost of the study.
(B) Payment of cost share during period of study During the period of the study, the non-Federal share of the cost of the study payable under subparagraph (A) shall be 50 percent of the sum of—
(i) the cost estimate for the study as contained in the feasibility cost-sharing agreement; and
(ii) any excess of the cost of the study over the cost estimate if the excess results from—
(I) a change in Federal law; or
(II) a change in the scope of the study requested by the non-Federal interests.
(C) Payment of cost share on authorization of project or termination of study (i) Project timely authorized Except as otherwise agreed to by the Secretary and the non-Federal interests and subject to clause (ii), the non-Federal share of any excess of the cost of the study over the cost estimate (excluding any excess cost described in subparagraph (B)(ii)) shall be payable on the date on which the Secretary and the non-Federal interests enter into an agreement pursuant to section 2211(e) or 2213(j) of this title with respect to the project.
(ii) Project not timely authorized If the project that is the subject of the study is not authorized by the date that is 5 years after the completion of the final report of the Chief of Engineers concerning the study or the date that is 2 years after the termination of the study, the non-Federal share of any excess of the cost of the study over the cost estimate (excluding any excess cost described in subparagraph (B)(ii)) shall be payable to the United States on that date.
(D) Amendment of cost estimate The cost estimate referred to in subparagraph (B)(i) may be amended only by agreement of the Secretary and the non-Federal interests.
(E) In-kind contributions The non-Federal share required under this paragraph may be satisfied by the provision of services, materials, supplies, or other in-kind services necessary to prepare the feasibility report.
(2) Applicability This subsection shall not apply to any water resources study primarily designed for the purposes of navigational improvements in the nature of dams, locks, and channels on the Nations system of inland waterways.
(3) Detailed project reports The requirements of this subsection that apply to a feasibility study also shall apply to a study that results in a detailed project report, except that—
(A) the first $100,000 of the costs of a study that results in a detailed project report shall be a Federal expense; and
(B) paragraph (1)(C)(ii) shall not apply to such a study.
(b) Planning and engineering The Secretary shall not initiate any planning or engineering for a water resources project until appropriate non-Federal interests agree, by contract, to contribute 50 percent of the cost of the planning and engineering during the period of the planning and engineering. Costs of planning and engineering of projects for which non-Federal interests contributed 50 percent of the cost of the feasibility study shall be treated as costs of construction.
(c) Design Costs of design of a water resources project shall be shared in the same percentage as the purposes of such project.
(d) Definitions In this section, the following definitions apply:
(1) Detailed project report The term “detailed project report” means a report for a project not specifically authorized by Congress in law or otherwise that determines the feasibility of the project with a level of detail appropriate to the scope and complexity of the recommended solution and sufficient to proceed directly to the preparation of contract plans and specifications. The term includes any associated environmental impact statement and mitigation plan. For a project for which the Federal cost does not exceed $1,000,000, the term includes a planning and design analysis document.
(2) Feasibility study The term “feasibility study” means a study that results in a feasibility report under section 2282 of this title, and any associated environmental impact statement and mitigation plan, prepared by the Corps of Engineers for a water resources project. The term includes a study that results in a project implementation report prepared under title VI of the Water Resources Development Act of 2000 (114 Stat. 26802694), a general reevaluation report, and a limited reevaluation report.
(Pub. L. 99662, title I, § 105, Nov. 17, 1986, 100 Stat. 4088; Pub. L. 101640, title III, § 301, Nov. 28, 1990, 104 Stat. 4633; Pub. L. 104303, title II, § 203(a), Oct. 12, 1996, 110 Stat. 3677; Pub. L. 106541, title II, § 225, Dec. 11, 2000, 114 Stat. 2598; Pub. L. 110114, title II, § 2043(a), Nov. 8, 2007, 121 Stat. 1101.)
## Notes
Editorial Notes
References in TextThe Water Resources Development Act of 2000, referred to in subsec. (d)(2), is Pub. L. 106541, Dec. 11, 2000, 114 Stat. 2572. Title VI of the Act is not classified to the Code. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note set out under section 2201 of this title and Tables.
Amendments2007—Subsec. (a)(3). Pub. L. 110114, § 2043(a)(1), added par. (3). Subsec. (b). Pub. L. 110114, § 2043(a)(2), struck out “authorized by this Act” before “for a water resources project”. Subsec. (d). Pub. L. 110114, § 2043(a)(3), added subsec. (d). 2000—Subsec. (a)(1)(E). Pub. L. 106541 substituted “The” for “Not more than ½ of the”. 1996—Subsec. (a)(1). Pub. L. 104303, § 203(a)(1), inserted heading and amended text of par. (1) generally. Prior to amendment text read as follows: “The Secretary shall not initiate any feasibility study for a water resources project after November 17, 1986, until appropriate non-Federal interests agree, by contract, to contribute 50 percent of the cost for such study during the period of such study. Not more than one-half of such non-Federal contribution may be made by the provision of services, materials, supplies, or other in-kind services necessary to prepare the feasibility report.” Subsec. (a)(2). Pub. L. 104303, § 203(a)(2), inserted heading. 1990—Subsec. (b). Pub. L. 101640 inserted at end “Costs of planning and engineering of projects for which non-Federal interests contributed 50 percent of the cost of the feasibility study shall be treated as costs of construction.”
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentPub. L. 104303, title II, § 203(b), Oct. 12, 1996, 110 Stat. 3678, provided that: “The amendments made by subsection (a) [amending this section] shall apply notwithstanding any feasibility cost-sharing agreement entered into by the Secretary and the non-Federal interests. On request of the non-Federal interest, the Secretary shall amend any feasibility cost-sharing agreements in effect on the date of the enactment of this Act [Oct. 12, 1996] so as to conform the agreements with the amendments.”
No Requirement of ReimbursementPub. L. 104303, title II, § 203(c), Oct. 12, 1996, 110 Stat. 3678, provided that: “Nothing in this section [amending this section and enacting provisions set out above] or any amendment made by this section requires the Secretary to reimburse the non-Federal interests for funds previously contributed for a study.”
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# 33 U.S.C. § 2216 - Rate of interest
## Text
Whenever a non-Federal interest is required or elects to repay an amount under this Act over a period of time, the amount to be repaid shall include interest at a rate determined by the Secretary of the Treasury, taking into consideration the average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the reimbursement period, during the month preceding the fiscal year in which costs for the construction of the project are first incurred (or in the case of recalculation the fiscal year in which the recalculation is made), plus a premium of one-eighth of one percentage point for transaction costs; except that such rates for hydroelectric power shall be in accordance with existing law.
(Pub. L. 99662, title I, § 106, Nov. 17, 1986, 100 Stat. 4089.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is Pub. L. 99662, Nov. 17, 1986, 100 Stat. 4082, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables.
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# 33 U.S.C. § 2217 - Limitation on applicability of certain provisions in reports
## Text
If any provision in any report designated by this Act recommends that a State contribute in cash 5 percent of the construction costs allocated to non-vendible project purposes and 10 percent of the construction costs allocated to vendible project purposes, such provision shall not apply to the project recommended in such report.
(Pub. L. 99662, title I, § 107, Nov. 17, 1986, 100 Stat. 4089.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is Pub. L. 99662, Nov. 17, 1986, 100 Stat. 4082, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables.
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# 33 U.S.C. § 2218 - General applicability of cost sharing
## Text
Unless otherwise specified, the cost sharing provisions of this subchapter shall apply to all projects in this Act. The Federal share of any cost of a project authorized by this Act for which cost a Federal share is not established in this subchapter, shall be the share of such cost otherwise provided by law.
(Pub. L. 99662, title I, § 108, Nov. 17, 1986, 100 Stat. 4089.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is Pub. L. 99662, Nov. 17, 1986, 100 Stat. 4082, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables.
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# 33 U.S.C. § 2219 - Definitions
## Text
For purposes of this subchapter, terms shall have the meanings given by section 2241 of this title.
(Pub. L. 99662, title I, § 109, Nov. 17, 1986, 100 Stat. 4089.)
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# 33 U.S.C. § 2220 - Rivers and harbors and other waterways projects for benefit of navigation, flood control, hurricane protection, beach erosion control, and other purposes
## Text
(a) Congressional declaration of policy; purchase of indebtedness and loans to local interests to meet contribution requirements In the prosecution of projects for rivers and harbors and other waterways for the benefit of navigation, the control of destructive flood waters, hurricane protection, beach erosion control, and for other purposes, authorized to be prosecuted under the direction of the Secretary of the Army under the supervision of the Chief of Engineers in accordance with plans adopted and authorized by the Congress, it is hereby declared to be the policy of the Congress, that whenever such projects are located wholly or partially within an area which is eligible for financial assistance under the Public Works and Economic Development Act of 1965 [42 U.S.C. 3121 et seq.], the Secretary of Commerce is authorized to purchase evidences of indebtedness and to make loans for a period not exceeding fifty years to enable responsible local interests to meet the requirements of local cooperation pertaining to contributions toward the cost of construction of such projects within such areas.
(b) Authorization of appropriations There is hereby authorized to be appropriated to carry out this section, not to exceed $10,000,000 per fiscal year for the fiscal year ending June 30, 1966, and for each fiscal year thereafter through and including the fiscal year ending June 30, 1970.
(Pub. L. 89298, title II, § 217, Oct. 27, 1965, 79 Stat. 1088.)
## Notes
Editorial Notes
References in TextThe Public Works and Economic Development Act of 1965, referred to in subsec. (a), is Pub. L. 89136, Aug. 26, 1965, 79 Stat. 552, which is classified generally to chapter 38 (§ 3121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3121 of Title 42 and Tables.
Codification Section was formerly classified to section 3142a of Title 42, The Public Health and Welfare. Section was not enacted as part of the Water Resources Development Act of 1986 which comprises this chapter.
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# 33 U.S.C. § 2221 - Cost limitations on projects
## Text
Beginning in fiscal year 2006 and thereafter, agreements proposed for execution by the Assistant Secretary of the Army for Civil Works or the United States Army Corps of Engineers after November 19, 2005, pursuant to section 560 of this title; section 561 11 See References in Text note below. of this title; the Civil Functions Appropriations Act, 1936, Public Law 75208 1 ; section 1962d5a of title 42; sections 2214, 2231, and 2232 of this title; section 426i1 1 of this title; section 701b13 1 of this title; and any other specific project authority, shall be limited to total credits and reimbursements for all applicable projects not to exceed $100,000,000 in each fiscal year.
(Pub. L. 109103, title I, § 102, Nov. 19, 2005, 119 Stat. 2253.)
## Notes
Editorial Notes
References in TextSection 561 of this title, referred to in text, was repealed by Pub. L. 115270, title I, § 1166(c), Oct. 23, 2018, 132 Stat. 3798. The Civil Functions Appropriations Act, 1936, Public Law 75208, referred to in text, may mean the War Department Civil Appropriation Act, 1938, act July 19, 1937, ch. 511, 50 Stat. 515, 518, which amended act June 22, 1936, ch. 688, § 5, by adding the proviso classified to section 701h of this title. Sections 426i1 and 701b13 of this title, referred to in text, were repealed by Pub. L. 113121, title I, § 1014(c)(2), (3), June 10, 2014, 128 Stat. 1222.
Codification Section was enacted as part of the Energy and Water Development Appropriations Act, 2006, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Prior ProvisionsProvisions similar to those in this section were contained in the following prior appropriation acts: Pub. L. 108447, div. C, title I, § 101, Dec. 8, 2004, 118 Stat. 2941; Pub. L. 10913, div. A, title VI, § 6005, May 11, 2005, 119 Stat. 282. Pub. L. 108137, title I, § 101, Dec. 1, 2003, 117 Stat. 1833. Pub. L. 1087, div. D, title I, § 101, Feb. 20, 2003, 117 Stat. 138. Pub. L. 10766, title I, § 103, Nov. 12, 2001, 115 Stat. 493. Pub. L. 106377, § 1(a)(2) [title I, § 102], Oct. 27, 2000, 114 Stat. 1441, 1441A65. Pub. L. 10660, title I, § 102, Sept. 29, 1999, 113 Stat. 487.
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# 33 U.S.C. § 2222 - Use of other Federal funds
## Text
The non-Federal interest for a water resources development study or project, including a study or project under a continuing authority program (as defined in section 2282d(c)(1)(D) of this title) and a study or project under an environmental infrastructure assistance program, may use, and the Secretary shall accept, funds provided by a Federal agency under any other Federal program, to satisfy, in whole or in part, the non-Federal share of the cost of the study or project if—
(1) the statutory authority for the funds provided by the Federal agency does not expressly prohibit use of the funds for a study or project of the Corps of Engineers; and
(2) the Federal agency that provides the funds determines that the study or project activities for which the funds will be used are otherwise eligible for funding under such statutory authority.
(Pub. L. 110114, title II, § 2007, Nov. 8, 2007, 121 Stat. 1073; Pub. L. 117263, div. H, title LXXXI, § 8149, Dec. 23, 2022, 136 Stat. 3731.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117263 substituted “water resources development study or project, including a study or project under a continuing authority program (as defined in section 2282d(c)(1)(D) of this title) and a study or project under an environmental infrastructure assistance program,” for “water resources study or project” and substituted “if—” and pars. (1) and (2) for “if the Federal agency that provides the funds determines that the funds are authorized to be used to carry out the study or project.”
Codification Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2223 - Transfer of excess credit
## Text
(a) Application of credit (1) In general Subject to subsection (b), the Secretary may apply credit for in-kind contributions provided by a non-Federal interest that are in excess of the required non-Federal cost share for a water resources development study or project toward the required non-Federal cost share for a different water resources development study or project.
(2) Application prior to completion of project On request of a non-Federal interest, the credit described in paragraph (1) may be applied prior to completion of a study or project, if the credit amount is verified by the Secretary.
(3) Studies and projects with multiple non-Federal interests A credit described in paragraph (1) for a study or project with multiple non-Federal interests may be applied to the required non-Federal cost share for a study or project of any such non-Federal interest, if each such non-Federal interest agrees in writing to such application.
(b) Restrictions (1) In general Except for subsection (a)(4)(D)(i) of that section, the requirements of section 1962d5b of title 42 (as amended by section 1018(a)) shall apply to any credit under this section.
(2) Conditions Credit in excess of the non-Federal share for a study or project may be approved under this section only if—
(A) the non-Federal interest submits a comprehensive plan to the Secretary that identifies—
(i) the studies and projects for which the non-Federal interest intends to provide in-kind contributions for credit that are in excess of the non-Federal cost share for the study or project; and
(ii) the authorized studies and projects to which that excess credit would be applied;
(B) the Secretary approves the comprehensive plan; and
(C) the total amount of credit does not exceed the total non-Federal share for the studies and projects in the approved comprehensive plan.
(3) Conditional approval of excess credit Notwithstanding paragraph (2)(A)(ii), the Secretary may approve credit in excess of the non-Federal share for a study or project prior to the identification of each authorized study or project to which the excess credit will be applied, subject to the condition that the non-Federal interest agrees to submit for approval by the Secretary an amendment to the comprehensive plan prepared under paragraph (2) that identifies each authorized study or project in advance of execution of the feasibility cost-sharing agreement or project partnership agreement for that authorized study or project.
(c) Additional criteria In evaluating a request to apply credit in excess of the non-Federal share for a study or project toward a different study or project, the Secretary shall consider whether applying that credit will—
(1) help to expedite the completion of a project or group of projects;
(2) reduce costs to the Federal Government; and
(3) aid the completion of a project that provides significant flood risk reduction or environmental benefits.
(d) Termination of authority The authority provided in this section shall terminate on December 31, 2030.
(e) Report (1) Deadlines (A) In general Not later than 2 years after June 10, 2014, and once every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available an interim report on the use of the authority under this section.
(B) Final report Not later than December 31, 2030, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a final report on the use of the authority under this section.
(2) Inclusions The reports described in paragraph (1) shall include—
(A) a description of the use of the authority under this section during the reporting period;
(B) an assessment of the impact of the authority under this section on the time required to complete projects; and
(C) an assessment of the impact of the authority under this section on other water resources projects.
(Pub. L. 113121, title I, § 1020, June 10, 2014, 128 Stat. 1227; Pub. L. 114322, title I, § 1166, Dec. 16, 2016, 130 Stat. 1670; Pub. L. 117263, div. H, title LXXXI, § 8383, Dec. 23, 2022, 136 Stat. 3829; Pub. L. 118272, div. A, title III, § 1303(g), Jan. 4, 2025, 138 Stat. 3114.)
## Notes
Editorial Notes
References in TextSection 1018(a), referred to in subsec. (b)(1), means section 1018(a) of Pub. L. 113121.
Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Amendments2025—Subsecs. (d), (e)(1)(B). Pub. L. 118272 substituted “2030” for “2028”. 2022—Subsec. (a)(3). Pub. L. 117263, § 8383(1), added par. (3). Subsec. (b)(3). Pub. L. 117263, § 8383(2), added par. (3). Subsec. (d). Pub. L. 117263, § 8383(3), substituted “on December 31, 2028” for “10 years after June 10, 2014”. Subsec. (e)(1)(B). Pub. L. 117263, § 8383(4), substituted “December 31, 2028” for “10 years after June 10, 2014”. 2016—Subsec. (a). Pub. L. 114322 substituted “Application of credit” for “In general” in subsec. heading, designated existing provisions as par. (1) and inserted par. (1) heading, and added par. (2).
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2224 - Crediting authority for federally authorized navigation projects
## Text
A non-Federal interest may carry out operation and maintenance activities for an authorized navigation project, subject to the condition that the non-Federal interest complies with all Federal laws and regulations applicable to such operation and maintenance activities, and may receive credit for the costs incurred by the non-Federal interest in carrying out such activities towards the share of construction costs of that non-Federal interest for another element of the same project or another authorized navigation project, except that in no instance may such credit exceed 20 percent of the total costs associated with construction of the general navigation features of the project for which such credit may be applied pursuant to this section.
(Pub. L. 113121, title I, § 1021, June 10, 2014, 128 Stat. 1228.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
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# 33 U.S.C. § 2225 - Credit or reimbursement
## Text
(a) Requests for credits With respect to an authorized flood damage reduction project, or separable element thereof, that has been constructed by a non-Federal interest under section 701b13 11 See References in Text note below. of this title, or an authorized coastal navigation project that has been constructed by the Corps of Engineers pursuant to section 561 of this title before October 23, 2018, the Secretary may provide to the non-Federal interest, at the request of the non-Federal interest, a credit in an amount equal to the estimated Federal share of the cost of the project or separable element, in lieu of providing to the non-Federal interest a reimbursement in that amount or reimbursement of funds of an equivalent amount, subject to the availability of appropriations.
(b) Application of credits At the request of the non-Federal interest, the Secretary may apply all or a portion of such credit to the share of the cost of the non-Federal interest of carrying out other flood damage reduction and coastal navigation projects or studies.
(c) Application of reimbursement At the request of the non-Federal interest, the Secretary may apply such funds, subject to the availability of appropriations, equal to the share of the cost of the non-Federal interest of carrying out other flood damage reduction and coastal navigation projects or studies.
(Pub. L. 113121, title I, § 1022, June 10, 2014, 128 Stat. 1228; Pub. L. 114322, title I, § 1171, Dec. 16, 2016, 130 Stat. 1671; Pub. L. 115270, title I, § 1136(a), Oct. 23, 2018, 132 Stat. 3783.)
## Notes
Editorial Notes
References in TextSection 701b13 of this title, referred to in subsec. (a), was repealed by Pub. L. 113121, title I, §1014(c)(3), June 10, 2014, 128 Stat. 1222.
Amendments2018—Pub. L. 115270 amended section generally. Prior to amendment, section related to credit in lieu of reimbursement. 2016—Subsec. (a). Pub. L. 114322, § 1171(1), substituted “for which a written agreement with the Corps of Engineers for construction was finalized on or before December 31, 2014, under section 701b13 of this title (as it existed before the repeal made by section 1014(c)(3))” for “that has been constructed by a non-Federal interest under section 701b13 of this title before June 10, 2014”. Subsec. (b). Pub. L. 114322, § 1171(2), substituted “non-Federal share of the cost of carrying out other water resources development projects or studies of the non-Federal interest” for “share of the cost of the non-Federal interest of carrying out other flood damage reduction projects or studies”.
Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2226 - Water resources projects on Federal land
## Text
(a) In general Subject to subsection (b), the Secretary may carry out an authorized water resources development project on Federal land that is under the administrative jurisdiction of another Federal agency where the cost of the acquisition of such Federal land has been paid for by the non-Federal interest for the project.
(b) MOU required The Secretary may carry out a project pursuant to subsection (a) only after the non-Federal interest has entered into a memorandum of understanding with the Federal agency that includes such terms and conditions as the Secretary determines to be necessary.
(c) Applicability Nothing in this section alters any non-Federal cost-sharing requirements for the project.
(Pub. L. 113121, title I, § 1025, June 10, 2014, 128 Stat. 1229.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2227 - Clarification of impacts to other Federal facilities
## Text
In any case where the modification or construction of a water resources development project carried out by the Secretary adversely impacts other Federal facilities, the Secretary may accept from other Federal agencies such funds as may be necessary to address the adverse impact, including by removing, relocating, or reconstructing those facilities.
(Pub. L. 113121, title I, § 1026, June 10, 2014, 128 Stat. 1229.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2232 - Construction of water resources development projects by non-Federal interests
## Text
(a) Water resources development project defined In this section, the term “water resources development project” means a project recommendation that results from—
(1) a feasibility report, as such term is defined in section 2282d(f) 11 See References in Text note below. of this title;
(2) a completed feasibility study developed under section 2231 of this title; or
(3) a final feasibility study for water resources development and conservation and other purposes that is specifically authorized by Congress to be carried out by the Secretary.
(b) Authority (1) In general A non-Federal interest may carry out a federally authorized water resources development project, or separable element thereof—
(A) in accordance with a plan approved by the Secretary for the project or separable element; and
(B) subject to any conditions that the Secretary may require, including any conditions specified under section 2231(c)(3) of this title.
(2) Conditions Before carrying out a water resources development project, or separable element thereof, under this section, a non-Federal interest shall—
(A) obtain any permit or approval required in connection with the project or separable element under Federal or State law, except as provided in paragraph (3); and
(B) ensure that a final environmental impact statement or environmental assessment, as appropriate, for the project or separable element has been filed.
(3) Permit exception (A) In general For a project described in subsection (a)(1) or subsection (a)(3), or a separable element thereof, with respect to which a written agreement described in subparagraph (B) has been entered into, a non-Federal interest that carries out a project under this section shall not be required to obtain any Federal permits or approvals that would not be required if the Secretary carried out the project or separable element unless significant new circumstances or information relevant to environmental concerns or compliance have arisen since development of the project recommendation.
(B) Written agreement For purposes of this paragraph, a written agreement shall provide that the non-Federal interest shall comply with the same legal and technical requirements that would apply if the project or separable element were carried out by the Secretary, including all mitigation required to offset environmental impacts of the project or separable element as determined by the Secretary.
(C) Certifications Notwithstanding subparagraph (A), if a non-Federal interest carrying out a project under this section would, in the absence of a written agreement entered into under this paragraph, be required to obtain a certification from a State under Federal law to carry out the project, such certification shall still be required if a written agreement is entered into with respect to the project under this paragraph.
(4) Data sharing (A) In general If a non-Federal interest for a water resources development project begins to carry out that water resources development project under this section, the non-Federal interest may request that the Secretary transfer to the non-Federal interest all relevant data and documentation under the control of the Secretary with respect to that water resources development project.
(B) Deadline Except as provided in subparagraph (C), the Secretary shall transfer the data and documentation requested by a non-Federal interest under subparagraph (A) not later than the date that is 90 days after the date on which the non-Federal interest so requests such data and documentation.
(C) Limitation Nothing in this paragraph obligates the Secretary to share any data or documentation that the Secretary considers to be proprietary information.
(c) Studies and engineering (1) In general When requested by a non-Federal interest carrying out a project or separable element of a project under this section, the Secretary shall undertake all necessary studies, engineering, and technical assistance on construction for any project or separable element of a project under this section, and provide technical assistance in obtaining all necessary permits for the construction, if the non-Federal interest contracts with the Secretary to provide funds to the United States for the studies, engineering, or technical assistance.
(2) No waiver Nothing in this section may be construed to waive any requirement of section 3142 of title 40.
(3) Limitation Funds provided by non-Federal interests under this subsection shall not be eligible for credit or reimbursement under subsection (d).
(4) Impartial decisionmaking In carrying out this section, the Secretary shall ensure that the use of funds accepted from a non-Federal interest will not affect the impartial decisionmaking of the Secretary, either substantively or procedurally.
(d) Credit or reimbursement (1) General rule Subject to paragraph (3), a project or separable element of a project carried out by a non-Federal interest under this section shall be eligible for credit or reimbursement for the Federal share of work carried out on a project or separable element of a project if—
(A) before initiation of construction of the project or separable element—
(i) the Secretary approves the plan for construction of the project or separable element of the project by the non-Federal interest;
(ii) the Secretary determines, before approval of the plan, that the project or separable element of the project is feasible; and
(iii) the non-Federal interest enters into a written agreement with the Secretary under section 1962d5b of title 42, including an agreement to pay the non-Federal share, if any, of the cost of operation and maintenance of the project; and
(B) the Secretary determines that all Federal laws and regulations applicable to the construction of a water resources development project, and any conditions identified under subsection (b)(1)(B), were complied with by the non-Federal interest during construction of the project or separable element of the project.
(2) Application of credit The Secretary may apply credit toward—
(A) the non-Federal share of authorized separable elements of the same project; or
(B) subject to the requirements of this section and section 2223 of this title, at the request of the non-Federal interest, the non-Federal share of a different water resources development project.
(3) Requirements The Secretary may only apply credit or provide reimbursement under paragraph (1) if—
(A) Congress has authorized construction of the project or separable element of the project;
(B) the Secretary certifies that the project, discrete segment of the project, or separable element of the project has been constructed in accordance with—
(i) all applicable permits or approvals; and
(ii) this section; and
(C) in the case of reimbursement, appropriations are provided by Congress for such purpose.
(4) Monitoring The Secretary shall regularly monitor and audit any water resources development project, or separable element of a water resources development project, constructed by a non-Federal interest under this section to ensure that—
(A) the construction is carried out in compliance with the requirements of this section; and
(B) the costs of the construction are reasonable.
(5) Discrete segments (A) In general The Secretary may authorize credit or reimbursement under this subsection for carrying out a discrete segment of a federally authorized water resources development project, or separable element thereof, before final completion of the project or separable element if—
(i) except as provided in clause (ii), the Secretary determines that the discrete segment satisfies the requirements of paragraphs (1) through (4) in the same manner as the project or separable element; and
(ii) notwithstanding paragraph (1)(A)(ii), the Secretary determines, before the approval of the plan under paragraph (1)(A)(i), that the discrete segment is technically feasible and environmentally acceptable.
(B) Determination Credit or reimbursement may not be made available to a non-Federal interest pursuant to this paragraph until the Secretary determines that—
(i) the construction of the discrete segment for which credit or reimbursement is requested is complete; and
(ii) the construction is consistent with the authorization of the applicable water resources development project, or separable element thereof, and the plan approved under paragraph (1)(A)(i).
(C) Written agreement (i) In general As part of the written agreement required under paragraph (1)(A)(iii), a non-Federal interest to be eligible for credit or reimbursement under this paragraph shall—
(I) identify any discrete segment that the non-Federal interest may carry out; and
(II) agree to the completion of the water resources development project, or separable element thereof, with respect to which the discrete segment is a part and establish a timeframe for such completion.
(ii) Remittance If a non-Federal interest fails to complete a water resources development project, or separable element thereof, that it agreed to complete under clause (i)(II), the non-Federal interest shall remit any reimbursements received under this paragraph for a discrete segment of such project or separable element.
(D) Discrete segment defined In this paragraph, the term “discrete segment” means a physical portion of a water resources development project to be carried out, or separable element thereof—
(i) described by a non-Federal interest in a written agreement required under paragraph (1)(A)(iii); and
(ii) that the non-Federal interest can operate and maintain, independently and without creating a hazard, in advance of final completion of the water resources development project, or separable element thereof.
(6) Exclusions The Secretary may not provide credit or reimbursement for—
(A) activities required by the non-Federal interest to initiate design and construction that would otherwise not be required by the Secretary; or
(B) delays incurred by the non-Federal interest resulting in project cost increases.
(e) Notification of committees If a non-Federal interest notifies the Secretary that the non-Federal interest intends to carry out a project, or separable element thereof, under this section, the Secretary shall provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives concerning the intent of the non-Federal interest.
(f) Operation and maintenance (1) Assumption of maintenance Whenever a non-Federal interest carries out improvements to a federally authorized harbor or inland harbor, the Secretary shall be responsible for operation and maintenance in accordance with section 2211(b) of this title if—
(A) before construction of the improvements—
(i) the Secretary determines that the improvements are feasible and consistent with the purposes of this subchapter; and
(ii) the Secretary and the non-Federal interest execute a written agreement relating to operation and maintenance of the improvements;
(B) the Secretary certifies that the project or separable element of the project is constructed in accordance with applicable permits and appropriate engineering and design standards; and
(C) the Secretary does not find that the project or separable element is no longer feasible.
(2) Federal financial participation in the costs of a locally preferred plan. In the case of improvements determined by the Secretary pursuant to paragraph (1)(A)(i) to deviate from the national economic development plan, the Secretary shall be responsible for all operation and maintenance costs of such improvements, as described in section 2211(b) of this title, including costs in excess of the costs of the national economic development plan, if the Secretary determines that the improvements satisfy the requirements of paragraph (1).
(Pub. L. 99662, title II, § 204, Nov. 17, 1986, 100 Stat. 4099; Pub. L. 101640, title III, § 303, Nov. 28, 1990, 104 Stat. 4634; Pub. L. 113121, title I, § 1014(b)(1), June 10, 2014, 128 Stat. 1220; Pub. L. 114322, title I, § 1127, Dec. 16, 2016, 130 Stat. 1648; Pub. L. 115270, title I, § 1153, Oct. 23, 2018, 132 Stat. 3789; Pub. L. 116260, div. AA, title I, § 105(a), (b), Dec. 27, 2020, 134 Stat. 2622; Pub. L. 118272, div. A, title I, § 1110(a), Jan. 4, 2025, 138 Stat. 3009.)
## Notes
Editorial Notes
References in TextSection 2282d(f) of this title, referred to in subsec. (a)(1), was redesignated section 2282d(g) of this title by Pub. L. 115270, title I, § 1332(a)(3), Oct. 23, 2018, 132 Stat. 3834. Section 2282d(g) of this title was subsequently redesignated section 2282d(i) of this title by Pub. L. 118272, div. A, title I, § 1111(2), Jan. 4, 2025, 138 Stat. 3010.
Amendments2025—Subsec. (c)(1). Pub. L. 118272, § 1110(a)(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “When requested by an appropriate non-Federal interest, the Secretary shall undertake all necessary studies, engineering, and technical assistance on construction for any project to be undertaken under this section, and provide technical assistance in obtaining all necessary permits for the construction, if the non-Federal interest contracts with the Secretary to furnish the United States funds for the studies, engineering, or technical assistance on construction in the period during which the studies, engineering, or technical assistance on construction are being conducted.” Subsec. (d)(1)(A)(i), (ii). Pub. L. 118272, § 1110(a)(2)(A), substituted “plan” for “plans”. Subsec. (d)(3)(B). Pub. L. 118272, § 1110(a)(2)(B), inserted “, discrete segment of the project, or separable element of the project” after “certifies that the project”. Subsec. (d)(5)(A)(ii), (B)(ii). Pub. L. 118272, § 1110(a)(2)(C), substituted “plan” for “plans”. Subsec. (d)(6). Pub. L. 118272, § 1110(a)(2)(D), added par. (6). 2020—Subsec. (c)(1). Pub. L. 116260, § 105(a), substituted “under this section” for “under subsection (b)”. Subsec. (f). Pub. L. 116260, § 105(b), amended subsec. (f) generally. Prior to amendment, subsec. (f) related to operation and maintenance. 2018—Subsec. (b)(1). Pub. L. 115270, § 1153(1)(A), inserted “federally authorized” before “water resources development project” in introductory provisions. Subsec. (b)(2)(A). Pub. L. 115270, § 1153(1)(B), inserted “, except as provided in paragraph (3)” after “Federal or State law”. Subsec. (b)(3), (4). Pub. L. 115270, § 1153(1)(C), added pars. (3) and (4). Subsec. (c). Pub. L. 115270, § 1153(2), amended subsec. (c) generally. Prior to amendment, text read as follows: “When requested by an appropriate non-Federal interest, the Secretary may undertake all necessary studies and engineering for any construction to be undertaken under subsection (b), and provide technical assistance in obtaining all necessary permits for the construction, if the non-Federal interest contracts with the Secretary to furnish the United States funds for the studies, engineering, or technical assistance in the period during which the studies and engineering are being conducted.” Subsec. (d)(3)(C). Pub. L. 115270, § 1153(3)(A), added subpar. (C). Subsec. (d)(5). Pub. L. 115270, § 1153(3)(B)(i), substituted “water resources development” for “flood damage reduction” wherever appearing. Subsec. (d)(5)(A). Pub. L. 115270, § 1153(3)(B)(ii), substituted “for carrying out a discrete segment of a federally authorized” for “for a discrete segment of a” in introductory provisions. Subsec. (d)(5)(D). Pub. L. 115270, § 1153(3)(B)(iii), inserted “to be carried out” after “project” in introductory provisions. 2016—Subsec. (d)(5). Pub. L. 114322 added par. (5). 2014—Pub. L. 113121 amended section generally. Prior to amendment, section related to construction of projects by non-Federal interests. 1990—Subsec. (c). Pub. L. 101640, § 303(a), inserted after first sentence “The Secretary is further authorized to complete and transmit to the appropriate non-Federal interest any study for improvement to harbors or inland harbors of the United States that is initiated pursuant to section 577 of this title or, upon request of such non-Federal interest, to terminate such study and transmit such partially completed study to the non-Federal interest.” Subsec. (e). Pub. L. 101640, § 303(b)(1), redesignated subsec. (e), relating to operation and maintenance, as (f). Subsec. (e)(1). Pub. L. 101640, § 303(b)(2), (3), in introductory provisions inserted “including any small navigation project approved pursuant to section 577 of this title,” after “or separable element thereof,” and in subpar. (A) inserted “(or, in the case of a small navigation project, after completion of a favorable project report by the Corps of Engineers)” after “authorization of the project”. Subsec. (f). Pub. L. 101640, § 303(b)(1), redesignated subsec. (e), relating to operation and maintenance, as (f). Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 101640, § 303(b)(1), redesignated subsec. (f) as (g).
Statutory Notes and Related Subsidiaries
Savings ProvisionPub. L. 113121, title I, § 1014(d), June 10, 2014, 128 Stat. 1222, provided that: “Nothing in this section [amending this section and section 2231 of this title, repealing sections 426i1 and 701b13 of this title, and repealing provisions set out as a note under this section] may be construed to affect an agreement in effect on the date of enactment of this Act [June 10, 2014], or an agreement that is finalized between the Corps of Engineers and a non-Federal interest on or before December 31, 2014, under any of the following sections (as such sections were in effect on the day before such date of enactment): “(1) Section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2232). “(2) Section 206 of the Water Resources Development Act of 1992 (33 U.S.C. 426i1). “(3) Section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b13).”
GuidancePub. L. 118272, div. A, title I, § 1110(b), Jan. 4, 2025, 138 Stat. 3010, provided that: “Not later than 18 months after the date of enactment of this Act [Jan. 4, 2025], the Secretary [of the Army] shall update any guidance as necessary to reflect the amendments made by this section [amending this section].”
ImplementationPub. L. 118272, div. A, title I, § 1110(c), Jan. 4, 2025, 138 Stat. 3010, provided that: “Any non-Federal interest that has entered in a written agreement with the Secretary [of the Army] to carry out a water resources development project pursuant to section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2232) before the date of enactment of this Act [Jan. 4, 2025] may submit to the Secretary a request to amend such agreement to reflect the amendments made by this section [amending this section].”
Report on Improvements by NonFederal InterestPub. L. 116260, div. AA, title I, § 105(c), Dec. 27, 2020, 134 Stat. 2623, provided that: “A non-Federal interest may submit to the Secretary [of the Army] a report on improvements to a federally authorized harbor or inland harbor to be carried out by the non-Federal interest, containing any information necessary for the Secretary determine whether the improvements satisfy the requirements of section 204(f)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2232[(f)(1)]), including— “(1) the economic justification for the improvements; “(2) details of the project improvement plan and design; “(3) proposed arrangements for the work to be performed; and “(4) documents relating to any applicable permits required for the project improvements.”
Project Studies Subject to Independent Peer ReviewPub. L. 116260, div. AA, title I, § 105(d), Dec. 27, 2020, 134 Stat. 2623, provided that: “The Secretary [of the Army] shall not be required to subject a project study for a project with a cost of less than $200,000,000, which the Secretary determines satisfies the requirements of section 204(f)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2232[(f)(1)]), to independent peer review under section 2034(a)(3)(A)(i) of the Water Resources Development Act of 2007 (33 U.S.C. 2343(a)(3)(A)(i)).”
Preconstruction Engineering Design Demonstration ProgramPub. L. 115270, title I, § 1176, Oct. 23, 2018, 132 Stat. 3801, provided that: “(a) Definition of Environmental Impact Statement.—In this section, the term environmental impact statement means the detailed written statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). “(b) Demonstration Program.—The Secretary [of the Army] shall establish a demonstration program to allow a project authorized to execute pursuant to [former] section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b13) (as in effect on the day before the date of enactment of the Water Resources Reform and Development Act of 2014 (128 Stat. 1193) [June 10, 2014]) to begin preconstruction engineering and design on a determination by the Secretary that the project is technically feasible, economically justified, and environmentally acceptable. “(c) Requirements.—For each project authorized to begin preconstruction engineering and design under subsection (b)—“(1) the project shall conform to the feasibility study and the environmental impact statement approved by the Secretary; and “(2) the Secretary and the non-Federal sponsor shall jointly agree to the construction design of the project. “(d) Secretary Review of Potential Adverse Impacts.—When reviewing the feasibility study and the environmental impact statement for a project under subsection (b), the Secretary shall follow current USACE Policy, Regulations, and Guidance, to assess potential adverse downstream impacts to the Pearl River Basin. Upon completion of the Secretarys determination under subsection (b), the non-Federal sponsor shall design the project in a manner that addresses any potential adverse impacts or that provides mitigation in accordance with section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283). “(e) Sunset.—The authority to carry out the demonstration program under this section shall terminate on the date that is 5 years after the date of enactment of this Act [Oct. 23, 2018]. “(f) Savings Provision.—Nothing in this section supersedes, precludes, or affects any applicable requirements for a project under subsection (b) under—“(1) section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283); or “(2) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).”
Navigation SafetyPub. L. 114322, title I, § 1102, Dec. 16, 2016, 130 Stat. 1633, provided that: “The Secretary [of the Army] shall use section 5 of the Act of March 4, 1915 (38 Stat. 1053, chapter 142; 33 U.S.C. 562), to carry out navigation safety activities at those projects eligible for operation and maintenance under section 204(f) of the Water Resources Development Act of 1986 (33 U.S.C. 2232(f)).”
Operation and Maintenance of Certain ProjectsPub. L. 113121, title I, § 1016, June 10, 2014, 128 Stat. 1223, provided that: “The Secretary [of the Army] may assume responsibility for operation and maintenance in accordance with section 101(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(b)) (as amended by section 2102(b)) for improvements to a federally authorized harbor or inland harbor that are carried out by a non-Federal interest prior to December 31, 2014, if the Secretary determines that the requirements under paragraphs (2) and (3) of section 204(f) of the Water Resources Development Act of 1986 (33 U.S.C. 2232(f)) are met.”
Demonstration of Construction of Federal Project by Non-Federal InterestsPub. L. 101640, title IV, § 404, Nov. 28, 1990, 104 Stat. 4646, which related to the demonstration of safety benefits and economic efficiencies of non-Federal management of harbor improvement projects, was repealed by Pub. L. 113121, title I, § 1014(c)(1), June 10, 2014, 128 Stat. 1222.
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# 33 U.S.C. § 2233 - Coordination and scheduling of Federal, State, and local actions
## Text
(a) Notice of intent The Secretary, on request from an appropriate non-Federal interest in the form of a written notice of intent to construct a navigation project for a harbor or inland harbor under section 2232 of this title or this section, shall initiate procedures to establish a schedule for consolidating Federal, State, and local agency environmental assessments, project reviews, and issuance of all permits for the construction of the project, including associated access channels, berthing areas, and onshore port-related facilities, before the initiation of construction. The non-Federal interest shall submit, with the notice of intent, studies and documentation, including environmental reviews, that may be required by Federal law for decisionmaking on the proposed project. A State shall not be required to participate in carrying out this section.
(b) Procedural requirements Within 15 days after receipt of notice under subsection (a), the Secretary shall publish such notice in the Federal Register. The Secretary also shall provide written notification of the receipt of a notice under subsection (a) to all State and local agencies that may be required to issue permits for the construction of the project or related activities. The Secretary shall solicit the cooperation of those agencies and request their entry into a memorandum of agreement described in subsection (c). Within 30 days after publication of the notice in the Federal Register, State and local agencies that intend to enter into the memorandum of agreement shall notify the Secretary of their intent in writing.
(c) Scheduling agreement Within 90 days after receipt of notice under subsection (a), the Secretary of the Interior, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, and any State or local agencies that have notified the Secretary under subsection (b) shall enter into an agreement with the Secretary establishing a schedule of decisionmaking for approval of the project and permits associated with it and with related activities. Such schedule may not exceed two and one-half years from the date of the agreement.
(d) Contents of agreement The agreement entered into under subsection (c), to the extent practicable, shall consolidate hearing and comment periods, procedures for data collection and report preparation, and the environmental review and permitting processes associated with the project and related activities. The agreement shall detail, to the extent possible, the non-Federal interests responsibilities for data development and information that may be necessary to process each permit, including a schedule when the information and data will be provided to the appropriate Federal, State, or local agency.
(e) Preliminary decision The agreement shall include a date by which the Secretary, taking into consideration the views of all affected Federal agencies, shall provide to the non-Federal interest in writing a preliminary determination whether the project and Federal permits associated with it are reasonably likely to receive approval.
(f) Revision of agreement The Secretary may revise the agreement once to extend the schedule to allow the non-Federal interest the minimum amount of additional time necessary to revise its original application to meet the objections of a Federal, State, or local agency which is a party to the agreement.
(g) Progress reports Six months before the final date of the schedule, the Secretary shall provide to Congress a written progress report for each navigation project for a harbor or inland harbor subject to this section. The Secretary shall transmit the report to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate. The report shall summarize all work completed under the agreement and shall include a detailed work program that will assure completion of all remaining work under the agreement.
(h) Final decision Not later than the final day of the schedule, the Secretary shall notify the non-Federal interest of the final decision on the project and whether the permit or permits have been issued.
(i) Report on timesavings methods Not later than one year after November 17, 1986, the Secretary shall prepare and transmit to Congress a report estimating the time required for the issuance of all Federal, State, and local permits for the construction of navigation projects for harbors or inland harbors and associated activities. The Secretary shall include in that report recommendations for further reducing the amount of time required for the issuance of those permits, including any proposed changes in existing law.
(Pub. L. 99662, title II, § 205, Nov. 17, 1986, 100 Stat. 4101.)
## Notes
Statutory Notes and Related Subsidiaries
Change of Name Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 10414, set out as a note preceding section 21 of Title 2, The Congress.
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# 33 U.S.C. § 2234 - Nonapplicability to Saint Lawrence Seaway
## Text
Sections 2231, 2232, and 2233 of this title do not apply to any harbor or inland harbor project for that portion of the Saint Lawrence Seaway administered by the Great Lakes St. Lawrence Seaway Development Corporation.
(Pub. L. 99662, title II, § 206, Nov. 17, 1986, 100 Stat. 4102; Pub. L. 116260, div. AA, title V, § 512(c)(5)(A), Dec. 27, 2020, 134 Stat. 2756.)
## Notes
Editorial Notes
Amendments2020—Pub. L. 116260 substituted “Great Lakes St. Lawrence Seaway Development Corporation” for “Saint Lawrence Seaway Development Corporation”.
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# 33 U.S.C. § 2235 - Construction in usable increments
## Text
Any navigation project for a harbor or inland harbor authorized by this subchapter or any other provision of law enacted before, on, or after November 17, 1986, may be constructed in usable increments.
(Pub. L. 99662, title II, § 207, Nov. 17, 1986, 100 Stat. 4102.)
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# 33 U.S.C. § 2236 - Port or harbor dues
## Text
(a) Consent of Congress Subject to the following conditions, a non-Federal interest may levy port or harbor dues (in the form of tonnage duties or fees) on a vessel engaged in trade entering or departing from a harbor and on cargo loaded on or unloaded from that vessel under clauses 2 and 3 of section 10, and under clause 3 of section 8, of Article 1 of the Constitution:
(1) Purposes Port or harbor dues may be levied only in conjunction with a harbor navigation project whose construction is complete (including a usable increment of the project) and for the following purposes and in amounts not to exceed those necessary to carry out those purposes:
(A) (i) to finance the non-Federal share of construction and operation and maintenance costs of a navigation project for a harbor under the requirements of section 2211 of this title; or
(ii) to finance the cost of construction and operation and maintenance of a navigation project for a harbor under section 2232 or 2233 of this title; and
(B) provide emergency response services in the harbor, including contingency planning, necessary personnel training, and the procurement of equipment and facilities.
(2) Limitation on port or harbor dues for emer­gency service Port or harbor dues may not be levied for the purposes described in paragraph (1)(B) of this subsection after the dues cease to be levied for the purposes described in paragraph (1)(A) of this subsection.
(3) General limitations (A) Port or harbor dues may not be levied under this section in conjunction with a deepening feature of a navigation improvement project on any vessel if that vessel, based on its design draft, could have utilized the project at mean low water before construction. In the case of project features which solely—
(i) widen channels or harbors,
(ii) create or enlarge bend easings, turning basins or anchorage areas, or provide protected areas, or
(iii) remove obstructions to navigation,
only vessels at least comparable in size to those used to justify these features may be charged under this section.
(B) In developing port or harbor dues that may be charged under this section on vessels for project features constructed under this subchapter, the non-Federal interest may consider such criteria as: elapsed time of passage, safety of passage, vessel economy of scale, under keel clearance, vessel draft, vessel squat, vessel speed, sinkage, and trim.
(C) Port or harbor dues authorized by this section shall not be imposed on—
(i) vessels owned and operated by the United States Government, a foreign country, a State, or a political subdivision of a country or State, unless engaged in commercial services;
(ii) towing vessels, vessels engaged in dredging activities, or vessels engaged in intraport movements; or
(iii) vessels with design drafts of 20 feet or less when utilizing general cargo and deep-draft navigation projects.
(4) Formulation of port or harbor dues Port or harbor dues may be levied only on a vessel entering or departing from a harbor and its cargo on a fair and equitable basis. In formulating port and harbor dues, the non-Federal interest shall consider—
(A) the direct and indirect cost of construction, operations, and maintenance, and providing the facilities and services under paragraph (1) of this subsection;
(B) the value of those facilities and services to the vessel and cargo;
(C) the public policy or interest served; and
(D) any other pertinent factors.
(5) Notice and hearing (A) Before the initial levy of or subsequent modification to port or harbor dues under this section, a non-Federal interest shall transmit to the Secretary—
(i) the text of the proposed law, regulation, or ordinance that would establish the port or harbor dues, including provisions for their administration, collection, and enforcement;
(ii) the name, address, and telephone number of an official to whom comments on and requests for further information on the proposal are to be directed;
(iii) the date by which comments on the proposal are due and a date for a public hearing on the proposal at which any interested party may present a statement; however, the non-Federal interest may not set a hearing date earlier than 45 days after the date of publication of the notice in the Federal Register required by subparagraph (B) of this paragraph or set a deadline for receipt of comments earlier than 60 days after the date of publication; and
(iv) a written statement signed by an appropriate official that the non-Federal interest agrees to be governed by the provisions of this section.
(B) On receiving from a non-Federal interest the information required by subparagraph (A) of this paragraph, the Secretary shall transmit the material required by clauses (i) through (iii) of subparagraph (A) of this paragraph to the Federal Register for publication.
(C) Port or harbor dues may be imposed by a non-Federal interest only after meeting the conditions of this paragraph.
(6) Requirements on non-Federal interest A non-Federal interest shall—
(A) file a schedule of any port or harbor dues levied under this subsection with the Secretary and the Federal Maritime Commission, which the Commission shall make available for public inspection;
(B) provide to the Comptroller General of the United States on request of the Comptroller General any records or other evidence that the Comptroller General considers to be necessary and appropriate to enable the Comptroller General to carry out the audit required under subsection (b) 11 See References in Text note below. of this section;
(C) designate an officer or authorized representative, including the Secretary of the Treasury acting on a cost-reimbursable basis, to receive tonnage certificates and cargo manifests from vessels which may be subject to the levy of port or harbor dues, export declarations from shippers, consignors, and terminal operators, and such other documents as the non-Federal interest may by law, regulation, or ordinance require for the imposition, computation, and collection of port or harbor dues; and
(D) consent expressly to the exclusive exercise of Federal jurisdiction under subsection (c) 1 of this section.
(b) Jurisdiction (1) The district court of the United States for the district in which is located a non-Federal interest that levies port or harbor dues under this section has original and exclusive jurisdiction over any matter arising out of or concerning, the imposition, computation, collection, and enforcement of port or harbor dues by a non-Federal interest under this section.
(2) Any person who suffers legal wrong or is adversely affected or aggrieved by the imposition by a non-Federal interest of a proposed scheme or schedule of port or harbor dues under this section may, not later than 180 days after the date of hearing under subsection (a)(5)(A)(iii) of this section, commence an action to seek judicial review of that proposed scheme or schedule in the appropriate district court under paragraph (1).
(3) On petition of the Attorney General or any other party, that district court may—
(A) grant appropriate injunctive relief to restrain an action by that non-Federal interest violating the conditions of consent in subsection (a) of this section;
(B) order the refund of any port or harbor dues not lawfully collected; and
(C) grant other appropriate relief or remedy.
(c) Collection of duties (1) 22 So in original. No par. (2) has been enacted. Delivery of certificate and manifest (A) Upon arrival of vessel Upon the arrival of a vessel in a harbor in which the vessel may be subject to the levy of port or harbor dues under this section, the master of that vessel shall, within forty-eight hours after arrival and before any cargo is unloaded from that vessel, deliver to the appropriate authorized representative appointed under subsection (a)(6)(C) of this section a tonnage certificate for the vessel and a manifest of the cargo aboard that vessel or, if the vessel is in ballast, a declaration to that effect.
(B) Before departure of vessel The shipper, consignor, or terminal operator having custody of any cargo to be loaded on board a vessel while the vessel is in a harbor in which the vessel may be subject to the levy of port or harbor dues under this section shall, within forty-eight hours before departure of that vessel, deliver to the appropriate authorized representative appointed under subsection (a)(6)(C) of this section an export declaration specifying the cargo to be loaded on board that vessel.
(d) Enforcement At the request of an authorized representative referred to in subsection (a)(6)(C) of this section, the Secretary of the Treasury may:
(1) withhold the clearance required by section 60105 of title 46 for a vessel if the master, owner, or operator of a vessel subject to port or harbor dues under this section fails to comply with the provisions of this section including any non-Federal law, regulation or ordinance issued hereunder; and
(2) assess a penalty or initiate a forfeiture of the cargo in the same manner and under the same procedures as are applicable for failure to pay customs duties under the Tariff Act of 1930 (19 U.S.C. 1202 et seq.) if the shipper, consignor, consignee, or terminal operator having title to or custody of cargo subject to port or harbor dues under this section fails to comply with the provisions of this section including any non-Federal law, regulation, or ordinance issued hereunder.
(e) Maritime Lien Port or harbor dues levied under this section against a vessel constitute a maritime lien against the vessel and port or harbor dues levied against cargo constitute a lien against the cargo that may be recovered in an action in the district court of the United States for the district in which the vessel or cargo is found.
(Pub. L. 99662, title II, § 208, Nov. 17, 1986, 100 Stat. 4102; Pub. L. 10466, title I, § 1021(g), Dec. 21, 1995, 109 Stat. 713.)
## Notes
Editorial Notes
References in TextSubsection (b) of this section, referred to in subsec. (a)(6)(B), which related to audits, was struck out by Pub. L. 10466 and subsec. (c) was redesignated as subsec. (b). Subsection (c) of this section, referred to in subsec. (a)(6)(D), which related to jurisdiction, was redesignated as subsec. (b) by Pub. L. 10466. The Tariff Act of 1930, referred to in subsec. (d)(2), is act June 17, 1930, ch. 497, 46 Stat. 590, which is classified generally to chapter 4 (§ 1202 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see section 1654 of Title 19 and Tables.
Codification In subsec. (d)(1), “section 60105 of title 46” substituted for “section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91)” on authority of Pub. L. 109304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping.
Amendments1995—Subsecs. (b) to (f). Pub. L. 10466 redesignated subsecs. (c) to (f) as (b) to (e), respectively, and struck out heading and text of former subsec. (b). Text read as follows: “The Comptroller General of the United States shall— “(1) carry out periodic audits of the operations of non-Federal interests that elect to levy port or harbor dues under this section to determine if the conditions of subsection (a) of this section are being complied with; “(2) submit to each House of the Congress a written report containing the findings resulting from each audit; and “(3) make any recommendations that the Comptroller General considers appropriate regarding the compliance of those non-Federal interests with the requirements of this section.”
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# 33 U.S.C. § 2237 - Information for national security
## Text
Any non-Federal interest shall provide the United States the information necessary for military readiness planning and harbor, inland harbor, and national security, including information necessary to obtain national security clearances for individuals employed in critical harbor and inland harbor positions.
(Pub. L. 99662, title II, § 209, Nov. 17, 1986, 100 Stat. 4106.)
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# 33 U.S.C. § 2238 - Authorization of appropriations
## Text
(a) Trust fund There are authorized to be appropriated out of the Harbor Maintenance Trust Fund, established by section 9505 of title 26, for each fiscal year such sums as may be necessary to pay—
(1) 100 percent of the eligible operations and maintenance costs of those portions of the Saint Lawrence Seaway operated and maintained by the Great Lakes St. Lawrence Seaway Development Corporation for such fiscal year; and
(2) up to 100 percent of the eligible operations and maintenance costs assigned to commercial navigation of all harbors and inland harbors within the United States.
(b) General fund There are authorized to be appropriated out of the general fund of the Treasury of the United States for each fiscal year such sums as may be necessary to pay the balance of all eligible operations and maintenance costs not provided by payments from the Harbor Maintenance Trust Fund under this section.
(c) Operation and maintenance of harbor projects (1) In general To the maximum extent practicable, the Secretary shall make expenditures to pay for operation and maintenance costs of the harbors and inland harbors referred to in subsection (a)(2), including expenditures of funds appropriated from the Harbor Maintenance Trust Fund, based on an equitable allocation of funds among all such harbors and inland harbors.
(2) Criteria (A) In general In determining an equitable allocation of funds under paragraph (1), the Secretary shall—
(i) consider the information obtained in the assessment conducted under subsection (e);
(ii) consider the national and regional significance of harbor operations and maintenance; and
(iii) as appropriate, consider national security and military readiness needs.
(B) Limitation The Secretary shall not allocate funds under paragraph (1) based solely on the tonnage transiting through a harbor.
(3) Emerging harbor projects (A) Allocation Notwithstanding any other provision of this subsection, in making expenditures under paragraph (1) for each fiscal year, the Secretary shall allocate for operation and maintenance costs of emerging harbor projects an amount that is not less than 10 percent of the funds made available under this section for fiscal year 2012 to pay the costs described in subsection (a)(2).
(B) Additional uses at emerging harbors (i) Uses In each fiscal year, the Secretary may use not more than $5,000,000 of funds allocated for emerging harbor projects under paragraph (1) to pay for the costs of up to 10 projects for maintenance dredging of a marina or berthing area, in an emerging harbor, that includes an area that is located adjacent to, or is accessible by, a Federal navigation project, subject to clauses (ii) and (iii) of this subparagraph.
(ii) Eligible emerging harbors The Secretary may use funds as authorized under clause (i) at an emerging harbor that—
(I) supports commercial activities, including commercial fishing operations, commercial fish processing operations, recreational and sport fishing, and commercial boat yards; or
(II) supports activities of the Secretary of the department in which the Coast Guard is operating.
(iii) Cost-sharing requirements The Secretary shall require a non-Federal interest to contribute not less than 25 percent of the costs for maintenance dredging of that portion of a maintenance dredging project described in clause (i) that is located outside of the Federal navigation project, which may be provided as an in-kind contribution, including through the use of dredge equipment owned by non-Federal interest to carry out such activities.
(4) Management of Great Lakes Navigation System To sustain effective and efficient operation and maintenance of the Great Lakes Navigation System, including any navigation feature in the Great Lakes that is a Federal responsibility with respect to operation and maintenance, the Secretary shall manage all of the individually authorized projects in the Great Lakes Navigation System as components of a single, comprehensive system, recognizing the interdependence of the projects.
(d) Prioritization (1) Priority (A) In general For each fiscal year, if priority funds are available, the Secretary shall use at least 10 percent of such funds for emerging harbor projects.
(B) Additional considerations For each fiscal year, of the priority funds available, the Secretary shall use—
(i) not less than 5 percent of such funds for underserved harbor projects; and
(ii) not less than 10 percent of such funds for projects that are located within the Great Lakes Navigation System.
(C) Underserved harbors In determining which underserved harbor projects shall receive funds under this paragraph, the Secretary shall consider—
(i) the total quantity of commerce supported by the water body on which the project is located; and
(ii) the minimum width and depth that—
(I) would be necessary at the underserved harbor project to provide sufficient clearance for fully loaded commercial vessels using the underserved harbor project to maneuver safely; and
(II) does not exceed the constructed width and depth of the authorized navigation project.
(2) Expanded uses (A) Definition of eligible harbor or inland harbor defined In this paragraph, the term “eligible harbor or inland harbor” means a harbor or inland harbor at which the total amount of harbor maintenance taxes collected in the immediately preceding 3 fiscal years exceeds the value of the work carried out for the harbor or inland harbor using amounts from the Harbor Maintenance Trust Fund during those 3 fiscal years.
(B) Use of expanded uses funds (i) Fiscal years 2015 through 2024 For each of fiscal years 2015 through 2024, of the priority funds available, the Secretary shall use not less than 10 percent of such funds for expanded uses carried out at an eligible harbor or inland harbor.
(ii) Subsequent fiscal years For fiscal year 2025 and each fiscal year thereafter, the Secretary shall use not less than 10 percent of the priority funds available for expanded uses carried out at an eligible harbor or inland harbor.
(C) Prioritization In allocating funds under this paragraph, the Secretary shall give priority to projects at eligible harbors or inland harbors for which the difference, calculated in dollars, is greatest between—
(i) the total amount of funding made available for projects at that eligible harbor or inland harbor from the Harbor Maintenance Trust Fund in the immediately preceding 3 fiscal years; and
(ii) the total amount of harbor maintenance taxes collected at that harbor or inland harbor in the immediately preceding 3 fiscal years.
(3) Remaining funds (A) In general For each of fiscal years 2015 through 2024, if after fully funding all projects eligible for funding under paragraphs (1)(B) and (2)(B)(i), priority funds made available under those paragraphs remain unobligated, the Secretary shall use those remaining funds to pay for operation and maintenance costs of any harbor or inland harbor referred to in subsection (a)(2) based on an equitable allocation of those funds among the harbors and inland harbors.
(B) Criteria In determining an equitable allocation of funds under subparagraph (A), the Secretary shall—
(i) use the criteria specified in subsection (c)(2)(A); and
(ii) make amounts available in accordance with the requirements of paragraph (1)(A).
(4) Emergency expenditures Nothing in this subsection prohibits the Secretary from making an expenditure to pay for the operation and maintenance costs of a specific harbor or inland harbor, including the transfer of funding from the operation and maintenance of a separate project, if—
(A) the Secretary determines that the action is necessary to address the navigation needs of a harbor or inland harbor where safe navigation has been severely restricted due to an unforeseen event; and
(B) the Secretary provides within 90 days of the action notice and information on the need for the action to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives.
(e) Assessment of harbors and inland harbors (1) In general Not later than 270 days after June 10, 2014, and biennially thereafter, the Secretary shall assess, and issue a report to Congress on, the operation and maintenance needs and uses of the harbors and inland harbors referred to in subsection (a)(2).
(2) Assessment of harbor needs and activities (A) Total operation and maintenance needs of harbors In carrying out paragraph (1), the Secretary shall identify—
(i) the total future costs required to achieve and maintain the constructed width and depth for the harbors and inland harbors referred to in subsection (a)(2); and
(ii) the total expected costs for uses described in subsection (c)(3)(B) and expanded uses at eligible harbors or inland harbors referred to in subsection (d)(2).
(B) Uses of harbors and inland harbors In carrying out paragraph (1), the Secretary shall identify current uses (and, to the extent practicable, assess the national, regional, and local benefits of such uses) of harbors and inland harbors referred to in subsection (a)(2), including the use of those harbors for—
(i) commercial navigation, including the movement of goods;
(ii) domestic trade;
(iii) international trade;
(iv) commercial fishing;
(v) subsistence, including use by Indian tribes (as defined in section 5304 of title 25) for subsistence and ceremonial purposes;
(vi) use as a harbor of refuge;
(vii) transportation of persons;
(viii) purposes relating to domestic energy production, including the fabrication, servicing, or supply of domestic offshore energy production facilities;
(ix) activities of the Secretary of the department in which the Coast Guard is operating;
(x) activities of the Secretary of the Navy;
(xi) public health and safety related equipment for responding to coastal and inland emergencies;
(xii) recreation purposes; and
(xiii) other authorized purposes.
(C) Opportunities for beneficial use of dredged materials In carrying out paragraph (1), the Secretary shall identify potential opportunities for the beneficial use of dredged materials obtained from harbors and inland harbors referred to in subsection (a)(2), including projects eligible under section 1122 of the Water Resources Development Act of 2016 (130 Stat. 1645; 33 U.S.C. 2326 note 11 See References in Text note below.).
(f) Definitions In this section:
(1) Constructed width and depth The term “constructed width and depth” means the width and depth to which a project has been constructed, which may not exceed the authorized width and depth of the project.
(2) Emerging harbor The term “emerging harbor” means a harbor or inland harbor referred to in subsection (a)(2) that transits less than 1,000,000 tons of cargo annually.
(3) Emerging harbor project The term “emerging harbor project” means a project that is assigned to an emerging harbor.
(4) Expanded uses The term “expanded uses” means the following activities:
(A) The maintenance dredging of a berth in a harbor that is accessible to a Federal navigation project and that benefits commercial navigation at the harbor.
(B) The maintenance dredging and disposal of legacy-contaminated sediment, and sediment unsuitable for open water disposal, if—
(i) such dredging and disposal benefits commercial navigation at the harbor; and
(ii) such sediment is located in and affects the maintenance of a Federal navigation project or is located in a berth that is accessible to a Federal navigation project.
(C) An in-water improvement, if the improvement—
(i) is for the seismic reinforcement of a wharf or other berthing structure, or the repair or replacement of a deteriorating wharf or other berthing structure, at a port facility;
(ii) benefits commercial navigation at the harbor; and
(iii) is located in, or adjacent to, a berth that is accessible to a Federal navigation project.
(D) An activity to maintain slope stability at a berth in a harbor that is accessible to a Federal navigation project if such activity benefits commercial navigation at the harbor.
(5) Great Lakes Navigation System The term “Great Lakes Navigation System” includes—
(A) (i) Lake Superior;
(ii) Lake Huron;
(iii) Lake Michigan;
(iv) Lake Erie; and
(v) Lake Ontario;
(B) all connecting waters between the lakes referred to in subparagraph (A) used for commercial navigation;
(C) any navigation features in the lakes referred to in subparagraph (A) or waters described in subparagraph (B) that are a Federal operation or maintenance responsibility; and
(D) areas of the Saint Lawrence River that are operated or maintained by the Federal Government for commercial navigation.
(6) Harbor maintenance tax The term “harbor maintenance tax” means the amounts collected under section 4461 of title 26.
(7) Moderate-use harbor project The term “moderate-use harbor project” means a project that is assigned to a harbor or inland harbor referred to in subsection (a)(2) that transits annually—
(A) more than 1,000,000 tons of cargo; but
(B) less than 10,000,000 tons of cargo.
(8) Priority funds The term “priority funds” means the difference between—
(A) the total funds that are made available under this section to pay the costs described in subsection (a)(2) for a fiscal year; and
(B) the total funds made available under this section to pay the costs described in subsection (a)(2) in fiscal year 2012.
(9) Underserved harbor project (A) In general The term “underserved harbor project” means a project that is assigned to a harbor or inland harbor referred to in subsection (a)(2)—
(i) that is a moderate-use harbor project or an emerging harbor project;
(ii) that has been maintained at less than the constructed width and depth of the project during each of the preceding 6 fiscal years; and
(iii) for which State and local investments in infrastructure have been made at those projects during the preceding 6 fiscal years.
(B) Administration For purposes of this paragraph, State and local investments in infrastructure shall include infrastructure investments made using amounts made available for activities under section 5305(a)(9) of title 42.
(Pub. L. 99662, title II, § 210, Nov. 17, 1986, 100 Stat. 4106; Pub. L. 101640, title III, § 316, Nov. 28, 1990, 104 Stat. 4641; Pub. L. 113121, title II, § 2102(a), June 10, 2014, 128 Stat. 1273; Pub. L. 114322, title I, §§ 1103, 1107, 1114, Dec. 16, 2016, 130 Stat. 1633, 1634, 1638; Pub. L. 115270, title I, § 1216, Oct. 23, 2018, 132 Stat. 3810; Pub. L. 116260, div. AA, title I, § 102(b), title V, § 512(c)(5)(B), Dec. 27, 2020, 134 Stat. 2619, 2756; Pub. L. 118272, div. A, title II, § 1206(d)(1), Jan. 4, 2025, 138 Stat. 3077.)
## Notes
Editorial Notes
References in TextSection 1122 of the Water Resources Development Act of 2016, referred to in subsec. (e)(2)(C), is section 1122 of Pub. L. 114322, title I, § 1122, Dec. 16, 2016, 130 Stat. 1645. Subsecs. (a) to (h) of section 1122, which was formerly set out as a note under section 2326 of this title, was transferred to section 2326i of this title. Subsec. (i) of section 1122 amended section 2326 of this title. Subsec. (j) of section 1122 amended section 1962d5f of Title 42, The Public Health and Welfare.
Amendments2025—Subsec. (e)(3). Pub. L. 118272 struck out par. (3) which related to report to Congress with respect to harbors and inland harbors referred to in subsection (a)(2). 2020—Subsec. (a)(1). Pub. L. 116260, § 512(c)(5)(B), substituted “Great Lakes St. Lawrence Seaway Development Corporation” for “Saint Lawrence Seaway Development Corporation”. Subsec. (c)(3). Pub. L. 116260, § 102(b)(1), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B). Subsec. (e)(2)(A)(ii). Pub. L. 116260, § 102(b)(2), inserted “uses described in subsection (c)(3)(B) and” after “costs for”. Subsec. (f)(2), (3). Pub. L. 116260, § 102(b)(3)(C), added pars. (2) and (3) and struck out former par. (2) which defined “emerging harbor project”. Subsec. (f)(4). Pub. L. 116260, § 102(b)(3)(B), redesignated par. (3) as (4) and added subpars. (C) and (D). Former par. (4) redesignated (5). Subsec. (f)(4)(C), (D). Pub. L. 116260, § 102(b)(3)(D), added subpars. (C) and (D). Subsec. (f)(5). Pub. L. 116260, § 102(b)(3)(B), redesignated par. (4) as (5). Former par. (5) redesignated (6). Subsec. (f)(6). Pub. L. 116260, § 102(b)(3)(A), (B), redesignated par. (5) as (6) and struck out former par. (6) which defined “high-use harbor project”. 2018—Subsec. (e)(1). Pub. L. 115270, § 1216(1), substituted “shall assess, and issue a report to Congress on, the” for “shall assess the”. Subsec. (e)(2)(C). Pub. L. 115270, § 1216(2), added subpar. (C). 2016—Subsec. (c)(3). Pub. L. 114322, § 1103(1), substituted “for each fiscal year” for “for each of fiscal years 2015 through 2022”. Subsec. (d)(1)(A). Pub. L. 114322, § 1103(2), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “For each of fiscal years 2015 through 2024, if priority funds are available, the Secretary shall use the priority funds as follows: “(i) 90 percent of the priority funds shall be used for high- and moderate-use harbor projects. “(ii) 10 percent of the priority funds shall be used for emerging harbor projects.” Subsec. (d)(1)(B). Pub. L. 114322, § 1107, substituted “For each fiscal year” for “For each of fiscal years 2015 through 2024” in introductory provisions. Subsec. (e)(3)(B), (C). Pub. L. 114322, § 1114, added subpar. (B) and redesignated former subpar. (B) as (C). 2014—Subsecs. (c) to (f). Pub. L. 113121 added subsecs. (c) to (f). 1990—Subsec. (a)(2). Pub. L. 101640 substituted “up to 100 percent” for “not more than 40 percent”.
Statutory Notes and Related Subsidiaries
Emerging HarborsPub. L. 118272, div. A, title I, § 1129, Jan. 4, 2025, 138 Stat. 3018, provided that: “Not later than 90 days after the date of enactment of this Act [Jan. 4, 2025], the Secretary [of the Army] shall— “(1) issue guidance for the purpose of carrying out section 210(c)(3)(B) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(c)(3)(B)); and “(2) develop a mechanism to accept the non-Federal share of funds from a non-Federal interest for maintenance dredging carried out under such section.”
Annual Report on Harbor Maintenance Needs and Trust Fund ExpendituresPub. L. 118272, div. A, title II, § 1206(a)(c), Jan. 4, 2025, 138 Stat. 3076, 3077, provided that: “(a) In General.—On the date on which the budget of the President is submitted to Congress pursuant to section 1105 of title 31, United States Code, for fiscal year 2026, and for each fiscal year thereafter, the Secretary [of the Army] shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing—“(1) with respect to the fiscal year for which the budget is submitted, the operation and maintenance costs associated with harbors and inland harbors described in section 210(a)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(a)(2)), including a description of the costs required to achieve and maintain the constructed width and depth for such harbors and inland harbors and the costs for expanded uses at eligible harbors and inland harbors (as defined in section 210(d)(2) of such Act [33 U.S.C. 2238(d)(2)]), on a project-by-project basis; “(2) as of the date on which the report is submitted, expenditures and deposits into the Harbor Maintenance Trust Fund established under section 9505 of the Internal Revenue Code of 1986 [26 U.S.C. 9505]; “(3) an identification of the amount of funding requested in the budget of the President for the operation and maintenance costs associated with such harbors and inland harbors, on a project-by-project basis; “(4) an explanation of how the amount of funding described in paragraph (2) complies with the requirements of section 102 [probably should be “102(a)”] of the Water Resources Development Act of 2020 [div. AA of Pub. L. 116260] (33 U.S.C. 2238 note); “(5) an identification of the unmet operation and maintenance needs associated with such harbors and inland harbors, on a project-by-project basis, that remains after accounting for the amount identified under paragraph (3); and “(6) a description of deposits made into the Harbor Maintenance Trust Fund in the fiscal year preceding the fiscal year of the applicable budget submission and the sources of such deposits. “(b) Additional Requirement.—In the first report required to be submitted under subsection (a), the Secretary shall identify, to the maximum extent practicable, transportation cost savings realized by achieving and maintaining the constructed width and depth for the harbors and inland harbors described in section 210(a)(2) of the Water Resources Development Act of 1986 [33 U.S.C. 2238(a)(2)], on a project-by-project basis. “(c) Public Availability.—The Secretary shall make the report submitted under subsection (a) publicly available, including on a publicly available website.”
Criteria for Funding Operation and Maintenance of Small, Remote, and Subsistence HarborsPub. L. 117263, div. H, title LXXXI, § 8131, Dec. 23, 2022, 136 Stat. 3718, provided that: “(a) In General.—Not later than 180 days after the date of enactment of this Act [Dec. 23, 2022], the Secretary [of the Army] shall develop specific criteria for the annual evaluation and ranking of maintenance dredging requirements for small harbors and remote and subsistence harbors, taking into account the following:“(1) The contribution of a harbor to the local and regional economy. “(2) The extent to which a harbor has deteriorated since the last cycle of maintenance dredging. “(3) Public safety concerns. “(b) Inclusion in Guidance.—The Secretary shall include the criteria developed under subsection (a) in the annual Civil Works Direct Program Development Policy Guidance of the Secretary. “(c) Report to Congress.—The Secretary shall include in each biennial report submitted under section 210(e)(3) of the Water Resources Development Act of 1986 ([former] 33 U.S.C. 2238(e)(3)) a ranking of projects in accordance with the criteria developed under subsection (a) of this section. “(d) Definitions.—In this section:“(1) Remote and subsistence harbor.—The term remote and subsistence harbor means a harbor with respect to which section 2006 of the Water Resources Development Act of 2007 (33 U.S.C. 2242) applies, as determined by the Secretary [of the Army]. “(2) Small harbor.—The term small harbor includes an emerging harbor, as such term is defined in section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238).”
Authorization of Appropriations for NavigationPub. L. 116260, div. AA, title I, § 102(a), Dec. 27, 2020, 134 Stat. 2618, provided that: “(1) In general.—In carrying out subsection (c) of section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238), for each fiscal year, of the funds made available under such section (including funds appropriated from the Harbor Maintenance Trust Fund), the Secretary [of the Army] shall, to the extent practicable, unless otherwise directed in an Act making appropriations for the Corps of Engineers, make expenditures to pay for operation and maintenance costs of the harbors and inland harbors referred to in subsection (a)(2) of such section, to the extent there are identifiable operations and maintenance needs, of—“(A) not less than 15 percent of such funds for emerging harbor projects, including eligible breakwater and jetty needs at such harbor projects; “(B) not less than 13 percent of such funds for projects that are located within the Great Lakes Navigation System; “(C) 12 percent of such funds for expanded uses carried out at donor ports and energy transfer ports, of which—“(i) ⅓ shall be provided to energy transfer ports; and “(ii) ⅔ shall be provided to donor ports; “(D) not less than 17 percent of such funds for projects that are assigned to commercial strategic seaports; and “(E) any remaining funds for operation and maintenance costs of any harbor or inland harbor referred to in such subsection (a)(2) [33 U.S.C. 2238(a)(2)] based on an equitable allocation of such funds among such harbors and inland harbors, in accordance with subsection (c)(1) of such section 210 [33 U.S.C. 2238(c)(1)]. “(2) Definitions.—In this subsection:“(A) Commercial strategic seaport.—The term commercial strategic seaport means a commercial harbor supporting the coordination of efficient port operations during peacetime and national defense emergencies that is designated as strategic through the National Port Readiness Network. “(B) Donor port; energy transfer port.—The terms donor port and energy transfer port have the meanings given those terms in section 2106 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238c). “(C) Emerging harbor project; great lakes navigation system.—The terms emerging harbor project and Great Lakes Navigation System have the meanings given those terms in section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238). “(3) Effective date.—This subsection shall take effect on October 1, 2022.”
GuidancePub. L. 113121, title II, § 2102(d), as added by Pub. L. 114322, title I, § 1112, Dec. 16, 2016, 130 Stat. 1637, provided that: “Not later than 90 days after the date of enactment of the Water Resources Development Act of 2016 [Dec. 16, 2016], the Secretary [of the Army] shall publish on the website of the Corps of Engineers guidance on the implementation of this section [amending this section, section 2211 of this title, and section 9505 of Title 26, Internal Revenue Code] and the amendments made by this section.”
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# 33 U.S.C. § 2238a - Estimate of harbor maintenance needs
## Text
For fiscal year 2014 and each fiscal year thereafter, the Presidents budget request submitted pursuant to section 1105 of title 31, United States Code, shall include—
(1) an estimate of the nationwide average availability, expressed as a percentage, of the authorized depth and authorized width of all navigation channels authorized to be maintained using appropriations from the Harbor Maintenance Trust Fund that would result from harbor maintenance activities to be funded by the budget request; and
(2) an estimate of the average annual amount of appropriations from the Harbor Maintenance Trust Fund that would be required to increase that average availability to 95 percent over a 3-year period.
(Pub. L. 112141, div. A, title I, § 1537, July 6, 2012, 126 Stat. 585.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Moving Ahead for Progress in the 21st Century Act, also known as the MAP21, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
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# 33 U.S.C. § 2238b1 - Budgetary treatment expansion and adjustment for the Harbor Maintenance Trust Fund
## Text
Any discretionary appropriation for the Corps of Engineers—
(1) derived from the Harbor Maintenance Trust Fund, in this fiscal year and thereafter, not to exceed the sum of—
(A) the total amount deposited in the Harbor Maintenance Trust Fund in the fiscal year that is two years prior to the fiscal year for which the appropriation is being made; and
(B) (i) $500,000,000 for fiscal year 2021;
(ii) $600,000,000 for fiscal year 2022;
(iii) $700,000,000 for fiscal year 2023;
(iv) $800,000,000 for fiscal year 2024;
(v) $900,000,000 for fiscal year 2025;
(vi) $1,000,000,000 for fiscal year 2026;
(vii) $1,200,000,000 for fiscal year 2027;
(viii) $1,300,000,000 for fiscal year 2028;
(ix) $1,400,000,000 for fiscal year 2029; and
(x) $1,500,000,000 for fiscal year 2030 and thereafter; and
(2) for the Operation and Maintenance account of the Corps of Engineers which is designated in statute as being to carry out subsection (c) of section 2238c of this title, not to exceed—
(A) $50,000,000 for fiscal year 2021;
(B) $50,000,000 for fiscal year 2022;
(C) $56,000,000 for fiscal year 2023;
(D) $58,000,000 for fiscal year 2024;
(E) $60,000,000 for fiscal year 2025;
(F) $62,000,000 for fiscal year 2026;
(G) $64,000,000 for fiscal year 2027;
(H) $66,000,000 for fiscal year 2028;
(I) $68,000,000 for fiscal year 2029; and
(J) $70,000,000 for fiscal year 2030;
shall be subtracted from the estimate of discretionary budget authority and outlays for any estimate of an appropriations Act under the Congressional Budget and Impoundment Control Act of 1974 or the Balanced Budget and Emergency Deficit Control Act of 1985.
(Pub. L. 116136, div. B, title IV, § 14003, Mar. 27, 2020, 134 Stat. 526; Pub. L. 116260, div. AA, title I, § 101, Dec. 27, 2020, 134 Stat. 2618.)
## Notes
Editorial Notes
References in TextThe Congressional Budget and Impoundment Control Act of 1974, referred to in concluding provisions, is Pub. L. 93344, July 12, 1974, 88 Stat. 297. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2, The Congress, and Tables. The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in concluding provisions, is title II of Pub. L. 99177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§ 900 et seq.) and sections 654 to 656 of Title 2, The Congress, amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of Title 2, enacted provisions set out as notes under section 900 of Title 2 and section 911 of Title 42, and amended provisions set out as a note under section 621 of Title 2. For complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and Tables.
Codification Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Amendments2020—Pub. L. 116260 amended section generally. Prior to amendment, text read as follows: “Any discretionary appropriation for the Corps of Engineers derived from the Harbor Maintenance Trust Fund (not to exceed the total amount deposited in the Harbor Maintenance Trust Fund in the prior fiscal year) shall be subtracted from the estimate of discretionary budget authority and outlays for any estimate of an appropriations Act under the Congressional Budget and Impoundment Control Act of 1974 or the Balanced Budget and Emergency Deficit Control Act of 1985: Provided, That the modifications described in this section shall not take effect until the earlier of January 1, 2021 or the date of enactment of legislation authorizing the development of water resources and shall remain in effect thereafter.”
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# 33 U.S.C. § 2238b - Funding for harbor maintenance programs
## Text
(a) Definitions In this section:
(1) Total amount of harbor maintenance taxes received The term “total amount of harbor maintenance taxes received” means, with respect to a fiscal year, the aggregate of amounts appropriated, transferred, or credited to the Harbor Maintenance Trust Fund under section 9505(a) of title 26 for that fiscal year as set forth in the current year estimate provided in the Presidents budget request for the subsequent fiscal year, submitted pursuant to section 1105 of title 31.
(2) Total budget resources The term “total budget resources” means the total amount made available by appropriations Acts from the Harbor Maintenance Trust Fund for a fiscal year for making expenditures under section 9505(c) of title 26.
(b) Target appropriations (1) In general Except as provided in subsection (c), the target total budget resources made available to the Secretary from the Harbor Maintenance Trust Fund for a fiscal year shall be not less than the following:
(A) For fiscal year 2015, 67 percent of the total amount of harbor maintenance taxes received in fiscal year 2014.
(B) For fiscal year 2016, 69 percent of the total amount of harbor maintenance taxes received in fiscal year 2015.
(C) For fiscal year 2017, 71 percent of the total amount of harbor maintenance taxes received in fiscal year 2016.
(D) For fiscal year 2018, 74 percent of the total amount of harbor maintenance taxes received in fiscal year 2017.
(E) For fiscal year 2019, 77 percent of the total amount of harbor maintenance taxes received in fiscal year 2018.
(F) For fiscal year 2020, 80 percent of the total amount of harbor maintenance taxes received in fiscal year 2019.
(G) For fiscal year 2021, 83 percent of the total amount of harbor maintenance taxes received in fiscal year 2020.
(H) For fiscal year 2022, 87 percent of the total amount of harbor maintenance taxes received in fiscal year 2021.
(I) For fiscal year 2023, 91 percent of the total amount of harbor maintenance taxes received in fiscal year 2022.
(J) For fiscal year 2024, 95 percent of the total amount of harbor maintenance taxes received in fiscal year 2023.
(K) For fiscal year 2025, and each fiscal year thereafter, 100 percent of the total amount of harbor maintenance taxes received in the previous fiscal year.
(2) Use of amounts The total budget resources described in paragraph (1) may be used only for making expenditures under section 9505(c) of title 26.
(c) Exception If the target total budget resources for a fiscal year described in subparagraphs (A) through (J) of subsection (b)(1) is lower than the target total budget resources for the previous fiscal year, the target total budget resources shall be adjusted to be equal to the lesser of—
(1) 103 percent of the total budget resources appropriated for the previous fiscal year; or
(2) 100 percent of the total amount of harbor maintenance taxes received in the previous fiscal year.
(d) Impact on other funds (1) Sense of Congress It is the sense of Congress that any increase in funding for harbor maintenance programs under this section shall result from an overall increase in appropriations for the civil works program of the Corps of Engineers and not from reductions in the appropriations for other programs, projects, and activities carried out by the Corps of Engineers for other authorized purposes.
(2) Application The target total budget resources for a fiscal year specified in subsection (b)(1) shall only apply in a fiscal year for which the level of appropriations provided for the civil works program of the Corps of Engineers in that fiscal year is increased, as compared to the previous fiscal year, by a dollar amount that is at least equivalent to the dollar amount necessary to address such target total budget resources in that fiscal year.
(Pub. L. 113121, title II, § 2101, June 10, 2014, 128 Stat. 1272; Pub. L. 114322, title I, § 1108, Dec. 16, 2016, 130 Stat. 1634.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
AmendmentsSubsec. (b)(1). Pub. L. 114322, § 1108(1), substituted “Except as provided in subsection (c), the target total” for “The target total” in introductory provisions. Subsecs. (c), (d). Pub. L. 114322, § 1108(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2238d - Maintenance of harbors of refuge
## Text
The Secretary is authorized to maintain federally authorized harbors of refuge to restore and maintain the authorized dimensions of the harbors.
(Pub. L. 114322, title I, § 1109, Dec. 16, 2016, 130 Stat. 1634.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water Infrastructure Improvements for the Nation Act, also known as the WIIN Act, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114322, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2238e - Additional projects for underserved community harbors
## Text
(a) In general Subject to the availability of appropriations designated by statute as being for the purpose of carrying out this section, the Secretary may carry out projects for underserved community harbors for purposes of sustaining water-dependent commercial and recreational activities at such harbors and for purposes of contributing to ecosystem restoration.
(b) Beneficial use (1) Justification The Secretary may carry out a project under this section involving a disposal option for the beneficial use of dredged material that is not the least cost disposal option if the Secretary determines that the incremental cost of the disposal option is reasonable pursuant to the standard described in section 2326(d)(1) of this title.
(2) Cost share The non-Federal share of the incremental cost of a project carried out under this section involving a disposal option for the beneficial use of dredged material that is not the least cost disposal option shall be determined as provided under subsections (a) through (d) of section 2213 of this title.
(c) Prioritization The Secretary shall prioritize carrying out projects using funds made available under this section based on an assessment of—
(1) the local or regional economic benefits of the project;
(2) the environmental benefits of the project, including the benefits to the aquatic environment to be derived from the creation of wetland and control of shoreline erosion; and
(3) other social effects of the project, including protection against loss of life and contributions to local or regional cultural heritage.
(d) Clarification The Secretary shall not require the non-Federal interest for a project carried out under this section to perform additional operation and maintenance activities at the beneficial use placement site or the disposal site for such project as a condition of receiving assistance under this section.
(e) Federal participation limit The Federal share of the cost of a project under this section shall not exceed $10,000,000.
(f) Statutory construction Projects carried out under this section shall be in addition to operation and maintenance activities otherwise carried out by the Secretary for underserved community harbors using funds appropriated pursuant to section 2238 of this title or section 102(a) of the Water Resources Development Act of 2020 (33 U.S.C. 2238 note).
(g) Definitions In this section:
(1) Project The term “project” means a single cycle of maintenance dredging of an underserved community harbor and any associated placement of dredged material at a beneficial use placement site or disposal site.
(2) Underserved community harbor The term “underserved community harbor” means an emerging harbor (as defined in section 2238(f) of this title), a harbor where passenger or freight service is provided to island communities dependent on that service, or a marina or berthing area that is located adjacent to, or is accessible by, a Federal navigation project, for which—
(A) no Federal funds have been obligated for maintenance dredging in the current fiscal year or in any of the 4 preceding fiscal years; and
(B) State and local investments in infrastructure have been made during any of the 4 preceding fiscal years.
(h) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $50,000,000 from the General Fund of the Treasury for each of fiscal years 2023 through 2029, to be deposited into the “corps of engineers—civil—operation and maintenance” account.
(2) Special rule Not less than 35 percent of the amounts made available to carry out this section for each fiscal year shall be used for projects involving the beneficial use of dredged material.
(i) Projects for marina or berthing areas The Secretary may carry out not more than 10 projects under this section that are projects for an underserved community harbor that is a marina or berthing area described in subsection (g)(2).
(Pub. L. 117263, div. H, title LXXXI, § 8132, Dec. 23, 2022, 136 Stat. 3719; Pub. L. 118272, div. A, title III, § 1356, Jan. 4, 2025, 138 Stat. 3161.)
## Notes
Editorial Notes
References in TextSection 102(a) of the Water Resources Development Act of 2020, referred to in subsec. (f), is section 102(a) of div. AA of Pub. L. 116260, which is set out as a note under section 2238 of this title.
Codification Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Amendments2025—Subsec. (a). Pub. L. 118272, § 1356(1), inserted “and for purposes of contributing to ecosystem restoration” before period at end. Subsec. (g)(2). Pub. L. 118272, § 1356(2), in introductory provisions, inserted “, a harbor where passenger or freight service is provided to island communities dependent on that service, or a marina or berthing area that is located adjacent to, or is accessible by, a Federal navigation project,” before “for which”. Subsec. (h)(1). Pub. L. 118272, § 1356(3), substituted “2029” for “2026”. Subsec. (i). Pub. L. 118272, § 1356(4), added subsec. (i).
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 8002 of Pub. L. 117263, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2239 - Repealed. Pub. L. 101640, title IV, § 412(f), Nov. 28, 1990, 104 Stat. 4650
## Notes
Section, Pub. L. 99662, title II, § 211, Nov. 17, 1986, 100 Stat. 4106; Pub. L. 100676, § 32, Nov. 17, 1988, 102 Stat. 4030, directed Administrator of Environmental Protection Agency to designate one or more sites for disposal of dredged material as an alternative to disposal at the Mud Dump in New Jersey.
Statutory Notes and Related Subsidiaries
Sediments Decontamination TechnologyPub. L. 102580, title IV, § 405, Oct. 31, 1992, 106 Stat. 4863, as amended by Pub. L. 104303, title II, § 226, Oct. 12, 1996, 110 Stat. 3697; Pub. L. 10653, title II, § 204, Aug. 17, 1999, 113 Stat. 285, provided that: “(a) Decontamination Project.—“(1) Selection of technologies.—Based upon a review of decontamination technologies identified pursuant to section 412(c) of the Water Resources Development Act of 1990 [Pub. L. 101640, set out below], the Administrator of the Environmental Protection Agency and the Secretary shall, within 1 year after the date of the enactment of this Act [Oct. 31, 1992], jointly select removal, pre-treatment, post-treatment, and decontamination technologies for contaminated marine sediments for a decontamination project in the New York/New Jersey Harbor. “(2) Recommended program.—Upon selection of technologies, the Administrator and the Secretary shall jointly recommend a program of selected technologies to assess their effectiveness in rendering sediments acceptable for unrestricted ocean disposal or beneficial reuse, or both. “(3) Project purpose.—The purpose of the project to be carried out under this section is to provide for the development of 1 or more sediment decontamination technologies on a pilot scale demonstrating a capacity of at least 500,000 cubic yards per year. “(4) Practical end-use products.—Technologies selected for demonstration at the pilot scale shall be intended to result in practical end-use products. “(5) Assistance by the secretary.—The Secretary shall assist the project to ensure expeditious completion by providing sufficient quantities of contaminated dredged material to conduct the full-scale demonstrations to stated capacity. “(b) Decontamination Defined.—For purposes of this section, decontamination may include local or remote prototype or production and laboratory decontamination technologies, sediment pre-treatment and post-treatment processes, and siting, economic, or other measures necessary to develop a matrix for selection of interim prototype of long-term processes. Decontamination techniques need not be preproven in terms of likely success. “(c) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $22,000,000 to complete technology testing, technology commercialization, and the development of full scale processing facilities within the New York/New Jersey Harbor. Such sums shall remain available until expended. “(d) Reports.—Not later than September 30, 1998, and periodically thereafter, the Administrator and the Secretary shall transmit to Congress a report on the results of the project to be carried out under this section, including an assessment of the progress made in achieving the purpose of the project set forth in subsection (a)(3). “(e) Support.—In carrying out the program under this section, the Secretary is encouraged to use contracts, cooperative agreements, and grants with colleges and universities and other non-Federal entities.”
Alternatives to Mud Dump Site for Disposal of Dredged MaterialPub. L. 101640, title IV, § 412, Nov. 28, 1990, 104 Stat. 4650, provided that: “(a) Report.—Within 90 days after the date of the enactment of this Act [Nov. 28, 1990], the Administrator of the Environmental Protection Agency shall submit to the Congress a final report on the feasibility of designating an alternative site to the Mud Dump Site at a distance not less than 20 miles from the shoreline. “(b) Plan.—Within 180 days after the date of the enactment of this Act [Nov. 28, 1990], the Secretary and the Administrator of the Environmental Protection Agency shall submit to Congress a plan for the long-term management of dredged material from the New York/New Jersey Harbor region. The plan shall include—“(1) an identification of the source, quantities, and characteristics of material to be dredged; “(2) a discussion of potential alternative sites for disposal of dredged material, including the feasibility of altering the boundaries of the Mud Dump Site; “(3) measures to reduce the quantities of dredged material proposed for ocean disposal; “(4) measures to reduce the amount of contaminants in materials proposed to be dredged from the Harbor through source controls and decontamination technology; “(5) a program for monitoring the physical, chemical, and biological effects of dumping dredged material at the Mud Dump Site; and “(6) a study of the characteristics of the bottom sediments, including type and distribution. “(c) Demonstration Project.—The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall implement a demonstration project for disposing on an annual basis up to 10 percent of the material dredged from the New York/New Jersey Harbor region in an environmentally sound manner other than by ocean disposal. Environmentally sound alternatives may include, among others, capping of borrow pits, construction of a containment island, application for landfill cover, habitat restoration, and use of decontamination technology. “(d) Mud Dump Site Defined.—For purposes of this section, the term Mud Dump Site means the area located approximately 5¾ miles east of Sandy Hook, New Jersey, with boundary coordinates of 40 degrees, 23 minutes, 48 seconds North, 73 degrees, 51 minutes, 28 seconds West; 40 degrees, 21 minutes, 48 seconds North, 73 degrees, 50 minutes, 00 seconds West; 40 degrees, 21 minutes, 48 seconds North; 73 degrees, 51 minutes, 28 seconds West; and 40 degrees, 23 minutes, 48 seconds North; 73 degrees, 50 minutes, 00 seconds West. “(e) Authorization of Appropriations.—There are authorized to be appropriated to the Secretary for fiscal year 1991, $3,000,000 to implement subsection (b) and $1,000,000 to implement subsection (c), and such sums as may be necessary for fiscal year 1992. “(f) Repeal.—Section 211 of the Water Resources Development Act of 1986 (33 U.S.C. 2239) is repealed.”
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# 33 U.S.C. § 2240 - Emergency response services
## Text
(a) Grants The Secretary is authorized to make grants to any non-Federal interest operating a project for a harbor for provision of emergency response services in such harbor (including contingency planning, necessary personnel training, and the procurement of equipment and facilities either by the non-Federal interest, by a local agency or municipality, or by a combination of local agencies or municipalities on a cost-reimbursable basis, either by a cooperative agreement, mutual aid plan, or mutual assistance plan entered into between one or more non-Federal interests, public agencies, or local municipalities).
(b) Authorization of appropriations There is authorized to be appropriated for fiscal years beginning after September 30, 1986, and ending before October 1, 1992, $5,000,000.
(Pub. L. 99662, title II, § 212, Nov. 17, 1986, 100 Stat. 4107.)
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# 33 U.S.C. § 2241 - Definitions
## Text
For purposes of this subchapter—
(1) Deep-draft harbor The term “deep-draft harbor” means a harbor which is authorized to be constructed to a depth of more than 45 feet (other than a project which is authorized by section 202 of this title).
(2) Eligible operations and maintenance (A) Except as provided in subparagraph (B), the term “eligible operations and maintenance” means all Federal operations, maintenance, repair, and rehabilitation, including (i) maintenance dredging reasonably necessary to maintain the width and nominal depth of any harbor or inland harbor; (ii) the construction of dredged material disposal facilities that are necessary for the operation and maintenance of any harbor or inland harbor; (iii) dredging and disposing of contaminated sediments that are in or that affect the maintenance of Federal navigation channels; (iv) mitigating for impacts resulting from Federal navigation operation and maintenance activities; and (v) operating and maintaining dredged material disposal facilities.
(B) As applied to the Saint Lawrence Seaway, the term “eligible operations and maintenance” means all operations, maintenance, repair, and rehabilitation, including maintenance dredging reasonably necessary to keep such Seaway or navigation improvements operated or maintained by the Great Lakes St. Lawrence Seaway Development Corporation in operation and reasonable state of repair.
(C) The term “eligible operations and maintenance” does not include providing any lands, easements, or rights-of-way, or performing relocations required for project operations and maintenance.
(3) General cargo harbor The term “general cargo harbor” means a harbor for which a project is authorized by section 202 of this title and any other harbor which is authorized to be constructed to a depth of more than 20 feet but not more than 45 feet;
(4) Harbor The term “harbor” means any channel or harbor, or element thereof, in the United States, capable of being utilized in the transportation of commercial cargo in domestic or foreign waterborne commerce by commercial vessels. The term does not include—
(A) an inland harbor;
(B) the Saint Lawrence Seaway;
(C) local access or berthing channels;
(D) channels or harbors constructed or maintained by nonpublic interests; and
(E) any portion of the Columbia River other than the channels on the downstream side of Bonneville lock and dam.
(5) Inland harbor The term “inland harbor” means a navigation project which is used principally for the accommodation of commercial vessels and the receipt and shipment of waterborne cargoes on inland waters. The term does not include—
(A) projects on the Great Lakes;
(B) projects that are subject to tidal influence;
(C) projects with authorized depths of greater than 20 feet;
(D) local access or berthing channels; and
(E) projects constructed or maintained by nonpublic interests.
(6) Nominal depth The term “nominal depth” means, in relation to the stated depth for any navigation improvement project, such depth, including any greater depths which must be maintained for any harbor or inland harbor or element thereof included within such project in order to ensure the safe passage at mean low tide of any vessel requiring the stated depth.
(7) Non-Federal interest The term “non-Federal interest” has the meaning such term has under section 1962d5b of title 42 and includes any interstate agency and port authority established under a compact entered into between two or more States with the consent of Congress under section 10 of Article I of the Constitution.
(8) United States The term “United States” means all areas included within the territorial boundaries of the United States, including the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Northern Mariana Islands, and any other territory or possession over which the United States exercises jurisdiction.
(Pub. L. 99662, title II, § 214, Nov. 17, 1986, 100 Stat. 4108; Pub. L. 104303, title II, § 201(e), Oct. 12, 1996, 110 Stat. 3672; Pub. L. 116260, div. AA, title V, § 512(c)(5)(C), Dec. 27, 2020, 134 Stat. 2756.)
## Notes
Editorial Notes
References in TextSection 202 of this title, referred to in pars. (1) and (3), is section 202 of title II of Pub. L. 99662, Nov. 17, 1986, 100 Stat. 4091, which is not classified to the Code.
Amendments2020—Par. (2)(B). Pub. L. 116260 substituted “Great Lakes St. Lawrence Seaway Development Corporation” for “Saint Lawrence Seaway Development Corporation”. 1996—Par. (2)(A). Pub. L. 104303, § 201(e)(1), inserted “Federal” after “means all” and “(i)” after “including”, and inserted before period at end a semicolon and cls. (ii) to (v). Par. (2)(C). Pub. L. 104303, § 201(e)(2), substituted “or rights-of-way,” for “rights-of-way, or dredged material disposal areas,”.
Statutory Notes and Related Subsidiaries
Increases in Non-Federal Share of CostsAmendment by Pub. L. 104303 not to increase, or result in increase of, non-Federal share of costs of expanding any confined dredged material disposal facility that is operated by Secretary and authorized for cost recovery through collection of tolls, any confined dredged material disposal facility for which invitation for bids for construction was issued before Oct. 12, 1996, and expanding any confined dredged material disposal facility constructed under section 1293a of this title if capacity of confined dredged material disposal facility was exceeded in less than 6 years, see section 201(g) of Pub. L. 104303, set out as a note under section 2211 of this title.
Executive Documents
Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
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# 33 U.S.C. § 2242 - Remote and subsistence harbors
## Text
(a) In general In conducting a study of harbor and navigation improvements, the Secretary may recommend a project without the need to demonstrate that the project is justified solely by national economic development benefits if the Secretary determines that—
(1) the project would be located in the State of Hawaii or Alaska, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, or American Samoa; and
(2) (A) over 80 percent of the goods transported through the harbor would be consumed within the United States, as determined by the Secretary, including consideration of information provided by the non-Federal interest; or
(B) the long-term viability of the community in which the project is located, or the long-term viability of a community that is located in the region that is served by the project and that will rely on the project, would be threatened without the harbor and navigation improvement.
(b) Justification In considering whether to recommend a project under subsection (a), the Secretary shall consider the benefits of the project to any of—
(1) public health and safety of the local community and communities that are located in the region to be served by the project and that will rely on the project, including access to facilities designed to protect public health and safety;
(2) access to natural resources for subsistence purposes;
(3) local and regional economic opportunities;
(4) welfare of the regional population to be served by the project; or
(5) social and cultural value to the local community and communities that are located in the region to be served by the project and that will rely on the project.
(c) Prioritization Projects recommended by the Secretary under subsection (a) shall be given equivalent budget consideration and priority as projects recommended solely by national economic development benefits.
(d) Disposition (1) In general The Secretary may carry out any project identified in the study carried out pursuant to subsection (a) in accordance with the criteria for projects carried out under the authority of the Secretary under section 577 of this title.
(2) Non-Federal interests In evaluating and implementing a project under this section, the Secretary shall allow a non-Federal interest to participate in the financing of a project in accordance with the criteria established for flood control projects under section 903(c) of the Water Resources Development Act of 1986 (Public Law 99662; 100 Stat. 4184).
(e) Annual report For a project that cannot be carried out under the authority specified in subsection (d), on a determination by the Secretary of the feasibility of the project under subsection (a), the Secretary may include a recommendation concerning the project in the annual report submitted to Congress under section 2282d of this title.
(Pub. L. 110114, title II, § 2006, Nov. 8, 2007, 121 Stat. 1073; Pub. L. 113121, title II, § 2104, June 10, 2014, 128 Stat. 1279; Pub. L. 114322, title I, § 1105, Dec. 16, 2016, 130 Stat. 1633; Pub. L. 118272, div. A, title I, § 1147, Jan. 4, 2025, 138 Stat. 3038.)
## Notes
Editorial Notes
References in TextSection 903(c) of the Water Resources Development Act of 1986 (Public Law 99662; 100 Stat. 4184), referred to in subsec. (d)(2), is not classified to the Code.
Codification Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Amendments2025—Subsec. (a)(1). Pub. L. 118272, § 1147(1), added par. (1) and struck out former par. (1) which read as follows: “(1)(A) the community to be served by the project is at least 70 miles from the nearest surface accessible commercial port and has no direct rail or highway link to another community served by a surface accessible port or harbor; or “(B) the project would be located in the State of Hawaii or Alaska, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, or American Samoa;”. Subsec. (a)(2). Pub. L. 118272, § 1147(1), added par. (2) and struck out former par. (2) which read as follows: “the harbor is economically critical such that over 80 percent of the goods transported through the harbor would be consumed within the region served by the harbor and navigation improvement, as determined by the Secretary, including consideration of information provided by the non-Federal interest; and”. Subsec. (a)(3). Pub. L. 118272, § 1147(1), struck out par. (3) which read as follows: “the long-term viability of the community in which the project is located, or the long-term viability of a community that is located in the region that is served by the project and that will rely on the project, would be threatened without the harbor and navigation improvement.” Subsec. (b). Pub. L. 118272, § 1147(2)(A), in introductory provisions, substituted “benefits of the project to any of” for “benefits of the project to”. Subsec. (b)(4). Pub. L. 118272, § 1147(2)(B), substituted “; or” for “; and”. 2016—Subsec. (a)(3). Pub. L. 114322, § 1105(1), inserted “in which the project is located, or the long-term viability of a community that is located in the region that is served by the project and that will rely on the project,” after “the community”. Subsec. (b)(1). Pub. L. 114322, § 1105(2)(A), inserted “and communities that are located in the region to be served by the project and that will rely on the project” after “local community”. Subsec. (b)(4). Pub. L. 114322, § 1105(2)(B), substituted “regional population to be served by the project” for “local population”. Subsec. (b)(5). Pub. L. 114322, § 1105(2)(C), substituted “local community and communities that are located in the region to be served by the project and that will rely on the project” for “community”. 2014—Subsec. (a)(1)(B). Pub. L. 113121, § 2104(1)(A), inserted “or Alaska” after “Hawaii”. Subsec. (a)(2). Pub. L. 113121, § 2104(1)(B), substituted “region” for “community” and inserted “, as determined by the Secretary, including consideration of information provided by the non-Federal interest” after “improvement”. Subsecs. (c) to (e). Pub. L. 113121, § 2104(2), added subsecs. (c) to (e).
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114, set out as a note under section 2201 of this title.
@@ -0,0 +1,61 @@
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# 33 U.S.C. § 2243 - Arctic deep draft port development partnerships
## Text
(a) In general The Secretary may provide technical assistance to non-Federal public entities, including Indian tribes (as defined in section 5304 of title 25) and a Native village, Regional Corporation, or Village Corporation (as those terms are defined in section 1602 of title 43 11 So in original. Probably should be followed by a closing parenthesis., for the development, construction, operation, and maintenance of channels, harbors, and related infrastructure associated with deep draft ports for purposes of dealing with Arctic development and security needs.
(b) Acceptance of funds The Secretary is authorized to accept and expend funds provided by non-Federal public entities, including Indian tribes (as defined in section 5304 of title 25) and a Native village, Regional Corporation, or Village Corporation (as those terms are defined in section 1602 of title 43 1, to carry out the technical assistance activities described in subsection (a).
(c) Limitation No assistance may be provided under this section until after the date on which the entity to which that assistance is to be provided enters into a written agreement with the Secretary that includes such terms and conditions as the Secretary determines to be appropriate and in the public interest.
(d) Prioritization The Secretary shall prioritize technical assistance provided under this section for Arctic deep draft ports identified by the Secretary, the Secretary of the department in which the Coast Guard is operating, and the Secretary of Defense as important for Arctic development and security.
(e) Consideration of national security interests In carrying out a study of the feasibility of an Arctic deep draft port, the Secretary—
(1) shall consult with the Secretary of the department in which the Coast Guard is operating to identify benefits in carrying out the missions specified in section 468 of title 6 associated with an Arctic deep draft port;
(2) shall consult with the Secretary of Defense to identify national security benefits associated with an Arctic deep draft port; and
(3) may consider such benefits in determining whether an Arctic deep draft port is feasible.
(Pub. L. 113121, title II, § 2105, June 10, 2014, 128 Stat. 1279; Pub. L. 114322, title I, § 1202(c), Dec. 16, 2016, 130 Stat. 1684.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Amendments2016—Subsecs. (a), (b). Pub. L. 114322, § 1202(c)(1), inserted “and a Native village, Regional Corporation, or Village Corporation (as those terms are defined in section 1602 of title 43” after “title 25)” and made technical amendment to reference in original act which appears in text as reference to section 5304 of title 25. Subsec. (d). Pub. L. 114322, § 1202(c)(2), substituted “the Secretary of the department in which the Coast Guard is operating” for “the Secretary of Homeland Security”. Subsec. (e). Pub. L. 114322, § 1202(c)(3), added subsec. (e).
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121, set out as a note under section 2201 of this title.
@@ -0,0 +1,89 @@
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# 33 U.S.C. § 2251 - Inland Waterways Users Board
## Text
(a) Establishment of Users Board There is hereby established an Inland Waterway Users Board (hereinafter in this section referred to as the “Users Board”) composed of the eleven members selected by the Secretary, one of whom shall be designated by the Secretary as Chairman. The members shall be selected so as to represent various regions of the country and a spectrum of the primary users and shippers utilizing the inland and intracoastal waterways for commercial purposes. Due consideration shall be given to assure a balance among the members based on the ton-mile shipments of the various categories of commodities shipped on inland waterways. The Secretary of the Army shall designate, and the Secretaries of Agriculture, Transportation, and Commerce may each designate, a representative to act as an observer of the Users Board.
(b) Duties of Users Board (1) In general The Users Board shall meet not less frequently than semiannually to develop and make recommendations to the Secretary and Congress regarding the inland waterways and inland harbors of the United States.
(2) Advice and recommendations For commercial navigation features and components of the inland waterways and inland harbors of the United States, the Users Board shall provide—
(A) prior to the development of the budget proposal of the President for a given fiscal year, advice and recommendations to the Secretary regarding construction and rehabilitation priorities and spending levels;
(B) advice and recommendations to Congress regarding any feasibility report for a project on the inland waterway system that has been submitted to Congress pursuant to section 2282d of this title;
(C) advice and recommendations to Congress regarding an increase in the authorized cost of those features and components;
(D) not later than 60 days after the date of the submission of the budget proposal of the President to Congress, advice and recommendations to Congress regarding construction and rehabilitation priorities and spending levels; and
(E) advice and recommendations on the development of a long-term capital investment program in accordance with subsection (d).
(3) Project development teams The chairperson of the Users Board shall appoint a representative of the Users Board to serve as an advisor to the project development team for a qualifying project or the study or design of a commercial navigation feature or component of the inland waterways and inland harbors of the United States.
(4) Independent judgment Any advice or recommendation made by the Users Board to the Secretary shall reflect the independent judgment of the Users Board.
(c) Duties of Secretary The Secretary shall—
(1) communicate not less frequently than once each quarter to the Users Board the status of the study, design, or construction of all commercial navigation features or components of the inland waterways or inland harbors of the United States; and
(2) submit to the Users Board a courtesy copy of all completed feasibility reports relating to a commercial navigation feature or component of the inland waterways or inland harbors of the United States.
(d) Capital investment program (1) In general Not later than 1 year after June 10, 2014, the Secretary, in coordination with the Users Board, shall develop and submit to Congress a report describing a 20-year program for making capital investments on the inland and intracoastal waterways based on the application of objective, national project selection prioritization criteria.
(2) Consideration In developing the program under paragraph (1), the Secretary shall take into consideration the 20-year capital investment strategy contained in the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Users Board.
(3) Criteria In developing the plan and prioritization criteria under paragraph (1), the Secretary shall ensure, to the maximum extent practicable, that investments made under the 20-year program described in paragraph (1)—
(A) are made in all geographical areas of the inland waterways system; and
(B) ensure efficient funding of inland waterways projects.
(4) Strategic review and update Not later than 5 years after June 10, 2014, and not less frequently than once every 5 years thereafter, the Secretary, in coordination with the Users Board, shall—
(A) submit to Congress and make publicly available a strategic review of the 20-year program in effect under this subsection, which shall identify and explain any changes to the project-specific recommendations contained in the previous 20-year program (including any changes to the prioritization criteria used to develop the updated recommendations); and
(B) make revisions to the program, as appropriate.
(e) Project management plans The chairperson of the Users Board and the project development team member appointed by the chairperson under subsection (b)(3) may sign the project management plan for the qualifying project or the study or design of a commercial navigation feature or component of the inland waterways and inland harbors of the United States.
(f) Administration (1) In general The Users Board shall be subject to chapter 10 of title 5, other than section 1013, and, with the consent of the appropriate agency head, the Users Board may use the facilities and services of any Federal agency.
(2) Members not considered special Government employees For the purposes of complying with chapter 10 of title 5, the members of the Users Board shall not be considered special Government employees (as defined in section 202 of title 18).
(3) Travel expenses Non-Federal members of the Users Board while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5.
(Pub. L. 99662, title III, § 302, Nov. 17, 1986, 100 Stat. 4111; Pub. L. 106109, § 8(a), Nov. 24, 1999, 113 Stat. 1495; Pub. L. 113121, title II, § 2002(d), June 10, 2014, 128 Stat. 1262; Pub. L. 117286, § 4(a)(202), Dec. 27, 2022, 136 Stat. 4328.)
## Notes
Editorial Notes
Amendments2022—Subsec. (f)(1). Pub. L. 117286, § 4(a)(202)(A), substituted “chapter 10 of title 5, other than section 1013,” for “the Federal Advisory Committee Act (5 U.S.C. App.), other than section 14,”. Subsec. (f)(2). Pub. L. 117286, § 4(a)(202)(B), substituted “chapter 10 of title 5,” for “the Federal Advisory Committee Act (5 U.S.C. App.),”. 2014—Subsec. (b). Pub. L. 113121, § 2002(d)(1), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “The Users Board shall meet at least semi-annually to develop and make recommendations to the Secretary regarding construction and rehabilitation priorities and spending levels on the commercial navigational features and components of the inland waterways and inland harbors of the United States for the following fiscal years. Any advice or recommendation made by the Users Board to the Secretary shall reflect the independent judgment of the Users Board. Notwithstanding section 3003 of Public Law 10466 (31 U.S.C. 1113 note; 109 Stat. 734), the Users Board shall, by December 31, 1987, and annually thereafter file such recommendations with the Secretary and with the Congress.” Subsecs. (c) to (f). Pub. L. 113121, § 2002(d)(2), added subsecs. (c) to (f) and struck out former subsec. (c). Prior to amendment, text read as follows: “The Users Board shall be subject to the Federal Advisory Committee Act, other than section 14, and, with the consent of the appropriate agency head, the Users Board may use the facilities and services of any Federal agency. Non-Federal members of the Users Board while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5.” 1999—Subsec. (b). Pub. L. 106109, in last sentence, substituted “Notwithstanding section 3003 of Public Law 10466 (31 U.S.C. 1113 note; 109 Stat. 734), the” for “The”.
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# 33 U.S.C. § 2252 - Project delivery process reforms
## Text
(a) Requirements for qualifying projects With respect to each qualifying project, the Secretary shall require—
(1) for each project manager, that—
(A) the project manager have formal project management training and certification; and
(B) the project manager be assigned from among personnel certified by the Chief of Engineers; and
(2) for an applicable cost estimation, that—
(A) the Secretary utilize a risk-based cost estimate with a confidence level of at least 80 percent; and
(B) the cost estimate be developed—
(i) for a qualifying project that requires an increase in the authorized amount in accordance with section 2280 of this title, during the preparation of a post-authorization change report or other similar decision document;
(ii) for a qualifying project for which the first construction contract has not been awarded, prior to the award of the first construction contract;
(iii) for a qualifying project without a completed feasibility report in accordance with section 2282 of this title, prior to the completion of such a report; and
(iv) for a qualifying project with a completed feasibility report in accordance with section 2282 of this title that has not yet been authorized, during design for the qualifying project.
(b) Additional project delivery process reforms Not later than 18 months after June 10, 2014, the Secretary shall—
(1) establish a system to identify and apply on a continuing basis best management practices from prior or ongoing qualifying projects to improve the likelihood of on-time and on-budget completion of qualifying projects;
(2) evaluate early contractor involvement acquisition procedures to improve on-time and on-budget project delivery performance; and
(3) implement any additional measures that the Secretary determines will achieve the purposes of this subtitle, including—
(A) the implementation of applicable practices and procedures developed pursuant to management by the Secretary of an applicable military construction program;
(B) the development and use of a portfolio of standard designs for inland navigation locks, incorporating the use of a center of expertise for the design and review of qualifying projects;
(C) the use of full-funding contracts or formulation of a revised continuing contracts clause; and
(D) the establishment of procedures for recommending new project construction starts using a capital projects business model.
(c) Pilot projects (1) In general Subject to paragraph (2), the Secretary may carry out pilot projects to evaluate processes and procedures for the study, design, and construction of qualifying projects.
(2) Inclusions At a minimum, the Secretary shall carry out pilot projects under this subsection to evaluate—
(A) early contractor involvement in the development of features and components;
(B) an appropriate use of continuing contracts for the construction of features and components; and
(C) applicable principles, procedures, and processes used for military construction projects.
(Pub. L. 113121, title II, § 2002, June 10, 2014, 128 Stat. 1261.)
## Notes
Editorial Notes
References in TextThis subtitle, referred to in subsec. (b)(3), is subtitle A (§§ 20012013) of title II of Pub. L. 113121, which enacted this section and sections 2253, 2254, and 2255 of this title, amended sections 2212, 2251, and 2327 of this title, and enacted provisions set out as a note under this section. For complete classification of subtitle A to the Code, see Tables.
Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Section is comprised of section 2002 of Pub. L. 113121. Subsec. (d) of section 2002 of Pub. L. 113121 amended section 2251 of this title.
Statutory Notes and Related Subsidiaries
Definitions Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121, set out as a note under section 2201 of this title. Pub. L. 113121, title II, § 2001, June 10, 2014, 128 Stat. 1260, provided that: “In this title [enacting this section and sections 2211a, 2238b, 2238c, 2243, 2253, 2254, and 2255 of this title and amending sections 2211, 2212, 2238, 2242, 2251, 2282a, and 2327 of this title and section 9505 of Title 26, Internal Revenue Code]: “(1) Inland waterways trust fund.—The term Inland Waterways Trust Fund means the Inland Waterways Trust Fund established by section 9506(a) of the Internal Revenue Code of 1986 [26 U.S.C. 9506(a)]. “(2) Qualifying project.—The term qualifying project means any construction or major rehabilitation project for navigation infrastructure of the inland and intracoastal waterways that is—“(A) authorized before, on, or after the date of enactment of this Act [June 10, 2014]; “(B) not completed on the date of enactment of this Act; and “(C) funded at least in part from the Inland Waterways Trust Fund.”
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# 33 U.S.C. § 2253 - Annual financial review
## Text
For any inland waterways project that the Secretary carries out that has an estimated total cost of $500,000,000 or more, the Secretary shall submit to the congressional committees referred to in subsection (a) 11 See References in Text note below. an annual financial plan for the project. The plan shall be based on detailed annual estimates of the cost to complete the remaining elements of the project and on reasonable assumptions, as determined by the Secretary, of any future increases of the cost to complete the project.
(Pub. L. 113121, title II, § 2007(b), June 10, 2014, 128 Stat. 1268.)
## Notes
Editorial Notes
References in TextThe congressional committees referred to in subsection (a), referred to in text, mean the congressional committees referred to in subsec. (a) of section 2007 of Pub. L. 113121, which are the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2254 - Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway
## Text
(a) In general Not later than 90 days after June 10, 2014, the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway.
(b) Types of activities In carrying out subsection (a), the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway as used for the following purposes:
(1) Commercial navigation.
(2) Commercial fishing.
(3) Subsistence, including utilization by Indian tribes (as defined in section 5304 of title 25) for subsistence and ceremonial purposes.
(4) Use as ingress and egress to harbors of refuge.
(5) Transportation of persons.
(6) Purposes relating to domestic energy production, including fabrication, servicing, and supply of domestic offshore energy production facilities.
(7) Activities of the Secretary of the department in which the Coast Guard is operating.
(8) Public health and safety related equipment for responding to coastal and inland emergencies.
(9) Recreation purposes.
(10) Any other authorized purpose.
(c) Report to Congress For fiscal year 2015, and biennially thereafter, in conjunction with the annual budget submission by the President to Congress under section 1105(a) of title 31, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that, with respect to the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway—
(1) identifies the operation and maintenance costs required to achieve the authorized length, width, and depth;
(2) identifies the amount of funding requested in the Presidents budget for operation and maintenance costs; and
(3) identifies the unmet operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway.
(Pub. L. 113121, title II, § 2008, June 10, 2014, 128 Stat. 1268.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2255 - Inland waterways riverbank stabilization
## Text
(a) In general Not later than 1 year after June 10, 2014, and biennially thereafter, the Secretary shall conduct a study to determine the feasibility of—
(1) carrying out projects for the inland and intracoastal waterways for purposes of—
(A) flood damage reduction;
(B) emergency streambank and shoreline protection; and
(C) prevention and mitigation of shore damages attributable to navigation improvements; and
(2) modifying projects for the inland and intracoastal waterways for the purpose of improving the quality of the environment.
(b) Recommendations In conducting the study, the Secretary shall develop specific project recommendations and prioritize those recommendations based on—
(1) the extent of damage and land loss resulting from riverbank erosion;
(2) the rate of erosion;
(3) the significant threat of future flood risk to public property, public infrastructure, or public safety;
(4) the destruction of natural resources or habitats; and
(5) the potential cost savings for maintenance of the channel.
(c) Disposition The Secretary may carry out any project identified in the study conducted pursuant to subsection (a) in accordance with the criteria for projects carried out under one of the following authorities:
(1) Section 701r of this title.
(2) Section 701s of this title.
(3) Section 426i of this title.
(4) Section 2309a of this title.
(d) Annual report For a project recommended pursuant to the study that cannot be carried out under any of the authorities specified in subsection (c), upon a determination by the Secretary of the feasibility of the project, the Secretary may include a recommendation concerning the project in the annual report submitted to Congress under section 2282d of this title.
(Pub. L. 113121, title II, § 2009, June 10, 2014, 128 Stat. 1269.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2255a - High water-low water preparedness
## Text
(a) Definitions In this section:
(1) Bypass The term “bypass” means an alternate water route adjacent to a lock and dam on a Federal inland waterway system that can be used for commercial navigation during high water conditions.
(2) Emergency condition The term “emergency condition” means—
(A) unsafe conditions on a Federal inland waterway system that prevent the operation of commercial vessels, resulting from a major change in water level or flows;
(B) an obstruction in a Federal inland waterway system, including silt, sediment, rock formation, or a shallow channel;
(C) an impaired or inoperable Federal lock and dam; or
(D) any other condition determined appropriate by the Secretary.
(b) Emergency determination The Secretary, in consultation with the District Commanders responsible for maintaining any Federal inland waterway system, the users of the waterway system, and the Coast Guard, may make a determination that an emergency condition exists on the waterway system.
(c) Emergency mitigation project (1) In general Subject to paragraph (2) and the availability of appropriations, and in accordance with all applicable Federal requirements, the Secretary may carry out an emergency mitigation project on a Federal inland waterway system with respect to which the Secretary has determined that an emergency condition exists under subsection (b), or on a bypass of such system, to remedy that emergency condition.
(2) Deadline An emergency mitigation project under paragraph (1) shall—
(A) be initiated by not later than 60 days after the date on which the Secretary makes the applicable determination under subsection (b); and
(B) to the maximum extent practicable, be completed by not later than 1 year after the date on which the Secretary makes such determination.
(d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $25,000,000 for each of fiscal years 2022 through 2024, to remain available until expended.
(Pub. L. 116260, div. AA, title I, § 151, Dec. 27, 2020, 134 Stat. 2657.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116260, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2261 - Territories development study
## Text
The Secretary is hereby authorized and directed to make studies in cooperation with the Secretary of the Interior and the governments of the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands for the purposes of providing plans for the development, utilization, and conservation of water and related land resources of such jurisdiction, at a total cost of $2,000,000 for each of the five studies. Such studies shall include appropriate consideration of the needs for flood protection, wise use of flood plain lands, navigation facilities, hydroelectric power generation, regional water supply and waste water management facilities systems, general recreation facilities, enhancement and control of water quality, enhancement and conservation of fish and wildlife, and other measures for environmental enhancement, economic and human resources development. Such studies shall be compatible with comprehensive development plans formulated by local planning agencies and other interested Federal agencies. Any funds made available under this section for a study for any such jurisdiction which is not needed for such study shall be available to the Secretary to construct authorized water resources projects in such jurisdiction and to implement the findings of such study with appropriate cost sharing as provided in this Act.
(Pub. L. 99662, title VII, § 702, Nov. 17, 1986, 100 Stat. 4156.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is Pub. L. 99662, Nov. 17, 1986, 100 Stat. 4082, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables.
Executive Documents
Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
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# 33 U.S.C. § 2262 - Survey of potential for use of certain facilities as hydroelectric facilities
## Text
(a) Survey authority The Secretary shall, upon the request of local public officials, survey the potential and methods for rehabilitating former industrial sites, millraces, and similar types of facilities already constructed for use as hydroelectric facilities. The Secretary shall, upon request, provide technical assistance to local public agencies, including electric cooperatives, in designing projects to rehabilitate sites that have been surveyed, or are qualified for such survey, under this section. The non-Federal share of the cost of carrying out this section shall be 50 percent.
(b) Authorization of appropriations There is authorized to be appropriated to the Secretary, to implement this section, the sum of $5,000,000 for each of the fiscal years ending September 30, 1988, through September 30, 1992, such sums to remain available until expended.
(Pub. L. 99662, title VII, § 703, Nov. 17, 1986, 100 Stat. 4156.)
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# 33 U.S.C. § 2263 - Study of Corps capability to conserve fish and wildlife
## Text
(a) Investigation and study The Secretary shall investigate and study the feasibility of utilizing the capabilities of the United States Army Corps of Engineers to conserve fish and wildlife (including their habitats) where such fish and wildlife are indigenous to the United States, its possessions, or its territories. The scope of such study shall include the use of engineering or construction capabilities to create alternative habitats, or to improve, enlarge, develop, or otherwise beneficially modify existing habitats of such fish and wildlife. The study shall be conducted in consultation with the Director of the Fish and Wildlife Service of the Department of the Interior, the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration, and the Administrator of the Environmental Protection Agency, and shall be transmitted within the 30-month period beginning on November 17, 1986, by the Secretary to Congress, together with the findings, conclusions, and recommendations of the Chief of Engineers. The Secretary, in consultation with the Federal officers referred to in the preceding sentence, shall undertake a continuing review of the matters covered in the study and shall transmit to Congress, on a biennial basis, any revisions to the study that may be required as a result of the review, together with the findings, conclusions, and recommendations of the Chief of Engineers.
(b) Projects (1) In general The Secretary is further authorized to conduct projects of alternative or beneficially modified habitats for fish and wildlife, including but not limited to man-made reefs for fish. There is authorized to be appropriated not to exceed $120,000,000 to carry out such projects.
(2) Inclusions Such projects shall be developed, and their effectiveness evaluated, in consultation with the Director of the Fish and Wildlife Service and the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration. Such projects shall include—
(A) the construction of a reef for fish habitat in Lake Erie in the vicinity of Buffalo, New York;
(B) the construction of a reef for fish habitat in the Atlantic Ocean in the vicinity of Fort Lauderdale, Florida;
(C) the construction of a reef for fish habitat in Lake Ontario in the vicinity of the town of Newfane, New York; and
(D) the restoration and rehabilitation of habitat for fish, including native oysters, in the Chesapeake Bay and its tributaries in Virginia and Maryland, including—
(i) the construction of oyster bars and reefs;
(ii) the rehabilitation of existing marginal habitat;
(iii) the use of appropriate alternative substrate material in oyster bar and reef construction;
(iv) the construction and upgrading of oyster hatcheries; and
(v) activities relating to increasing the output of native oyster broodstock for seeding and monitoring of restored sites to ensure ecological success.
(3) Restoration and rehabilitation activities The restoration and rehabilitation activities described in paragraph (2)(D) shall be—
(A) for the purpose of establishing permanent sanctuaries and harvest management areas; and
(B) consistent with plans and strategies for guiding the restoration of the Chesapeake Bay oyster resource and fishery.
(4) Cost sharing (A) In general The non-Federal share of the cost of any project under this subsection shall be 25 percent.
(B) Form The non-Federal share may be provided through in-kind services, including—
(i) the provision by the non-Federal interest of shell stock material that is determined by the Secretary to be suitable for use in carrying out the project; and
(ii) in the case of a project carried out under paragraph (2)(D) after June 10, 2014, land conservation or restoration efforts undertaken by the non-Federal interest that the Secretary determines provide water quality benefits that—
(I) enhance the viability of oyster restoration efforts;
(II) are integral to the project; and
(III) are cost effective.
(C) Applicability The non-Federal interest shall be credited with the value of in-kind services provided on or after October 1, 2000, for a project described in paragraph (1) completed on or after that date, if the Secretary determines that the work is integral to the project.
(5) Definition of ecological success In this subsection, the term “ecological success” means—
(A) achieving a tenfold increase in native oyster biomass by the year 2010, from a 1994 baseline; and
(B) the establishment of a sustainable fishery as determined by a broad scientific and economic consensus.
In carrying out paragraph (4),11 See References in Text note below. the Chief of Engineers may solicit participation by and the services of commercial watermen in the construction of the reefs.
(Pub. L. 99662, title VII, § 704, Nov. 17, 1986, 100 Stat. 4157; Pub. L. 104303, title V, § 505, Oct. 12, 1996, 110 Stat. 3757; Pub. L. 106541, title III, § 342, Dec. 11, 2000, 114 Stat. 2612; Pub. L. 10766, title I, § 113, Nov. 12, 2001, 115 Stat. 496; Pub. L. 109103, title I, § 126, Nov. 19, 2005, 119 Stat. 2259; Pub. L. 110114, title V, § 5021, Nov. 8, 2007, 121 Stat. 1202; Pub. L. 113121, title IV, § 4010(b), June 10, 2014, 128 Stat. 1318; Pub. L. 114322, title I, § 1180, Dec. 16, 2016, 130 Stat. 1677; Pub. L. 118272, div. A, title III, § 1335, Jan. 4, 2025, 138 Stat. 3147.)
## Notes
Editorial Notes
References in TextParagraph (4), referred to in concluding provisions of subsec. (b), meaning subsec. (b)(4) of this section, was redesignated subsec. (b)(1)(D) by Pub. L. 10766, title I, § 113(1), (2), Nov. 12, 2001, 115 Stat. 496. Subsequently, Pub. L. 110114, title V, § 5021(1), (2)(B), (3), Nov. 8, 2007, 121 Stat. 1202, redesignated subsec. (b)(1)(D) as (b)(2)(D), struck it out, added a new subsec. (b)(2)(D), and redesignated former subsec. (b)(2) as (b)(4).
Amendments2025—Subsec. (b)(1). Pub. L. 118272 substituted “$120,000,000” for “$100,000,000”. 2016—Subsec. (b)(1). Pub. L. 114322 substituted “$100,000,000” for “$60,000,000”. 2014—Subsec. (b)(1). Pub. L. 113121, § 4010(b)(1), substituted “$60,000,000” for “$50,000,000”. Subsec. (b)(4)(B). Pub. L. 113121, § 4010(b)(2), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “The non-Federal share may be provided through in-kind services, including the provision by the non-Federal interest of shell stock material that is determined by the Chief of Engineers to be suitable for use in carrying out the project.” 2007—Subsec. (b)(1). Pub. L. 110114, § 5021(2), substituted “$50,000,000” for “$30,000,000” in second sentence and designated last sentence as par. (2). Subsec. (b)(2). Pub. L. 110114, § 5021(2)(B), designated last sentence of par. (1) as (2) and inserted heading. Former par. (2) redesignated (4). Subsec. (b)(2)(D). Pub. L. 110114, § 5021(3), added subpar. (D) and struck out former subpar. (D) which read as follows: “the construction of reefs and related clean shell substrate for fish habitat, including manmade 3-dimensional oyster reefs, in the Chesapeake Bay and its tributaries in Maryland and Virginia if the reefs are preserved as permanent sanctuaries by the non-Federal interests, consistent with the recommendations of the scientific consensus document on Chesapeake Bay oyster restoration dated June 1999.” Subsec. (b)(3), (4). Pub. L. 110114, § 5021(1), (3), added par. (3) and redesignated par. (2) as (4). Subsec. (b)(5). Pub. L. 110114, § 5021(4), which directed addition of par. (5) at end of subsec. (b), was executed by adding par. (5) after par. (4) to reflect the probable intent of Congress. 2005—Subsec. (b)(1). Pub. L. 109103 substituted “$30,000,000” for “$20,000,000” in introductory provisions. 2001—Subsec. (b). Pub. L. 10766 inserted subsec. heading, designated introductory provisions as par. (1), inserted par. (1) heading, redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1), and substituted par. (2) for first sentence of concluding provisions which read “The non-Federal share of the cost of any project under this section shall be 25 percent.” 2000—Subsec. (b). Pub. L. 106541, § 342(1), (3), substituted “$20,000,000” for “$7,000,000” in second sentence of introductory provisions and inserted at end of concluding provisions “In carrying out paragraph (4), the Chief of Engineers may solicit participation by and the services of commercial watermen in the construction of the reefs.” Subsec. (b)(4). Pub. L. 106541, § 342(2), added par. (4) and struck out former par. (4) which read as follows: “the construction of a reef for fish habitat in the Chesapeake Bay in Maryland and Virginia.” 1996—Subsec. (b). Pub. L. 104303 substituted “$7,000,000” for “$5,000,000” in introductory provisions and inserted “and Virginia” after “Maryland” in par. (4).
Statutory Notes and Related Subsidiaries
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 1037 (in which a report required under subsec. (a) of this section is listed on page 68), see section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
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# 33 U.S.C. § 2263a - Aquatic invasive species research
## Text
(a) In general As part of the ongoing activities of the Engineer Research and Development Center to address the spread and impacts of aquatic invasive species, the Secretary shall undertake research on the prevention, management, and eradication of aquatic invasive species, including Asian carp, elodea, hydrilla, quagga mussels, and zebra mussels.
(b) Locations In carrying out subsection (a), the Secretary shall work with Corps of Engineers district offices representing diverse geographical regions of the continental United States that are impacted or could be impacted in the future by aquatic invasive species, such as the Atlantic, Pacific, Arctic, and Gulf Coasts, the Great Lakes, and reservoirs operated and maintained by the Secretary.
(c) Report Not later than 180 days after October 23, 2018, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report recommending a plan to address the spread and impacts of aquatic invasive species.
(Pub. L. 115270, title I, § 1108, Oct. 23, 2018, 132 Stat. 3774; Pub. L. 116260, div. AA, title V, § 502, Dec. 27, 2020, 134 Stat. 2744; Pub. L. 117263, div. H, title LXXXI, § 8305(a), Dec. 23, 2022, 136 Stat. 3778.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the Americas Water Infrastructure Act of 2018, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Amendments2022—Subsec. (a). Pub. L. 117263 inserted “, hydrilla” after “elodea”. 2020—Subsec. (a). Pub. L. 116260, § 502(1), substituted “prevention, management,” for “management” and inserted “, elodea, quagga mussels,” after “Asian carp”. Subsec. (b). Pub. L. 116260, § 502(2), inserted “or could be impacted in the future” after “that are impacted” and substituted “Pacific, Arctic, and Gulf Coasts, the Great Lakes, and reservoirs operated and maintained by the Secretary.” for “Pacific, and Gulf coasts and the Great Lakes.”
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 102 of Pub. L. 115270, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2264 - Repealed. Pub. L. 116260, div. AA, title III, § 360(a), Dec. 27, 2020, 134 Stat. 2732
## Notes
Section, Pub. L. 99662, title VII, § 710, Nov. 17, 1986, 100 Stat. 4160; Pub. L. 106109, § 8(b), Nov. 24, 1999, 113 Stat. 1495, related to deauthorization of studies.
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# 33 U.S.C. § 2265 - Columbia River/Arkansas River Basin transfers
## Text
(a) No Federal agency shall study or participate in the study of any regional or river basin plan or any plan for any Federal water and related land resource project which has as its objective the transfer of water from the Columbia River Basin to any other region or any other major river basin of the United States, unless such study is approved by the Governors of all affected States.
(b) For a period of 5 years after November 17, 1986, no Federal agency shall study or participate in the study of any regional or river basin plan or any plan for any Federal water and related land resource project which has as its objective the transfer of water from the Arkansas River Basin to any other region or any other major river basin of the United States, unless such study is approved by the Governors of all affected States.
(Pub. L. 99662, title VII, § 715, Nov. 17, 1986, 100 Stat. 4161.)
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# 33 U.S.C. § 2266 - Canadian tidal power study
## Text
(a) Study authority The Secretary, after consultation with the National Oceanic and Atmospheric Administration, the National Marine Fisheries Service, the United States Fish and Wildlife Service, and other appropriate governmental agencies, and the National Research Council of the National Academy of Sciences, is authorized and directed to undertake studies to identify the impacts on the United States of potential Canadian tidal power development in the Bay of Fundy, and submit such studies to the appropriate committees of the Congress.
(b) Study phases The Secretary shall conduct the studies authorized in subsection (a) of this section in two phases:
(1) Studies to be completed not later than October 1, 1988, to (A) identify effects of any such projects on tidal ranges and resulting impacts to beaches and estuarine areas, and (B) identify further studies which would be needed to meet the requirements of paragraph (2) of this subsection; and
(2) Studies to be completed not later than October 1, 1990, to (A) determine further environmental, social, economic, and institutional impacts of such tidal power development, and (B) determine what measures could be taken in Canada and the United States to offset or minimize any adverse impacts of such development on the United States.
(c) Authorization of appropriations In the fiscal year ending September 30, 1987, or in any fiscal year thereafter, there is authorized to be appropriated to the Secretary the sum of $1,100,000 for the purposes of subsection (b)(1) of this section, and the sum of $8,900,000 for the purposes of subsection (b)(2) of this section, such sums to remain available until expended.
(Pub. L. 99662, title VII, § 724, Nov. 17, 1986, 100 Stat. 4163.)
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# 33 U.S.C. § 2267 - New York Bight study
## Text
(a) Study authority The Secretary shall study a hydro-environmental monitoring and information system in the New York Bight in the form of a system using computerized buoys and radio telemetry that allows for the continual monitoring (at strategically located sites throughout the New York Bight) of the following: wind, wave, current, salinity and thermal gradients and sea chemistry, in order to measure the effect of changes due to air and water pollution, including changes due to continued dumping in the Bight.
(b) Study of physical hydraulic model In addition, the Secretary shall study a proper physical hydraulic model of the New York Bight and for such an offshore model to be tied into the existing inshore physical hydraulic model of the Port of New York and New Jersey operated by the United States Army Corps of Engineers.
(c) Agency coordination; findings and recommendations The Secretary shall coordinate fully with the Administrator of the Environmental Protection Agency in carrying out the study described in this section and shall report any findings and recommendations to Congress. The Secretary and the Administrator shall also consider the views of other appropriate Federal, State, and local agencies, academic institutions, and members of the public who are concerned about water quality in the New York Bight.
(d) Authorization of appropriations There is authorized to be appropriated not more than $1,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991.
(Pub. L. 99662, title VII, § 728, Nov. 17, 1986, 100 Stat. 4164.)
## Notes
Statutory Notes and Related Subsidiaries
New York Bight and Harbor StudyPub. L. 102580, title III, § 326, Oct. 31, 1992, 106 Stat. 4850, as amended by Pub. L. 104303, title IV, § 433, Oct. 12, 1996, 110 Stat. 3746, provided that: “(a) In General.—As a continuation of the study pursuant to section 728 of the Water Resources Development Act of 1986 [33 U.S.C. 2267], the Secretary shall study a hydro-environmental monitoring and information system in the New York Bight and New York Harbor and tributaries to the head of tide, in the form of a system using computerized buoys and radio telemetry that allows for the continual monitoring (at strategically located sites throughout the New York Bight and Harbor region) of the following: wind, wave, current, salinity, and thermal gradients and sea chemistry, in order to measure the effect of changes due to air and water pollution, including changes due to continued dumping in the Bight. This effort will include the study of a verified, nested, high-resolution Harbor/Bight Apex numerical model, and supportive monitoring and information systems. “(b) Hydraulic Model.—In addition, the Secretary shall study a proper physical hydraulic model of the New York Bight and the tying in of such model to the existing inshore physical hydraulic model of the Port of New York and New Jersey operated by the United States Army Corps of Engineers. “(c) Purpose.—This New York Bight and Harbor effort will address the engineering, environmental, and social impacts of natural and man-made changes to the New York Bight, including water quality parameters such as contaminant and sediment transport effects, and nutrient eutrophication. “(d) Coordination With EPA; Reports.—The Secretary shall coordinate fully with the Administrator of the Environmental Protection Agency in carrying out the study described in the section and shall report any findings and recommendations to Congress. The Secretary and the Administrator shall also consider the views of other appropriate Federal, State, and local agencies, academic institutions, and members of the public who are concerned about water and sediment quality in the New York Bight and Harbor region. “(e) Remediation Techniques.—“(1) In general.—To test and verify contaminant and sediment tracking ability of the models, and to reduce the problems associated with the dredging and disposal of dioxin contaminated sediments in the region, a study shall be performed to identify appropriate remediation techniques (including isolation and treatment) for mitigating dioxin contaminated sediments at their sources. The study and report are not intended to encumber civil works projects under development or scheduled to be maintained. Work on these projects shall proceed along the present schedule. “(2) Report.—Not later than 1 year after the date of the enactment of this Act [Oct. 31, 1992], the Secretary shall submit to the Committee on Environment and Public Works of the Senate, the Committee on Public Works and Transportation of the House of Representatives, and to the State of New Jersey a report on—“(A) the dioxin study and monitoring required in this subsection; and “(B) the effectiveness and costs of all reasonable remediation measures, including recommendations as to a plan for implementation of the most time and cost-effective measures. “(f) Funding.—There is authorized to be appropriated $3,000,000 for fiscal years beginning after September 30, 1992. Such sums shall remain available until expended.” Pub. L. 100220, title II, subtitle C, Dec. 29, 1987, 101 Stat. 1467, as amended by Pub. L. 100688, title I, § 1003(b), (c), Nov. 18, 1988, 102 Stat. 4150, directed Administrator of the Environmental Protection Agency, within 3 years after Dec. 29, 1987, in consultation with Administrator of the National Oceanic and Atmospheric Administration and other Federal, State, and interstate agencies, to prepare and submit to Congress a New York Bight Restoration Plan and a detailed schedule and two preliminary reports at specified times, and further directed Administrator to conduct a study of problems associated with plastic debris in the New York Bight and report to Congress within 6 months after Dec. 29, 1987.
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# 33 U.S.C. § 2267a - Watershed and river basin assessments
## Text
(a) In general The Secretary may assess the water resources needs of river basins and watersheds of the United States, including needs relating to—
(1) ecosystem protection and restoration;
(2) flood damage reduction;
(3) navigation and ports;
(4) watershed protection;
(5) water supply;
(6) drought preparedness;
(7) sea level rise;
(8) coastal storm damage reduction; and
(9) streambank and shoreline protection.
(b) Cooperation An assessment under subsection (a) shall be carried out in cooperation and coordination with—
(1) the Secretary of the Interior;
(2) the Secretary of Agriculture;
(3) the Secretary of Commerce;
(4) the Administrator of the Environmental Protection Agency; and
(5) the heads of other appropriate agencies.
(c) Consultation In carrying out an assessment under subsection (a), the Secretary shall consult with Federal, tribal, State, interstate, and local governmental entities.
(d) Priority river basins and watersheds In selecting river basins and watersheds for assessment under this section, the Secretary shall give priority to—
(1) the Delaware River basin;
(2) the Kentucky River basin;
(3) the Potomac River basin;
(4) the Susquehanna River basin;
(5) the Willamette River basin;
(6) Tuscarawas River Basin, Ohio;
(7) Sauk River Basin, Snohomish and Skagit Counties, Washington;
(8) Niagara River Basin, New York;
(9) Genesee River Basin, New York;
(10) White River Basin, Arkansas and Missouri;
(11) New York-New Jersey Watershed Basin, which encompasses all the watersheds that flow into the New York-New Jersey Harbor and their associated estuaries, including the Hudson, Mohawk, Raritan, Passaic, Hackensack, and Bronx River Watersheds and the Hudson River Estuary;
(12) Mississippi River Watershed;
(13) Chattahoochee River Basin, Alabama, Florida, and Georgia;
(14) the Walla Walla River Basin;
(15) the San Francisco Bay Basin;
(16) Connecticut River Watershed, Connecticut, Massachusetts, New Hampshire, and Vermont;
(17) Lower Rouge River Watershed, Michigan; and
(18) Grand River Watershed, Michigan.
(e) Acceptance of contributions In carrying out an assessment under subsection (a), the Secretary may accept contributions, in cash or in kind, from Federal, tribal, State, interstate, and local governmental entities to the extent that the Secretary determines that the contributions will facilitate completion of the assessment.
(f) Cost-sharing requirements (1) Non-Federal share The non-Federal share of the costs of an assessment carried out under this section on or after December 11, 2000, shall be 25 percent.
(2) Credit (A) In general Subject to subparagraph (B), the Secretary may credit toward the non-Federal share of an assessment under this section the cost of services, materials, supplies, or other in-kind contributions provided by the non-Federal interests for the assessment.
(B) Maximum amount of credit The credit under subparagraph (A) may not exceed an amount equal to 25 percent of the costs of the assessment.
(g) Feasibility report on project specific recommendations from assessments (1) In general At the request of a non-Federal interest for an assessment completed under this section, the Secretary is authorized to prepare a feasibility report, in accordance with the requirements of section 2282 of this title, recommending the construction or modification of a water resources development project to address a water resources need of a river basin or watershed of the United States identified in the assessment.
(2) Priority watersheds In carrying out this subsection, the Secretary shall give priority to—
(A) the watersheds of the island of Maui, Hawaii, including the Wahikuli, Honoko̅wai, Kahana, Honokahua, and Honolua watersheds, including the coral reef habitat north of Lahaina off the northwestern coast of the island of Maui; and
(B) the watersheds of the Northern Mariana Islands, American Samoa, and Guam.
(Pub. L. 99662, title VII, § 729, Nov. 17, 1986, 100 Stat. 4164; Pub. L. 106541, title II, § 202, Dec. 11, 2000, 114 Stat. 2587; Pub. L. 110114, title II, § 2010, Nov. 8, 2007, 121 Stat. 1074; Pub. L. 117263, div. H, title LXXXI, § 8302, Dec. 23, 2022, 136 Stat. 3776; Pub. L. 118272, div. A, title I, § 1143, Jan. 4, 2025, 138 Stat. 3034.)
## Notes
Editorial Notes
Amendments2025—Subsec. (d)(14) to (18). Pub. L. 118272, § 1143(1), added pars. (14) to (18). Subsec. (g). Pub. L. 118272, § 1143(2), added subsec. (g). 2022—Subsec. (a)(7) to (9). Pub. L. 117263, § 8302(1), added pars. (7) to (9). Subsec. (d)(11) to (13). Pub. L. 117263, § 8302(2), added pars. (11) to (13). 2007—Subsec. (d)(6) to (10). Pub. L. 110114, § 2010(1), added pars. (6) to (10). Subsec. (f)(1). Pub. L. 110114, § 2010(2), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “The non-Federal share of the costs of an assessment carried out under this section shall be 50 percent.” Subsec. (g). Pub. L. 110114, § 2010(3), struck out heading and text of subsec. (g). Text read as follows: “There is authorized to be appropriated to carry out this section $15,000,000.” 2000—Pub. L. 106541 amended section catchline and text generally. Prior to amendment, section read as follows: “(a) The Secretary, in coordination with the Secretary of the Interior and in consultation with appropriate Federal, State, and local agencies, is authorized to study the water resources needs of river basins and regions of the United States. The Secretaries shall report the results of such study to Congress not later than October 1, 1988. “(b) In carrying out the studies authorized under subsection (a) of this section, the Secretaries shall consult with State, interstate, and local governmental entities. “(c) There is authorized to be appropriated $5,000,000 for fiscal years beginning after September 30, 1986, to carry out this section.”
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# 33 U.S.C. § 2267b - Post-disaster watershed assessments
## Text
(a) Watershed assessments (1) In general In an area that the President has declared a major disaster in accordance with section 5170 of title 42, the Secretary may carry out a watershed assessment to identify, to the maximum extent practicable, specific flood risk reduction, hurricane and storm damage reduction, ecosystem restoration, or navigation project recommendations that will help to rehabilitate and improve the resiliency of damaged infrastructure and natural resources to reduce risks to human life and property from future natural disasters.
(2) Existing projects A watershed assessment carried out paragraph 11 So in original. Probably should be preceded by “under”. (1) may identify existing projects being carried out under 1 or more of the authorities referred to in subsection (b)(1).
(3) Duplicate watershed assessments In carrying out a watershed assessment under paragraph (1), the Secretary shall use all existing watershed assessments and related information developed by the Secretary or other Federal, State, or local entities.
(b) Projects (1) In general The Secretary may carry out projects identified under a watershed assessment under subsection (a) in accordance with the criteria for projects carried out under one of the following authorities:
(A) Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
(B) Section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i).
(C) Section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330).
(D) Section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a).
(E) Section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577).
(F) Section 3 of the Act of August 13, 1946 (33 U.S.C. 426g).
(2) Annual plan For each project that does not meet the criteria under paragraph (1), the Secretary shall include a recommendation relating to the project in the annual report submitted to Congress by the Secretary in accordance with section 2282d of this title.
(3) Existing projects In carrying out a project under paragraph (1), the Secretary shall—
(A) to the maximum extent practicable, use all existing information and studies available for the project; and
(B) not require any element of a study completed for the project prior to the disaster to be repeated.
(c) Requirements All requirements applicable to a project under the Acts described in subsection (b) shall apply to the project.
(d) Limitations on assessments A watershed assessment under subsection (a) shall be initiated not later than 2 years after the date on which the major disaster declaration is issued.
(e) Assessments in territories of the United States (1) In general For any major disaster declared in a territory of the United States before October 23, 2018, all activities in the territory carried out or undertaken pursuant to the authorities described in this section shall be conducted at full Federal expense unless the President determines that the territory has the ability to pay the cost share for an assessment under this section without the use of loans.
(2) Territory defined In this subsection, the term “territory of the United States” means an insular area specified in section 2310(a)(1) of this title.
(Pub. L. 113121, title III, § 3025, June 10, 2014, 128 Stat. 1303; Pub. L. 115270, title I, § 1139, Oct. 23, 2018, 132 Stat. 3784.)
## Notes
Editorial Notes
References in TextThe Flood Control Act of 1948, referred to in subsecs. (b)(1)(A) and (c), is act June 30, 1948, ch. 771, title II, 62 Stat. 1175. For complete classification of this Act to the Code, see Tables. The River and Harbor Act of 1968, referred to in subsecs. (b)(1)(B) and (c), is Pub. L. 90483, title I, Aug. 13, 1968, 82 Stat. 731. For complete classification of this Act to the Code, see Tables. The Water Resources Development Act of 1996, referred to in subsecs. (b)(1)(C) and (c), is Pub. L. 104303, Oct. 12, 1996, 110 Stat. 3658. For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under section 2201 of this title and Tables. The Water Resources Development Act of 1986, referred to in subsecs. (b)(1)(D) and (c), is Pub. L. 99662, Nov. 17, 1986, 100 Stat. 4082. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables. The River and Harbor Act of 1960, referred to in subsecs. (b)(1)(E) and (c), is Pub. L. 86645, title I, July 14, 1960, 74 Stat. 480. For complete classification of this Act to the Code, see Tables. The Act of August 13, 1946, referred to in subsecs. (b)(1)(F) and (c), is act Aug. 13, 1946, ch. 960, 60 Stat. 1056. For complete classification of this Act to the Code, see Tables.
Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Amendments2018—Subsec. (e). Pub. L. 115270 added subsec. (e).
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2268 - Marine technology review
## Text
(a) Dredging needs The Secretary is authorized to conduct such studies as are necessary to provide a report to Congress on the dredging needs of the national ports and harbors of the United States. The report shall include existing and projected future project depths, types and sizes of ships in use, and world trade patterns, an assessment of the future national waterside infrastructure needs, and a comparison of drafts of United States and selected world ports.
(b) Authorization of appropriations There is authorized to be appropriated $2,500,000 to carry out this section for fiscal years beginning after September 30, 1992. Such sums shall remain available until expended.
(Pub. L. 102580, title IV, § 402, Oct. 31, 1992, 106 Stat. 4862.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Development Act of 1992, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 3 of Pub. L. 102580, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2270 - Subsurface drain systems research and development
## Text
Subject to the availability of appropriations, the Secretary, acting through the Director of the Engineer Research and Development Center and, where appropriate, in consultation with other Federal agencies, shall carry out research and development activities relating to the use of subsurface drain systems as—
(1) a flood risk-reduction measure; or
(2) a coastal storm risk-reduction measure.
(Pub. L. 116260, div. AA, title II, § 227, Dec. 27, 2020, 134 Stat. 2698.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116260, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2280 - Maximum cost of projects
## Text
(a) In general In order to insure against cost overruns, each total cost set forth with respect to a project for water resources development and conservation and related purposes authorized to be carried out by the Secretary in this Act or in a law enacted after the date of the enactment of this Act, including the Water Resources Development Act of 1988, or in an amendment made by this Act or any later law with respect to such a project shall be the maximum cost of that project, except that such maximum amount—
(1) may be increased by the Secretary for modifications which do not materially alter the scope or functions of the project as authorized, but not by more than 20 percent of the total cost stated for the project in this Act, in any later law, or in an amendment made by this Act or any later law; and
(2) shall be automatically increased for—
(A) changes in construction costs applied to unconstructed features (including real property acquisitions, preconstruction studies, planning, engineering, and design) from the date of enactment of this Act or any later law (unless otherwise specified) as indicated by engineering and other appropriate cost indexes; and
(B) additional studies, modifications, and actions (including mitigation and other environmental actions) authorized by this Act or any later law or required by changes in Federal law.
(b) Contributions by non-Federal interests Notwithstanding subsection (a), in accordance with section 701h of this title, the Secretary may accept funds from a non-Federal interest for any authorized water resources development project that has exceeded its maximum cost under subsection (a), and use such funds to carry out such project, if the use of such funds does not increase the Federal share of the cost of such project.
(Pub. L. 99662, title IX, § 902, Nov. 17, 1986, 100 Stat. 4183; Pub. L. 100676, § 3(b), Nov. 17, 1988, 102 Stat. 4014; Pub. L. 113121, title I, § 1023, June 10, 2014, 128 Stat. 1228.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (a), is Pub. L. 99662, Nov. 17, 1986, 100 Stat. 4082, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables. The date of enactment of this Act, referred to in subsec. (a), is the date of enactment of Pub. L. 99662, which was approved Nov. 17, 1986. The Water Resources Development Act of 1988, referred to in subsec. (a), is Pub. L. 100676, Nov. 17, 1988, 102 Stat. 4012. For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under section 2201 of this title and Tables.
Amendments2014—Pub. L. 113121 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1988—Pub. L. 100676, § 3(b)(1), substituted “with respect to a project for water resources development and conservation and related purposes authorized to be carried out by the Secretary in this Act or in a law enacted after the date of the enactment of this Act, including the Water Resources Development Act of 1988, or in an amendment made by this Act or any later law with respect to such a project” for “in this Act, or an amendment made by this Act, for a project”. Par. (1). Pub. L. 100676, § 3(b)(2), inserted “, in any later law,” after “in this Act”, and “or any later law” after “by this Act”. Par. (2). Pub. L. 100676, § 3(b)(3), (4), inserted “or any later law” after “of this Act” in subpars. (A) and (B).
Statutory Notes and Related Subsidiaries
Continuation of ConstructionPub. L. 117263, div. H, title LXXXI, § 8155, Dec. 23, 2022, 136 Stat. 3736, provided that: “(a) Continuation of Construction.—“(1) In general.—Upon the transmittal of an initial notification pursuant to subsection (b)(1) with respect to a water resources development project, the Secretary [of the Army] shall not, solely on the basis of the maximum cost requirements under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280)—“(A) defer the initiation or continuation of construction of the water resources development project during the covered period; or “(B) terminate during or after the covered period, a contract for design or construction of the water resources development project that was entered into prior to or during the covered period. “(2) Resumption of construction.—The Secretary shall, upon the transmittal of an initial notification pursuant to subsection (b)(1) with respect to a water resources development project for which construction was deferred, during the period beginning on October 1, 2021, and ending on the date of enactment of this Act [Dec. 23, 2022], because the cost of such project exceeded the maximum cost permitted under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280), resume construction of the project. “(b) Notification.—“(1) Initial notification.—Not later than 30 days after the Chief of Engineers makes a determination that a water resources development project exceeds, or is expected to exceed, the maximum cost of the project permitted under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280), the Chief of Engineers shall transmit a written notification concurrently to the Secretary and to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives for each such determination. “(2) Supplemental notification.—Not later than 60 days after the Chief of Engineers transmits an initial notification required under paragraph (1), the Chief shall transmit concurrently to the Secretary and to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a supplemental notification that includes, based on information available to the Corps of Engineers on the date of the supplemental notification—“(A) an estimate of the expected increase in the cost of the project that is in excess of the authorized maximum cost for the project; “(B) a description of the reason for the increased cost of the project; and “(C) the expected timeline for submission of a post-authorization change report for the project in accordance with section 1132 of the Water Resources Development Act of 2016 (33 U.S.C. 2282e). “(3) Transmittal.—The notifications described in paragraphs (1) and (2) may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration. “(c) Deferral of Construction.—After expiration of the covered period, the Secretary shall not enter into any new contract, or exercise any option in a contract, for construction of a water resources development project if the project exceeds the maximum cost of the project permitted under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280), until the date on which Congress authorizes an increase in the cost of the project. “(d) Statutory Construction.—Nothing in this section waives the obligation of the Secretary to submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a post-authorization change report recommending an increase in the authorized cost of a project if the project otherwise would exceed the maximum cost of the project permitted under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280). “(e) Definition of Covered Period.—In this section, the term covered period means the period beginning on the date of enactment of this Act [Dec. 23, 2022] and ending on December 31, 2024.”
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# 33 U.S.C. § 2281 - Matters to be addressed in planning
## Text
(a) In general Enhancing national economic development (including benefits to particular regions of the Nation not involving the transfer of economic activity to such regions from other regions), the quality of the total environment (including preservation and enhancement of the environment), the well-being of the people of the United States, the prevention of loss of life, and the preservation of cultural and historical values shall be addressed in the formulation and evaluation of water resources projects to be carried out by the Secretary, and the associated benefits and costs, both quantifiable and unquantifiable, and information regarding potential loss of human life that may be associated with flooding and coastal storm events, shall be displayed in the benefits and costs of such projects.
(b) Assessments For all feasibility reports for water resources projects completed after December 31, 2007, the Secretary shall assess whether—
(1) the water resources project and each separable element is cost-effective; and
(2) the water resources project complies with Federal, State, and local laws (including regulations) and public policies.
(Pub. L. 99662, title IX, § 904, Nov. 17, 1986, 100 Stat. 4185; Pub. L. 101640, title III, § 315, Nov. 28, 1990, 104 Stat. 4641; Pub. L. 104303, title II, § 231, Oct. 12, 1996, 110 Stat. 3704; Pub. L. 110114, title II, § 2033(a), Nov. 8, 2007, 121 Stat. 1084.)
## Notes
Editorial Notes
Amendments2007—Pub. L. 110114 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1996—Pub. L. 104303 inserted “and information regarding potential loss of human life that may be associated with flooding and coastal storm events,” after “unquantifiable,”. 1990—Pub. L. 101640 inserted “(including preservation and enhancement of the environment)” after “environment”.
Statutory Notes and Related Subsidiaries
Rural Project Evaluation and Selection CriteriaPub. L. 102580, title II, § 214, Oct. 31, 1992, 106 Stat. 4831, directed Comptroller General, not later than 18 months after Oct. 31, 1992, to report to Congress with specific legislative and other recommendations on improving the equitable distribution of water resources development projects in rural areas, prior to repeal by Pub. L. 104316, title I, § 117, Oct. 19, 1996, 110 Stat. 3835.
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# 33 U.S.C. § 2281a - Tribal Liaison
## Text
(a) In general Beginning not later than 1 year after December 23, 2022, the District Commander for each Corps of Engineers district that contains a Tribal community shall have on staff a Tribal Liaison.
(b) Duties Each Tribal Liaison shall make recommendations to the applicable District Commander regarding, and be responsible for—
(1) removing barriers to access to, and participation in, Corps of Engineers programs for Tribal communities, including by improving implementation of section 2213(m) of this title;
(2) improving outreach to, and engagement with, Tribal communities about relevant Corps of Engineers programs and services;
(3) identifying and engaging with Tribal communities suffering from water resources challenges;
(4) improving, expanding, and facilitating government-to-government consultation between Tribal communities and the Corps of Engineers;
(5) coordinating and implementing all relevant Tribal consultation policies and associated guidelines, including the requirements of section 2356 of title;
(6) training and tools to facilitate the ability of Corps of Engineers staff to effectively engage with Tribal communities in a culturally competent manner, especially in regards to lands of ancestral, historic, or cultural significance to a Tribal community, including burial sites; and
(7) such other issues identified by the Secretary.
(c) Uniformity Not later than 120 days after December 23, 2022, the Secretary shall finalize guidelines for—
(1) a position description for Tribal Liaisons; and
(2) required qualifications for Tribal Liaisons, including experience and expertise relating to Tribal communities and water resource issues.
(d) Funding Funding for the position of Tribal Liaison shall be allocated from the budget line item provided for the expenses necessary for the supervision and general administration of the civil works program, and filling the position shall not be dependent on any increase in this budget line item.
(e) Definitions In this section:
(1) Tribal community The term “Tribal community” means a community of people who are recognized and defined under Federal law as indigenous people of the United States.
(2) Tribal Liaison The term “Tribal Liaison” means a permanent employee of a Corps of Engineers district whose primary responsibilities are to—
(A) serve as a direct line of communication between the District Commander and the Tribal communities within the boundaries of the Corps of Engineers district; and
(B) ensure consistency in government-to-government relations.
(Pub. L. 117263, div. H, title LXXXI, § 8112, Dec. 23, 2022, 136 Stat. 3704.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 8002 of Pub. L. 117263, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2281b - Corps of Engineers support for underserved communities; outreach
## Text
(a) In general It is the policy of the United States for the Corps of Engineers to strive to understand and accommodate and, in coordination with non-Federal interests, seek to address the water resources development needs of all communities in the United States.
(b) Outreach and access (1) In general The Secretary shall, at Federal expense, develop, support, and implement public awareness, education, and regular outreach and engagement efforts for potential non-Federal interests with respect to the water resources development authorities of the Secretary, with particular emphasis on—
(A) technical service programs, including the authorities under—
(i) section 709a of this title;
(ii) section 1962d16 of title 42; and
(iii) section 2269 of this title;
(B) continuing authority programs, as such term is defined in section 2282d(c)(1)(D) of this title; and
(C) ensuring that a potential non-Federal interest is aware of the roles, responsibilities, and financial commitments associated with a completed water resources development project prior to initiating a feasibility study (as defined in section 2215(d) of this title), including operations, maintenance, repair, replacement, and rehabilitation responsibilities.
(2) Implementation In carrying out this subsection, the Secretary shall—
(A) develop and make publicly available (including on a publicly available website), technical assistance materials, guidance, and other information with respect to the water resources development authorities of the Secretary;
(B) designate and make publicly available a community project advisor at each district and division office of the Corps of Engineers for—
(i) inquiries from potential non-Federal interests relating to the water resources development authorities of the Secretary; and
(ii) any other responsibilities as determined by the Secretary that are appropriate to carry out this section;
(C) conduct regular outreach and engagement, including through hosting seminars and community information sessions, with local elected officials, community organizations, and previous and potential non-Federal interests, on opportunities to address local water resources challenges through the water resources development authorities of the Secretary;
(D) issue guidance for, and provide technical assistance through technical service programs to, non-Federal interests to assist such interests in pursuing technical services and developing proposals for water resources development projects;
(E) provide, at the request of a non-Federal interest, assistance with researching and identifying existing project authorizations or authorities to address local water resources challenges; and
(F) to the maximum extent practicable—
(i) develop and continue to make publicly available, through a publicly available existing website, information on the projects and studies within the jurisdiction of each district of the Corps of Engineers; and
(ii) ensure that the information described in clause (i) is consistent and made publicly available in the same manner across all districts of the Corps of Engineers.
(3) Guidance The Secretary shall develop and issue guidance to ensure that community project advisors designated under paragraph (2)(B) are adequately fulfilling their obligations under that paragraph.
(4) Prioritization In carrying out this subsection, the Secretary shall, to the maximum extent practicable, prioritize awareness, education, and outreach and engagement to economically disadvantaged communities (as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note)), including economically disadvantaged communities located in urban and rural areas.
(5) Authorization of appropriations There is authorized to be appropriated to carry out this section $30,000,000 for each fiscal year.
(Pub. L. 117263, div. H, title LXXXI, § 8117, Dec. 23, 2022, 136 Stat. 3709; Pub. L. 118272, div. A, title I, § 1101(a), Jan. 4, 2025, 138 Stat. 2996.)
## Notes
Editorial Notes
References in TextSection 160 of the Water Resources Development Act of 2020, referred to in subsec. (b)(4), is section 160 of div. AA of Pub. L. 116260, which is set out as a note under section 2201 of this title.
Codification Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Amendments2025—Subsec. (b)(1)(C). Pub. L. 118272, § 1101(a)(1), added subpar. (C). Subsec. (b)(2)(B). Pub. L. 118272, § 1101(a)(2)(A), added subpar. (B) and struck out former subpar. (B) which read as follows: “establish and make publicly available (including on a publicly available website), an appropriate point of contact at each district and division office of the Corps of Engineers for inquiries from potential non-Federal interests relating to the water resources development authorities of the Secretary;”. Subsec. (b)(2)(F). Pub. L. 118272, § 1101(a)(2)(B)(D), added subpar. (F). Subsec. (b)(3) to (5). Pub. L. 118272, § 1101(a)(3), (4), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.
Statutory Notes and Related Subsidiaries
Tribal and Economically Disadvantaged Communities Advisory CommitteePub. L. 117263, div. H, title LXXXI, § 8115, Dec. 23, 2022, 136 Stat. 3707, provided that: “(a) Establishment.—Not later than 90 days after the date of enactment of this Act [Dec. 23, 2022], the Secretary [of the Army] shall establish a committee, to be known as the Tribal and Economically Disadvantaged Communities Advisory Committee, to develop and make recommendations to the Secretary and the Chief of Engineers on activities and actions that should be undertaken by the Corps of Engineers to ensure more effective delivery of water resources development projects, programs, and other assistance to Indian Tribes and economically disadvantaged communities, including economically disadvantaged communities located in urban and rural areas. “(b) Membership.—The Committee shall be composed of members, appointed by the Secretary, who have the requisite experiential or technical knowledge needed to address issues related to the water resources needs and challenges of economically disadvantaged communities and Indian Tribes, including—“(1) 5 individuals representing organizations with expertise in environmental policy, rural water resources, economically disadvantaged communities, Tribal rights, or civil rights; and “(2) 5 individuals, each representing a non-Federal interest for a Corps of Engineers project. “(c) Duties.—“(1) Recommendations.—The Committee shall provide advice and make recommendations to the Secretary and the Chief of Engineers to assist the Corps of Engineers in—“(A) efficiently and effectively delivering solutions to the needs and challenges of water resources development projects for economically disadvantaged communities and Indian Tribes; “(B) integrating consideration of economically disadvantaged communities and Indian Tribes, where applicable, in the development of water resources development projects and programs of the Corps of Engineers; and “(C) improving the capability and capacity of the workforce of the Corps of Engineers to assist economically disadvantaged communities and Indian Tribes. “(2) Meetings.—The Committee shall meet as appropriate to develop and make recommendations under paragraph (1). “(3) Report.—Recommendations made under paragraph (1) shall be—“(A) included in a report submitted to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and “(B) made publicly available, including on a publicly available website. “(d) Independent Judgment.—Any recommendation made by the Committee to the Secretary and the Chief of Engineers under subsection (c)(1) shall reflect the independent judgment of the Committee. “(e) Administration.—“(1) Compensation.—Except as provided in paragraph (3), the members of the Committee shall serve without compensation. “(2) Travel expenses.—The members of the Committee shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. “(3) Treatment.—The members of the Committee shall not be considered to be Federal employees, and the meetings and reports of the Committee shall not be considered a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). “(f) Definitions.—In this section:“(1) Committee.—The term Committee means the Tribal and Economically Disadvantaged Communities Advisory Committee established under subsection (a). “(2) Economically disadvantaged community.—The term economically disadvantaged community has the meaning given the term as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 [div. AA of Pub. L. 116260] (33 U.S.C. 2201 note). “(3) Indian tribe.—The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).”
“Secretary” Defined Secretary means the Secretary of the Army, see section 8002 of Pub. L. 117263, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2281c - Continuing authority programs
## Text
(a) Community revitalization program (1) In general Not later than 180 days after December 27, 2020, the Secretary shall implement a program, in accordance with this subsection, for carrying out a project under a continuing authority program for an economically disadvantaged community.
(2) Participation in program In carrying out paragraph (1), the Secretary shall—
(A) solicit project proposals from non-Federal interests by posting program information on a public-facing website and reaching out to non-Federal interests that have previously submitted relevant project proposals to the Secretary; and
(B) review such proposals and select projects, taking into consideration geographic diversity among the selected projects.
(3) Cost share Notwithstanding the cost share authorized for the applicable continuing authority program, the Federal share of the cost of a project selected under paragraph (2) shall be 100 percent.
(4) Continuing authority program defined In this subsection, the term “continuing authority program” has the meaning given that term in section 2282d(c)(1)(D) of this title.
(5) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $150,000,000 for each fiscal year.
(b) Authorizations of Appropriations (1) Emergency streambank and shoreline protection Notwithstanding section 701r of this title, there is authorized to be appropriated to carry out such section $25,500,000 for each of fiscal years 2021 through 2024.
(2) Storm and hurricane restoration and impact minimization program Notwithstanding section 426g(c) of this title, there is authorized to be appropriated to carry out such section $38,000,000 for each of fiscal years 2021 through 2024.
(3) Small river and harbor improvement projects Notwithstanding section 577(a) of this title, there is authorized to be appropriated to carry out such section $63,000,000 for each of fiscal years 2021 through 2024.
(4) Regional sediment management Notwithstanding section 2326(g) of this title, there is authorized to be appropriated to carry out such section $63,000,000 for each of fiscal years 2021 through 2024.
(5) Small flood control projects Notwithstanding section 701s of this title, there is authorized to be appropriated to carry out such section $69,250,000 for each of fiscal years 2021 through 2024.
(6) Aquatic ecosystem restoration Notwithstanding section 2330(f) of this title, there is authorized to be appropriated to carry out such section $63,000,000 for each of fiscal years 2021 through 2024.
(7) Removal of obstructions; clearing channels Notwithstanding section 701g of this title, there is authorized to be appropriated to carry out such section $8,000,000 for each of fiscal years 2021 through 2024.
(8) Project modifications for improvement of environment Notwithstanding section 2309a(h) of this title, there is authorized to be appropriated to carry out such section $50,500,000 for each of fiscal years 2021 through 2024.
(Pub. L. 116260, div. AA, title I, § 165, Dec. 27, 2020, 134 Stat. 2668; Pub. L. 117263, div. H, title LXXXI, § 8118(b), Dec. 23, 2022, 136 Stat. 3711; Pub. L. 118272, div. A, title I, § 1107(k), Jan. 4, 2025, 138 Stat. 3006.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Section was formerly set out as a note under section 2201 of this title. Section 1107(k) of Pub. L. 118272, which amended this section, contains two pars. (3), the first of which amended subsec. (a)(2) of this section and the second of which amended subsec. (a)(4) of this section.
AmendmentsSubsec. (a). Pub. L. 118272, § 1107(k)(1), substituted “Community revitalization program” for “Pilot Program for Continuing Authority Projects in Small or Disadvantaged Communities” in heading. Subsec. (a)(1). Pub. L. 118272, § 1107(k)(2), substituted “a program” for “a pilot program”. Subsec. (a)(2). Pub. L. 118272, § 1107(k)(3)(A), struck out “pilot” before “program” in heading. See Codification note above. Subsec. (a)(2)(A). Pub. L. 118272, § 1107(k)(3)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “publish a notice in the Federal Register that requests non-Federal interest proposals for a project under a continuing authority program for an economically disadvantaged community; and”. See Codification note above. Subsec. (a)(2)(B). Pub. L. 118272, § 1107(k)(3)(C), substituted “select projects” for “select a total of 20 projects”. See Codification note above. Subsec. (a)(4), (5). Pub. L. 118272, § 1107(k)(3)(6), added par. (5), redesignated former par. (5) as (4), made technical amendment to reference in original act which appears in text as reference to section 2282d(c)(1)(D) of this title, and struck out former par. (4). Prior to amendment, text of par. (4) read as follows: “The authority to commence pursuant to this subsection a project selected under paragraph (2) shall terminate on the date that is 10 years after December 27, 2020.” See Codification note above.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116260, set out as a note under section 2201 of this title.
Definitions For definition of “economically disadvantaged community” as used in subsec. (a)(1) of this section, see section 160 of div. AA of Pub. L. 116260, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2281d - Declaration of policy
## Text
(a) In general It is the policy of the United States for the Corps of Engineers, consistent with applicable statutory authorities—
(1) to maximize opportunities for water supply, water conservation measures, and drought resiliency efforts at and in the operation of water resources development projects;
(2) in accordance with section 390b of title 43, to participate and cooperate with States and local interests in developing water supplies for domestic, municipal, industrial, and other purposes in authorized connection with the construction, maintenance, and operation of water resources development projects; and
(3) in coordination with non-Federal interests, to enable the adoption of water conservation measures and drought resiliency measures that are in alignment with the authorized purposes of water resources development projects.
(b) Full consideration In support of subsection (a), the Secretary shall give full consideration to requests and proposals from non-Federal interests to utilize the authorities of the Corps of Engineers in furtherance of water supply features, water conservation measures, and drought resiliency efforts that are in alignment the authorized purposes of water resources development projects.
(c) Limitation Nothing in this section—
(1) affects, modifies, or changes—
(A) the authority of a State to manage, use, or allocate the water resources of that State;
(B) any water right in existence on January 4, 2025;
(C) any existing water supply agreements between the Secretary and the non-Federal interest;
(D) the authorized purposes of a water resources development project; or
(E) any existing Corps of Engineers authorities;
(2) preempts or affects any State water law or interstate compact governing water;
(3) diminishes the other priorities and the primary or secondary missions of the Corps of Engineers; or
(4) shall be interpreted to supersede or modify any written agreement between the Federal Government and a non-Federal interest that is in effect on January 4, 2025.
(Pub. L. 118272, div. A, title I, § 1161, Jan. 4, 2025, 138 Stat. 3046.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Grace F. Napolitano Priority for Water Supply, Water Conservation, and Drought Resiliency Act of 2024 and also as part of the Water Resources Development Act of 2024 and the Thomas R. Carper Water Resources Development Act of 2024, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 1002 of div. A of Pub. L. 118272, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2282 - Feasibility reports
## Text
(a) Preparation of reports (1) In general In the case of any water resources project-related study authorized to be undertaken by the Secretary that results in recommendations concerning a project or the operation of a project and that requires specific authorization by Congress in law or otherwise, the Secretary shall prepare a feasibility report, subject to section 2215 of this title.
(2) Contents of feasibility reports A feasibility report shall describe, with reasonable certainty, the economic, environmental, and social benefits and detriments of the recommended plan and alternative plans considered by the Secretary and the engineering features (including hydrologic and geologic information), the public acceptability, and the purposes, scope, and scale of the recommended plan. A feasibility report shall also include the views of other Federal agencies and non-Federal agencies with regard to the recommended plan, a description of a nonstructural alternative to the recommended plan when such plan does not have significant nonstructural features, and a description of the Federal and non-Federal participation in such plan, and shall demonstrate that States, other non-Federal interests, and Federal agencies have been consulted in the development of the recommended plan. A feasibility report shall include a preliminary analysis of the Federal interest and the costs, benefits, and environmental impacts of the project.
(3) Applicability This subsection shall not apply to—
(A) any study with respect to which a report has been submitted to Congress before November 17, 1986;
(B) any study for a project, which project is authorized for construction by this Act and is not subject to section 903(b); 11 See References in Text note below.
(C) any study for a project which does not require specific authorization by Congress in law or otherwise; and
(D) general studies not intended to lead to recommendation of a specific water resources project.
(4) Feasibility report defined In this subsection, the term “feasibility report” means each feasibility report, and any associated environmental impact statement and mitigation plan, prepared by the Corps of Engineers for a water resources project. The term includes a project implementation report prepared under title VI of the Water Resources Development Act of 2000 (114 Stat. 26802694), a general reevaluation report, and a limited reevaluation report.
(b) Federal interest determination (1) In general (A) Identification As part of the submission of a work plan to Congress pursuant to the joint explanatory statement for an annual appropriations Act or as part of the submission of a spend plan to Congress for a supplemental appropriations Act under which the Corps of Engineers receives funding, the Secretary shall identify the studies in the plan—
(i) for which the Secretary plans to prepare a feasibility report under subsection (a) that will benefit—
(I) an economically disadvantaged community (as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note)); or
(II) a community other than a community described in subclause (I); and
(ii) that are designated as a new start under the work plan.
(B) Determination (i) In general After identifying the studies under subparagraph (A) and subject to subparagraph (C), the Secretary shall, with the consent of the applicable non-Federal interest for the study, first determine the Federal interest in carrying out the study and the projects that may be proposed in the study.
(ii) Feasibility cost share agreement The Secretary may make a determination under clause (i) prior to the execution of a feasibility cost share agreement between the Secretary and the non-Federal interest.
(C) Limitation For each fiscal year, the Secretary may not make a determination under subparagraph (B) for more than 20 studies identified under subparagraph (A)(i)(II).
(D) Application (i) In general Subject to clause (ii) and with the consent of the non-Federal interest, the Secretary may use the authority provided under this subsection for a study in a work plan submitted to Congress prior to January 4, 2025, if the study otherwise meets the requirements described in subparagraph (A).
(ii) Limitation Subparagraph (C) shall apply to the use of authority under clause (i).
(2) Cost share The costs of a determination under paragraph (1)—
(A) shall be at Federal expense;
(B) shall not exceed $300,000; and
(C) shall be paid from the funding provided for the study in the applicable work plan described in that paragraph.
(3) Deadline A determination under paragraph (1) shall be completed by not later than 120 days after the date on which funds are made available to the Secretary to carry out the determination.
(4) Treatment The cost of a determination under paragraph (1) shall not be included for purposes of the maximum total cost under section 2282c(a)(2) of this title.
(5) Report to non-Federal interest If, based on a determination under paragraph (1), the Secretary determines that a study or project is not in the Federal interest because the project will not result, or is unlikely to result, in a recommended plan that will produce national economic development benefits greater than cost, but may result in a technically sound and environmentally acceptable plan that is otherwise consistent with section 2281 of this title, the Secretary shall issue a report to the non-Federal interest with recommendations on how the non-Federal interest might modify the proposal such that the project could be in the Federal interest and feasible.
(6) Post-determination work A study under this section shall continue after a determination under paragraph (1)(B)(i) without a new investment decision.
(c) Projects not specifically authorized by Congress In the case of any water resources project-related study authorized to be undertaken by the Secretary without specific authorization by Congress in law or otherwise, the Secretary shall prepare a detailed project report.
(d) Indian tribes For purposes of studies undertaken pursuant to this section, the Secretary is authorized to consider benefits which may accrue to Indian tribes as a result of a project resulting from such a study.
(e) Standard and uniform procedures and practices The Secretary shall undertake such measures as are necessary to ensure that standard and uniform procedures and practices are followed by each district office (and each division office for any area in which there is no district office) of the United States Army Corps of Engineers in the preparation of feasibility reports on water resources projects.
(f) Enhanced public participation (1) In general The Secretary shall establish procedures to enhance public participation in the development of each feasibility study under subsection (a), including, if appropriate, establishment of a stakeholder advisory group to assist the Secretary with the development of the study.
(2) Membership If the Secretary provides for the establishment of a stakeholder advisory group under this subsection, the membership of the advisory group shall include balanced representation of social, economic, and environmental interest groups, and such members shall serve on a voluntary, uncompensated basis.
(3) Limitation Procedures established under this subsection shall not delay development of any feasibility study under subsection (a).
(g) Detailed project schedule (1) In general Not later than 180 days after June 10, 2014, the Secretary shall determine a set of milestones needed for the completion of a feasibility study under this subsection, including all major actions, report submissions and responses, reviews, and comment periods.
(2) Detailed project schedule milestones Each District Engineer shall, to the maximum extent practicable, establish a detailed project schedule, based on full funding capability, that lists all deadlines for milestones relating to feasibility studies in the District developed by the Secretary under paragraph (1).
(3) Non-Federal interest notification Each District Engineer shall submit by certified mail the detailed project schedule under paragraph (2) to each relevant non-Federal interest—
(A) for projects that have received funding from the General Investigations Account of the Corps of Engineers in the period beginning on October 1, 2009, and ending on June 10, 2014, not later than 180 days after the establishment of milestones under paragraph (1); and
(B) for projects for which a feasibility cost-sharing agreement is executed after the establishment of milestones under paragraph (1), not later than 90 days after the date on which the agreement is executed.
(4) Congressional and public notification Beginning in the first full fiscal year after June 10, 2014, the Secretary shall—
(A) submit an annual report that lists all detailed project schedules under paragraph (2) and an explanation of any missed deadlines to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and
(B) make publicly available, including on the Internet, a copy of the annual report described in subparagraph (A) not later than 14 days after date 22 So in original. Probably should be preceded by “the”. on which a report is submitted to Congress.
(5) Failure to act If a District Engineer fails to meet any of the deadlines in the project schedule under paragraph (2), the District Engineer shall—
(A) not later than 30 days after each missed deadline, submit to the non-Federal interest a report detailing—
(i) why the District Engineer failed to meet the deadline; and
(ii) a revised project schedule reflecting amended deadlines for the feasibility study; and
(B) not later than 30 days after each missed deadline, make publicly available, including on the Internet, a copy of the amended project schedule described in subparagraph (A)(ii).
(Pub. L. 99662, title IX, § 905, Nov. 17, 1986, 100 Stat. 4185; Pub. L. 106541, title II, § 222(a), Dec. 11, 2000, 114 Stat. 2597; Pub. L. 110114, title II, § 2043(b), Nov. 8, 2007, 121 Stat. 1101; Pub. L. 113121, title I, § 1002(a)(c), June 10, 2014, 128 Stat. 1198; Pub. L. 116260, div. AA, title I, § 117, Dec. 27, 2020, 134 Stat. 2628; Pub. L. 117263, div. H, title LXXXI, § 8156, Dec. 23, 2022, 136 Stat. 3738; Pub. L. 118272, div. A, title I, § 1142, Jan. 4, 2025, 138 Stat. 3033.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (a)(3)(B), is Pub. L. 99662, Nov. 17, 1986, 100 Stat. 4082, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables. Section 903(b), referred to in subsec. (a)(3)(B), is section 903(b) of Pub. L. 99662, title IX, Nov. 17, 1986, 100 Stat. 4184, which is not classified to the Code. The Water Resources Development Act of 2000, referred to in subsec. (a)(4), is Pub. L. 106541, Dec. 11, 2000, 114 Stat. 2572. Title VI of the Act is not classified to the Code. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note set out under section 2201 of this title and Tables. Section 160 of the Water Resources Development Act of 2020, referred to in subsec. (b)(1)(A)(i)(I), is section 160 of div. AA of Pub. L. 116260, which is set out as a note under section 2201 of this title.
Amendments2025—Subsec. (b)(1). Pub. L. 118272, § 1142(1), amended par. (1) generally. Prior to amendment, par. (1) related to feasibility reports for studies that benefit economically disadvantaged communities and other communities. Subsec. (b)(2)(B). Pub. L. 118272, § 1142(2)(B)(i), substituted “$300,000” for “$200,000”. Subsec. (b)(2)(C). Pub. L. 118272, § 1142(2)(A), (B)(ii), (C), added subpar. (C). Subsec. (b)(4). Pub. L. 118272, § 1142(3), added par. (4) and struck out former par. (4) which related to treatment of timing and cost of determination of Federal interest. Subsec. (b)(6). Pub. L. 118272, § 1142(4), added par. (6). 2022—Subsec. (b)(1)(B). Pub. L. 117263 amended subpar. (B) generally. Prior to amendment, subpar. (B) related to feasibility reports for studies benefitting certain other communities. 2020—Subsec. (b). Pub. L. 116260 added subsec. (b). A prior subsec. (b) was repealed by Pub. L. 113121, title I, § 1002(a)(1). See 2014 Amendment note below. 2014—Subsec. (a)(1). Pub. L. 113121, § 1002(a)(2), struck out “perform a reconnaissance study and” after “shall”. Subsec. (a)(2). Pub. L. 113121, § 1002(b), inserted at end “A feasibility report shall include a preliminary analysis of the Federal interest and the costs, benefits, and environmental impacts of the project.” Subsec. (b). Pub. L. 113121, § 1002(a)(1), struck out subsec. (b) which related to performing reconnaissance studies prior to initiating feasibility studies. Subsec. (g). Pub. L. 113121, § 1002(c), added subsec. (g). 2007—Subsec. (a). Pub. L. 110114, § 2043(b)(1), designated first sentence of existing provisions as par. (1) and inserted subsec. (a) and par. (1) headings, substituted “the Secretary that results in recommendations concerning a project or the operation of a project and that requires specific authorization by Congress in law or otherwise, the Secretary shall perform a reconnaissance study and” for “the Secretary, the Secretary shall” in par. (1), designated second and third sentences of existing provisions as par. (2) and inserted heading, substituted “A feasibility report” for “Such feasibility report” and “The feasibility report” in par. (2), added pars. (3) and (4), and struck out last sentence of existing provisions which read as follows: “This subsection shall not apply to (1) any study with respect to which a report has been submitted to Congress before November 17, 1986, (2) any study for a project, which project is authorized for construction by this Act and is not subject to section 903(b), (3) any study for a project which is authorized under any of the following sections: section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), section 2 of the Flood Control Act of August 28, 1946 (33 U.S.C. 701r), section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), section 3 of the Act entitled An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property, approved August 13, 1946 (33 U.S.C. 426g), and section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i), and (4) general studies not intended to lead to recommendation of a specific water resources project.” Subsec. (b). Pub. L. 110114, § 2043(b)(2)(A), inserted heading. Subsecs. (c) to (f). Pub. L. 110114, § 2043(b)(2)(B)(E), added subsec. (c), redesignated former subsecs. (c) to (e) as (d) to (f), respectively, and inserted headings in subsecs. (d) and (e). 2000—Subsec. (e). Pub. L. 106541 added subsec. (e).
Statutory Notes and Related Subsidiaries
Summary of AnalysisPub. L. 116260, div. AA, title I, § 116(b), Dec. 27, 2020, 134 Stat. 2628, provided that: “To the maximum extent practicable, the Secretary [of the Army] shall include in each feasibility report developed under section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282) for a project that contains a flood risk management or hurricane and storm damage risk reduction element, a summary of the natural feature or nature-based feature alternatives, along with their long-term costs and benefits, that were evaluated in the development of the feasibility report, and, if such alternatives were not included in the recommended plan, an explanation of why such alternatives were not included in the recommended plan.”
Natural InfrastructurePub. L. 115270, title I, § 1149(c), Oct. 23, 2018, 132 Stat. 3787, as amended by Pub. L. 116260, div. AA, title I, § 116(a), Dec. 27, 2020, 134 Stat. 2627, provided that: “In carrying out a feasibility report developed under section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282) for a project for flood risk management or hurricane and storm damage risk reduction, the Secretary [of the Army] shall consider the use of both traditional and natural feature or nature-based feature alternatives (as such terms are defined in section 1184 of the Water Resources Development Act of 2016 (32 U.S.C. 2289a)), alone or in conjunction with each other, if those alternatives are practicable.”
Continuation of StudiesPub. L. 113121, title I, § 1002(d), June 10, 2014, 128 Stat. 1199, provided that: “The Secretary [of the Army] shall continue to carry out a study for which a reconnaissance level investigation has been initiated before the date of enactment of this Act [June 10, 2014] as if this section [amending this section], including the amendments made by this section, had not been enacted.”
Expedited Completion of ReportsPub. L. 113121, title I, § 1003, June 10, 2014, 128 Stat. 1199, provided that: “The Secretary [of the Army] shall— “(1) expedite the completion of any on-going feasibility study for a project initiated before the date of enactment of this Act [June 10, 2014]; and “(2) if the Secretary determines that the project is justified in a completed report, proceed directly to preconstruction planning, engineering, and design of the project in accordance with section 910 of the Water Resources Development Act of 1986 (33 U.S.C. 2287).”
National Academy of Sciences StudyPub. L. 106541, title II, § 216, Dec. 11, 2000, 114 Stat. 2595, provided that: “(a) Definitions.—In this section, the following definitions apply:“(1) Academy.—The term Academy means the National Academy of Sciences. “(2) Method.—The term method means a method, model, assumption, or other pertinent planning tool used in conducting an economic or environmental analysis of a water resources project, including the formulation of a feasibility report. “(3) Feasibility report.—The term feasibility report means each feasibility report, and each associated environmental impact statement and mitigation plan, prepared by the Corps of Engineers for a water resources project. “(4) Water resources project.—The term water resources project means a project for navigation, a project for flood control, a project for hurricane and storm damage reduction, a project for emergency streambank and shore protection, a project for ecosystem restoration and protection, and a water resources project of any other type carried out by the Corps of Engineers. “(b) Independent Peer Review of Projects.—“(1) In general.—Not later than 90 days after the date of enactment of this Act [Dec. 11, 2000], the Secretary [of the Army] shall contract with the Academy to study, and make recommendations relating to, the independent peer review of feasibility reports. “(2) Study elements.—In carrying out a contract under paragraph (1), the Academy shall study the practicality and efficacy of the independent peer review of the feasibility reports, including—“(A) the cost, time requirements, and other considerations relating to the implementation of independent peer review; and “(B) objective criteria that may be used to determine the most effective application of independent peer review to feasibility reports for each type of water resources project. “(3) Academy report.—Not later than 1 year after the date of a contract under paragraph (1), the Academy shall submit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate a report that includes—“(A) the results of the study conducted under paragraphs (1) and (2); and “(B) in light of the results of the study, specific recommendations, if any, on a program for implementing independent peer review of feasibility reports. “(4) Authorization of appropriations.—There is authorized to be appropriated to carry out this subsection $1,000,000, to remain available until expended. “(c) Independent Peer Review of Methods for Project Analysis.—“(1) In general.—Not later than 90 days after the date of enactment of this Act [Dec. 11, 2000], the Secretary [of the Army] shall contract with the Academy to conduct a study that includes—“(A) a review of state-of-the-art methods; “(B) a review of the methods currently used by the Secretary; “(C) a review of a sample of instances in which the Secretary has applied the methods identified under subparagraph (B) in the analysis of each type of water resources project; and “(D) a comparative evaluation of the basis and validity of state-of-the-art methods identified under subparagraph (A) and the methods identified under subparagraphs (B) and (C). “(2) Academy report.—Not later than 1 year after the date of a contract under paragraph (1), the Academy shall transmit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate a report that includes—“(A) the results of the study conducted under paragraph (1); and “(B) in light of the results of the study, specific recommendations for modifying any of the methods currently used by the Secretary for conducting economic and environmental analyses of water resources projects. “(3) Authorization of appropriations.—There is authorized to be appropriated to carry out this subsection $2,000,000. Such sums shall remain available until expended.”
Engineering Consulting ServicesPub. L. 106541, title II, § 219, Dec. 11, 2000, 114 Stat. 2596, provided that: “In conducting a feasibility study for a water resources project, the Secretary [of the Army], to the maximum extent practicable, should not employ a person for engineering and consulting services if the same person is also employed by the non-Federal interest for such services unless there is only 1 qualified and responsive bidder for such services.”
Definitions For definition of “economically disadvantaged community” as used in subsec. (b) of this section, see section 160 of div. AA of Pub. L. 116260, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2282a - Planning
## Text
(a) Omitted
(b) Planning process improvements The Chief of Engineers—
(1) shall adopt a risk analysis approach to project cost estimates for water resources projects; and
(2) not later than one year after November 8, 2007, shall—
(A) issue procedures for risk analysis for cost estimation for water resources projects; and
(B) submit to Congress a report that includes any recommended amendments to section 2280 of this title.
(c) Benchmarks (1) In general Not later than 12 months after November 8, 2007, the Chief of Engineers shall establish benchmarks for determining the length of time it should take to conduct a feasibility study for a water resources project and its associated review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Chief of Engineers shall use such benchmarks as a management tool to make the feasibility study process more efficient in all districts of the Corps of Engineers.
(2) Benchmark goals The Chief of Engineers shall establish, to the extent practicable, under paragraph (1) benchmark goals for completion of feasibility studies for water resources projects generally within 2 years. In the case of feasibility studies that the Chief of Engineers determines may require additional time based on the project type, size, cost, or complexity, the benchmark goal for completion shall be generally within 4 years.
(d) Calculation of benefits and costs for flood damage reduction projects A feasibility study for a project for flood damage reduction shall include, as part of the calculation of benefits and costs—
(1) a calculation of the residual risk of flooding following completion of the proposed project;
(2) a calculation of the residual risk of loss of human life and residual risk to human safety following completion of the proposed project;
(3) a calculation of any upstream or downstream impacts of the proposed project; and
(4) calculations to ensure that the benefits and costs associated with structural and nonstructural alternatives are evaluated in an equitable manner.
(e) Centers of specialized planning expertise (1) Establishment The Secretary may establish centers of expertise to provide specialized planning expertise for water resources projects to be carried out by the Secretary in order to enhance and supplement the capabilities of the districts of the Corps of Engineers.
(2) Duties A center of expertise established under this subsection shall—
(A) provide technical and managerial assistance to district commanders of the Corps of Engineers for project planning, development, and implementation;
(B) provide agency peer reviews of new major scientific, engineering, or economic methods, models, or analyses that will be used to support decisions of the Secretary with respect to feasibility studies for water resources projects;
(C) provide support for independent peer review panels under section 2343 of this title; and
(D) carry out such other duties as are prescribed by the Secretary.
(3) Deep draft navigation planning center of expertise (A) In general The Secretary shall consolidate deep draft navigation expertise within the Corps of Engineers into a deep draft navigation planning center of expertise.
(B) List Not later than 60 days after the date of the consolidation required under subparagraph (A), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a list of the grade levels and expertise of each of the personnel assigned to the center described in subparagraph (A).
(f) Completion of Corps of Engineers reports (1) Alternatives (A) In general Feasibility and other studies and assessments for a water resources project shall include recommendations for alternatives—
(i) that, as determined in coordination with the non-Federal interest for the project, promote integrated water resources management; and
(ii) for which the non-Federal interest is willing to provide the non-Federal share for the studies or assessments.
(B) Constraints The alternatives contained in studies and assessments described in subparagraph (A) shall not be constrained by budgetary or other policy.
(C) Reports of Chief of Engineers The reports of the Chief of Engineers shall identify any recommendation that is not the best technical solution to water resource needs and problems and the reason for the deviation.
(2) Report completion The completion of a report of the Chief of Engineers for a water resources project—
(A) shall not be delayed while consideration is being given to potential changes in policy or priority for project consideration; and
(B) shall be submitted, on completion, to—
(i) the Committee on Environment and Public Works of the Senate; and
(ii) the Committee on Transportation and Infrastructure of the House of Representatives.
(g) Completion review (1) In general Except as provided in paragraph (2), not later than 120 days after the date of completion of a report of the Chief of Engineers that recommends to Congress a water resources project, the Secretary shall—
(A) review the report; and
(B) provide any recommendations of the Secretary regarding the water resources project to Congress.
(2) Prior reports Not later than 180 days after November 8, 2007, with respect to any report of the Chief of Engineers recommending a water resources project that is complete prior to November 8, 2007, the Secretary shall complete review of, and provide recommendations to Congress for, the report in accordance with paragraph (1).
(Pub. L. 110114, title II, § 2033, Nov. 8, 2007, 121 Stat. 1084; Pub. L. 113121, title II, § 2103, June 10, 2014, 128 Stat. 1278.)
## Notes
Editorial Notes
References in TextThe National Environmental Policy Act of 1969, referred to in subsec. (c)(1), is Pub. L. 91190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Codification Section is comprised of section 2033 of Pub. L. 110114. Subsec. (a) of section 2033 of Pub. L. 110114 amended section 2281 of this title. Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Amendments2014—Subsec. (e)(3). Pub. L. 113121 added par. (3).
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2282b - Submission of reports to Congress
## Text
Beginning on January 17, 2014, and hereafter, not later than 120 days after the date of the Chief of Engineers Report on a water resource matter, the Assistant Secretary of the Army (Civil Works) shall submit the report to the appropriate authorizing and appropriating committees of the Congress.
(Pub. L. 11376, div. D, title I, § 104, Jan. 17, 2014, 128 Stat. 157.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2014, and also as part of the Consolidated Appropriations Act, 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
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# 33 U.S.C. § 2282c - Vertical integration and acceleration of studies
## Text
(a) In general To the extent practicable, a feasibility study initiated by the Secretary, after June 10, 2014, under section 2282(a) of this title shall—
(1) result in the completion of a final feasibility report not later than 4 years after the date on which the Secretary determines the Federal interest for purposes of the report pursuant to section 2282(b) of this title;
(2) have a maximum total cost of $5,000,000; and
(3) ensure that personnel from the district, division, and headquarters levels of the Corps of Engineers concurrently conduct the review required under that section.
(b) Extension If the Secretary determines that a feasibility study described in subsection (a) will not be conducted in accordance with subsection (a), the Secretary, not later than 30 days after the date of making the determination, shall—
(1) prepare an updated feasibility study schedule and cost estimate;
(2) notify the non-Federal feasibility cost-sharing partner that the feasibility study has been delayed; and
(3) provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives as to the reasons the requirements of subsection (a) are not attainable.
(c) Exception (1) In general The Secretary may extend the timeline of a study by a period not to exceed 3 years, if the Secretary determines that the feasibility study is too complex to comply with the requirements of subsection (a).
(2) Factors In making a determination that a study is too complex to comply with the requirements of subsection (a), the Secretary shall consider—
(A) the type, size, location, scope, and overall cost of the project;
(B) whether the project will use any innovative design or construction techniques;
(C) whether the project will require significant action by other Federal, State, or local agencies;
(D) whether there is significant public dispute as to the nature or effects of the project; and
(E) whether there is significant public dispute as to the economic or environmental costs or benefits of the project.
(3) Notification Each time the Secretary makes a determination under this subsection, the Secretary shall provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives as to the results of that determination, including an identification of the specific 1 or more factors used in making the determination that the project is complex.
(d) Reviews Not later than 90 days after the date of the initiation of a study described in subsection (a) for a project, the Secretary shall—
(1) take all steps necessary to initiate the process for completing federally mandated reviews that the Secretary is required to complete as part of the study, including the environmental review process under section 1005;
(2) convene a meeting of all Federal, tribal, and State agencies identified under section 2348(e) of this title that may be required by law to conduct or issue a review, analysis, or opinion on or to make a determination concerning a permit or license for the study; and
(3) take all steps necessary to provide information that will enable required reviews and analyses related to the project to be conducted by other agencies in a thorough and timely manner.
(e) Interim report Not later than 18 months after June 10, 2014, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that describes—
(1) the status of the implementation of the planning process under this section, including the number of participating projects;
(2) a review of project delivery schedules, including a description of any delays on those studies participating in the planning process under this section; and
(3) any recommendations for additional authority necessary to support efforts to expedite the feasibility study process for water resource projects.
(f) Final report Not later than 4 years after June 10, 2014, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that describes—
(1) the status of the implementation of this section, including a description of each feasibility study subject to the requirements of this section;
(2) the amount of time taken to complete each feasibility study; and
(3) any recommendations for additional authority necessary to support efforts to expedite the feasibility study process, including an analysis of whether the limitation established by subsection (a)(2) needs to be adjusted to address the impacts of inflation.
(Pub. L. 113121, title I, § 1001, June 10, 2014, 128 Stat. 1196; Pub. L. 115270, title I, § 1330(b), Oct. 23, 2018, 132 Stat. 3827; Pub. L. 116260, div. AA, title III, § 360(c), Dec. 27, 2020, 134 Stat. 2733; Pub. L. 118272, div. A, title I, § 1103(a), Jan. 4, 2025, 138 Stat. 3000.)
## Notes
Editorial Notes
References in TextSection 1005, referred to in subsec. (d)(1), is section 1005 of Pub. L. 113121, which enacted section 2349 of this title and amended generally section 2348 of this title.
Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Amendments2025—Subsec. (a)(1). Pub. L. 118272, § 1103(a)(1), substituted “4 years after the date on which the Secretary determines the Federal interest for purposes of the report pursuant to section 2282(b) of this title” for “3 years after the date of initiation”. Subsec. (a)(2). Pub. L. 118272, § 1103(a)(2), added par. (2) and struck out former par. (2) which read as follows: “have a maximum Federal cost of $3,000,000; and”. 2020—Subsec. (c). Pub. L. 116260, § 360(c)(2), redesignated subsec. (d) as (c) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: “A feasibility study for which the Secretary has issued a determination under subsection (b) is not authorized after the last day of the 1-year period beginning on the date of the determination if the Secretary has not completed the study on or before such last day.” Subsec. (d). Pub. L. 116260, § 360(c)(2), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c). Subsec. (d)(1). Pub. L. 116260, § 360(c)(1)(A), (B), substituted “The Secretary” for “Notwithstanding the requirements of subsection (c), the Secretary” and “subsection (a)” for “subsections (a) and (c)”. Subsec. (d)(2). Pub. L. 116260, § 360(c)(1)(B), substituted “subsection (a)” for “subsections (a) and (c)” in introductory provisions. Subsec. (d)(4). Pub. L. 116260, § 360(c)(1)(C), struck out par. (4). Text read as follows: “The Secretary shall not extend the timeline for a feasibility study for a period of more than 10 years, and any feasibility study that is not completed before that date shall no longer be authorized.”. Subsecs. (e) to (g). Pub. L. 116260, § 360(c)(2), redesignated subsecs. (f) and (g) as (e) and (f), respectively. Former subsec. (e) redesignated (d). 2018—Subsec. (d)(4). Pub. L. 115270 substituted “10 years” for “7 years”.
Statutory Notes and Related Subsidiaries
Savings ClausePub. L. 118272, div. A, title I, § 1103(b), Jan. 4, 2025, 138 Stat. 3000, provided that: “Nothing in the amendments made by subsection (a) [amending this section] shall be construed to affect a feasibility study that was initiated prior to the date of the enactment of this Act [Jan. 4, 2025].”
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2282d1 - Report to Congress on authorized studies and projects
## Text
(a) In general Not later than February 1 of each year, the Secretary shall develop and submit to Congress an annual report, to be entitled “Report to Congress on Authorized Water Resources Development Projects and Studies”, that identifies—
(1) ongoing or new feasibility studies, authorized within the previous 20 years, for which a Report of the Chief of Engineers has not been issued;
(2) authorized feasibility studies for projects in the preconstruction, engineering and design phase;
(3) ongoing or new water resources development projects authorized for construction within the previous 20 years; and
(4) authorized and constructed water resources development projects the Secretary has the responsibility to operate or maintain.
(b) Contents (1) Inclusions (A) Criteria The Secretary shall include in each report submitted under this section only a feasibility study or water resources development project—
(i) that has been authorized by Congress to be carried out by the Secretary and does not require any additional congressional authorization to be carried out;
(ii) that the Secretary has the capability to carry out if funds are appropriated for such study or project under any of the “Investigations”, “Construction”, “Operation and Maintenance”, or “Mississippi River and Tributaries” appropriations accounts for the Corps of Engineers; and
(iii) for which a non-Federal interest—
(I) in the case of a study or a project other than a project for which funds may be appropriated for operation and maintenance, has entered into a feasibility cost-sharing agreement, design agreement, or project partnership agreement with the Corps of Engineers, or has informed the Secretary that the non-Federal interest has the financial capability to enter into such an agreement within 1 year; and
(II) demonstrates the legal and financial capability to satisfy the requirements for local cooperation with respect to the study or project.
(B) Description of benefits (i) Description The Secretary shall, to the maximum extent practicable, describe in each report submitted under this section the benefits, as described in clause (ii), of each feasibility study and water resources development project included in the report.
(ii) Benefits The benefits referred to in clause (i) are benefits to—
(I) the protection of human life and property;
(II) improvement to transportation;
(III) the national, regional, or local economy;
(IV) the environment; or
(V) the national security interests of the United States.
(2) Transparency The Secretary shall include in each report submitted under this section, for each feasibility study and water resources development project included in the report—
(A) the name of the associated non-Federal interest, including the name of any non-Federal interest that has contributed, or is expected to contribute, a non-Federal share of the cost of the study or project;
(B) the purpose of the study or project;
(C) an estimate, to the extent practicable, of the Federal, non-Federal, and total costs of the study or project, including, to the extent practicable, the fully funded capability of the Corps of Engineers for—
(i) the 3 fiscal years following the fiscal year in which the report is submitted, in the case of a feasibility study; and
(ii) the 5 fiscal years following the fiscal year in which the report is submitted, in the case of a water resources development project; and
(D) an estimate, to the extent practicable, of the monetary and nonmonetary benefits of the study or project.
(3) Certification The Secretary shall include in each report submitted under this section a certification stating that each feasibility study or water resources development project included in the report meets the criteria described in paragraph (1)(A).
(4) Omissions (A) Limitation The Secretary shall not omit from a report submitted under this section a study or project that otherwise meets the criteria for inclusion in the report solely on the basis of a policy of the Secretary.
(B) Appendix If the Secretary omits from a report submitted under this section a study or project that otherwise meets the criteria for inclusion in the report, the Secretary shall include with the report an appendix that lists the name of the study or project and reason for its omission.
(c) Submission to Congress; publication (1) Submission to Congress The Secretary may submit a report under this section in conjunction with the submission of the annual report under section 2282d of this title.
(2) Publication On submission of each report under this section, the Secretary shall make the report publicly available, including through publication on the internet.
(d) Definitions In this section:
(1) Non-Federal interest The term “non-Federal interest” has the meaning given that term in section 1962d5b of title 42.
(2) Water resources development project The term “water resources development project” includes a separable element of a project, a project under an environmental infrastructure assistance program, and a project the authorized purposes of which include water supply.
(Pub. L. 116260, div. AA, title II, § 222, Dec. 27, 2020, 134 Stat. 2694.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116260, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2282d - Annual report to Congress
## Text
(a) In general Not later than February 1 of each year, the Secretary shall develop and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual report, to be entitled “Report to Congress on Future Water Resources Development”, that identifies the following:
(1) Feasibility reports Each feasibility report that meets the criteria established in subsection (c)(1)(A).
(2) Proposed feasibility studies Any proposed feasibility study submitted to the Secretary by a non-Federal interest pursuant to subsection (b) that meets the criteria established in subsection (c)(1)(A).
(3) Proposed modifications Any proposed modification to an authorized water resources development project or feasibility study that meets the criteria established in subsection (c)(1)(A) that—
(A) is submitted to the Secretary by a non-Federal interest pursuant to subsection (b); or
(B) is identified by the Secretary for authorization.
(4) Programmatic modifications Any programmatic modification for an environmental infrastructure assistance program.
(b) Requests for proposals (1) Publication Not later than May 1 of each year, the Secretary shall publish in the Federal Register a notice requesting proposals from non-Federal interests for proposed feasibility studies, proposed modifications to authorized water resources development projects and feasibility studies, and proposed modifications for an environmental infrastructure program to be included in the annual report.
(2) Deadline for requests The Secretary shall include in each notice required by this subsection a requirement that non-Federal interests submit to the Secretary any proposals described in paragraph (1) by not later than 120 days after the date of publication of the notice in the Federal Register in order for the proposals to be considered for inclusion in the annual report.
(3) Notification On the date of publication of each notice required by this subsection, the Secretary shall—
(A) make the notice publicly available, including on the Internet; and
(B) provide written notification of the publication to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(c) Contents (1) Feasibility reports, proposed feasibility studies, and proposed modifications (A) Criteria for inclusion in report The Secretary shall include in the annual report only those feasibility reports, proposed feasibility studies, and proposed modifications to authorized water resources development projects and feasibility studies that—
(i) are related to the missions and authorities of the Corps of Engineers;
(ii) require specific congressional authorization, including by an Act of Congress;
(iii) have not been congressionally authorized;
(iv) have not been included in any previous annual report; and
(v) if authorized, could be carried out by the Corps of Engineers.
(B) Description of benefits (i) Description The Secretary shall describe in the annual report, to the extent applicable and practicable, for each proposed feasibility study and proposed modification to an authorized water resources development project or feasibility study included in the annual report, the benefits, as described in clause (ii), of each such study or proposed modification (including the water resources development project that is the subject of the proposed feasibility study or the proposed modification to an authorized feasibility study).
(ii) Benefits The benefits (or expected benefits, in the case of a proposed feasibility study) described in this clause are benefits to—
(I) the protection of human life and property;
(II) improvement to transportation;
(III) the national, regional, or local economy;
(IV) the environment; or
(V) the national security interests of the United States.
(C) Identification of other factors The Secretary shall identify in the annual report, to the extent practicable—
(i) for each proposed feasibility study included in the annual report, the non-Federal interest that submitted the proposed feasibility study pursuant to subsection (b); and
(ii) for each proposed feasibility study and proposed modification to an authorized water resources development project or feasibility study included in the annual report, whether the non-Federal interest has demonstrated—
(I) that local support exists for the proposed feasibility study or proposed modification to an authorized water resources development project or feasibility study (including the water resources development project that is the subject of the proposed feasibility study or the proposed modification to an authorized feasibility study); and
(II) the financial ability to provide the required non-Federal cost share.
(D) Modifications of projects carried out pursuant to continuing authority programs (i) In general With respect to a project being carried out pursuant to a continuing authority program for which a proposed modification is necessary because the project is projected to exceed, in the coming fiscal year, the maximum Federal cost of the project, the Secretary shall include a proposed modification in the annual report if the proposed modification will result in completion of construction the 11 So in original. Probably should be preceded by “of”. project and the justification for the modification is not the result of a change in the scope of the project.
(ii) Inclusion For each proposed modification included in an annual report under clause (i), the Secretary shall include in the annual report—
(I) a justification of why the modification is necessary;
(II) an estimate of the total cost and timeline required to complete construction of the project; and
(III) an indication of continued support by the non-Federal interest and the financial ability of the non-Federal interest to provide the required cost-share.
(iii) Definition For the purposes of this subparagraph, the term “continuing authority program” means any of—
(I) section 701r of this title;
(II) section 426g of this title;
(III) section 577 of this title;
(IV) section 426i of this title;
(V) section 2326 of this title;
(VI) section 701s of this title;
(VII) section 2330 of this title;
(VIII) section 701g of this title;
(IX) section 2309a of this title; and
(X) section 2289b of this title.
(2) Transparency The Secretary shall include in the annual report, for each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study included under paragraph (1)(A)—
(A) the name of the associated non-Federal interest, including the name of any non-Federal interest that has contributed, or is expected to contribute, a non-Federal share of the cost of—
(i) the feasibility report;
(ii) the proposed feasibility study;
(iii) the authorized feasibility study for which the modification is proposed; or
(iv) construction of—
(I) the water resources development project that is the subject of—
(aa) the feasibility report;
(bb) the proposed feasibility study; or
(cc) the authorized feasibility study for which a modification is proposed; or
(II) the proposed modification to an authorized water resources development project;
(B) a letter or statement of support for the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study from each associated non-Federal interest;
(C) the purpose of the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study;
(D) an estimate, to the extent practicable, of the Federal, non-Federal, and total costs of—
(i) the proposed modification to an authorized feasibility study; and
(ii) construction of—
(I) the water resources development project that is the subject of—
(aa) the feasibility report; or
(bb) the authorized feasibility study for which a modification is proposed, with respect to the change in costs resulting from such modification; or
(II) the proposed modification to an authorized water resources development project; and
(E) an estimate, to the extent practicable, of the monetary and nonmonetary benefits of—
(i) the water resources development project that is the subject of—
(I) the feasibility report; or
(II) the authorized feasibility study for which a modification is proposed, with respect to the benefits of such modification; or
(ii) the proposed modification to an authorized water resources development project.
(3) Certification The Secretary shall include in the annual report a certification stating that each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study included in the annual report meets the criteria established in paragraph (1)(A).
(4) Appendix (A) In general The Secretary shall include in the annual report an appendix listing the proposals submitted under subsection (b) that were not included in the annual report under paragraph (1)(A) and a description of why the Secretary determined that those proposals did not meet the criteria for inclusion under such paragraph.
(B) Limitation In carrying out the activities described in this section—
(i) the Secretary shall not include proposals in the appendix of the annual report that otherwise meet the criteria for inclusion in the annual report solely on the basis of the Secretarys determination that the proposal requires legislative changes to an authorized water resources development project, feasibility study, or environmental infrastructure program;
(ii) the Secretary shall not include proposals in the appendix of the annual report that otherwise meet the criteria for inclusion in the annual report solely on the basis that the proposals are for the purposes of navigation, flood risk management, ecosystem restoration, or municipal or agricultural water supply; and
(iii) the Secretary shall not include proposals in the appendix of the annual report that otherwise meet the criteria for inclusion in the annual report solely on the basis of a policy of the Secretary.
(d) Programmatic modifications in annual report The Secretary shall include in the annual report only proposed modifications for an environmental infrastructure assistance program that have not been included in any previous annual report. For each proposed modification, the Secretary shall include a letter or statement of support for the proposed modification from each associated non-Federal interest, description of assistance provided, and total Federal cost of assistance provided.
(e) Special rule for initial annual report Notwithstanding any other deadlines required by this section, the Secretary shall—
(1) not later than 60 days after June 10, 2014, publish in the Federal Register a notice required by subsection (b)(1); and
(2) include in such notice a requirement that non-Federal interests submit to the Secretary any proposals described in subsection (b)(1) by not later than 120 days after the date of publication of such notice in the Federal Register in order for such proposals to be considered for inclusion in the first annual report developed by the Secretary under this section.
(f) Publication Upon submission of an annual report to Congress, the Secretary shall make the annual report publicly available, including through publication on the Internet.
(g) Non-Federal interest notification After the publication of the annual report under subsection (f), if the proposal of a non-Federal interest submitted under subsection (b) was included by the Secretary in the appendix under subsection (c)(4), the Secretary shall provide written notification to the non-Federal interest of such inclusion.
(h) Congressional notification Not later than 30 days after the publication of the annual report under subsection (f), for each proposal included in that annual report or appendix, the Secretary shall notify each Member of Congress that represents the State in which that proposal will be located that the proposal was included the annual report or the appendix.
(i) Definitions In this section:
(1) Annual report The term “annual report” means a report required by subsection (a).
(2) Feasibility report (A) In general The term “feasibility report” means a final feasibility report developed under section 2282 of this title.
(B) Inclusions The term “feasibility report” includes—
(i) a report described in section 2215(d)(2) of this title; and
(ii) where applicable, any associated report of the Chief of Engineers.
(3) Feasibility study The term “feasibility study” has the meaning given that term in section 2215 of this title.
(4) Non-Federal interest The term “non-Federal interest” has the meaning given that term in section 1962d5b of title 42.
(5) Water resources development project The term “water resources development project” includes a project under an environmental infrastructure assistance program.
(Pub. L. 113121, title VII, § 7001, June 10, 2014, 128 Stat. 1360; Pub. L. 114322, title I, § 1157(b), Dec. 16, 2016, 130 Stat. 1666; Pub. L. 115270, title I, § 1332(a), Oct. 23, 2018, 132 Stat. 3834; Pub. L. 116260, div. AA, title I, § 127(a), Dec. 27, 2020, 134 Stat. 2640; Pub. L. 118272, div. A, title I, § 1111, Jan. 4, 2025, 138 Stat. 3010.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Amendments2025—Subsec. (c)(1)(D)(iii)(X). Pub. L. 118272, § 1111(1), added subcl. (X). Subsecs. (g) to (i). Pub. L. 118272, § 1111(2), (3), added subsecs. (g) and (h) and redesignated former subsec. (g) as (i). 2020—Subsec. (c)(1)(B)(ii)(III). Pub. L. 116260, § 127(a)(1)(A)(i), inserted “, regional, or local” after “national”. Subsec. (c)(1)(D). Pub. L. 116260, § 127(a)(1)(A)(ii), added subpar. (D). Subsec. (c)(4)(B)(ii), (iii). Pub. L. 116260, § 127(a)(1)(B), added cl. (ii) and redesignated former cl. (ii) as (iii). Subsec. (g)(5). Pub. L. 116260, § 127(a)(2), struck out “if authorized before December 16, 2016” before period at end. 2018—Subsec. (a)(4). Pub. L. 115270, § 1332(a)(1), added par. (4). Subsec. (b)(1). Pub. L. 115270, § 1332(a)(2), substituted “studies, proposed modifications to authorized water resources development projects and feasibility studies, and proposed modifications for an environmental infrastructure program” for “studies and proposed modifications to authorized water resources development projects and feasibility studies”. Subsec. (c)(4). Pub. L. 115270, § 1332(a)(5), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: “The Secretary shall include in the annual report an appendix listing the proposals submitted under subsection (b) that were not included in the annual report under paragraph (1)(A) and a description of why the Secretary determined that those proposals did not meet the criteria for inclusion under such paragraph.” Subsecs. (d) to (g). Pub. L. 115270, § 1332(a)(3), (4), added subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), respectively. 2016—Subsec. (f)(5). Pub. L. 114322 added par. (5).
Statutory Notes and Related Subsidiaries
Over-Budget Cap ProgramsPub. L. 116260, div. AA, title I, § 127(b), Dec. 27, 2020, 134 Stat. 2642, provided that: “For any project carried out under a continuing authority program, as such term is defined in section 7001(c)(1)(D) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d[(c)(1)(D)])), [sic] for which the Secretary [of the Army] is required to include a proposed modification in an annual report under such section 7001(c)(1)(D), the Secretary shall, to the extent practicable, inform the non-Federal interest of the process for carrying out the project pursuant to section 105 of the Water Resources Development Act of 1986 (33 U.S.C. 2215) and whether the Secretary has the authority to complete a feasibility study for the project.”
Annual Report on Status of Feasibility StudiesPub. L. 116260, div. AA, title I, § 127(c), Dec. 27, 2020, 134 Stat. 2642, provided that: “Concurrent with each report submitted under section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d), the Secretary [of the Army] shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that provides for an accounting of all outstanding feasibility studies being conducted by the Secretary, including, for each such study, its length, cost, and expected completion date.”
Dissemination of InformationPub. L. 115270, title I, § 1104, Oct. 23, 2018, 132 Stat. 3771, as amended by Pub. L. 116260, div. AA, title II, § 229, Dec. 27, 2020, 134 Stat. 2698, provided that: “(a) Findings.—Congress finds the following:“(1) Congress plays a central role in identifying, prioritizing, and authorizing vital water resources infrastructure activities throughout the United States. “(2) The Water Resources Reform and Development Act of 2014 (Public Law 113121) established a new and transparent process to review and prioritize the water resources development activities of the Corps of Engineers with strong congressional oversight. “(3) Section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) requires the Secretary [of the Army] to develop and submit to Congress each year a Report to Congress on Future Water Resources Development and, as part of the annual report process, to—“(A) publish a notice in the Federal Register that requests from non-Federal interests proposed feasibility studies and proposed modifications to authorized water resources development projects and feasibility studies for inclusion in the report; and “(B) review the proposals submitted and include in the report those proposed feasibility studies and proposed modifications that meet the criteria for inclusion established under such section 7001. “(4) Congress will use the information provided in the annual Report to Congress on Future Water Resources Development to determine authorization needs and priorities for purposes of water resources development legislation. “(5) To ensure that Congress can gain a thorough understanding of the water resources development needs and priorities of the United States, it is important that the Secretary take sufficient steps to ensure that non-Federal interests are made aware of the new annual report process, including the need for non-Federal interests to submit proposals during the Secretarys annual request for proposals in order for such proposals to be eligible for consideration by Congress. “(b) Dissemination of Process Information.—“(1) In general.—The Secretary shall develop, support, and implement education and awareness efforts for non-Federal interests with respect to the annual Report to Congress on Future Water Resources Development required under section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d), including efforts to—“(A) develop and disseminate technical assistance materials, seminars, and guidance on the annual process as it relates to non-Federal interests; “(B) provide written notice to local elected officials and previous and potential non-Federal interests on the annual process and on opportunities to address local water resources challenges through the missions and authorities of the Corps of Engineers; “(C) issue guidance for non-Federal interests to assist such interests in developing proposals for water resources development projects that satisfy the requirements of such section 7001; and “(D) provide, at the request of a non-Federal interest, assistance with researching and identifying existing project authorizations and Corps of Engineers decision documents. “(2) Annual reporting.—Not less frequently than annually, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written update on the progress of the implementation of paragraph (1), including a description of each education and outreach action the Secretary is taking to implement that paragraph. “(3) Guidance; compliance.—The Secretary shall—“(A) issue guidance on the uniform implementation by each district of the Corps of Engineers of the process for submitting proposals under section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d); and “(B) each year, ensure compliance with the guidance issued under subparagraph (A).”
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2282e - Post-authorization change reports
## Text
(a) In general The completion of a post-authorization change report prepared by the Corps of Engineers for a water resources development project—
(1) may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration; and
(2) shall be submitted, upon completion, to—
(A) the Committee on Environment and Public Works of the Senate; and
(B) the Committee on Transportation and Infrastructure of the House of Representatives.
(b) Completion review With respect to a post-authorization change report subject to review by the Secretary, the Secretary shall, not later than 120 days after the date of completion of such report—
(1) review the report; and
(2) provide to Congress any recommendations of the Secretary regarding modification of the applicable water resources development project.
(c) Prior reports Not later than 120 days after December 16, 2016, with respect to any post-authorization change report that was completed prior to December 16, 2016, and is subject to a review by the Secretary that has yet to be completed, the Secretary shall complete review of, and provide recommendations to Congress with respect to, the report.
(d) Post-authorization change report inclusions In this section, the term “post-authorization change report” includes—
(1) a general reevaluation report;
(2) a limited reevaluation report; and
(3) any other report that recommends the modification of an authorized water resources development project.
(Pub. L. 114322, title I, § 1132, Dec. 16, 2016, 130 Stat. 1653.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water Infrastructure Improvements for the Nation Act, also known as the WIIN Act, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114322, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2282f - Review of resiliency assessments
## Text
(a) Resiliency assessment (1) In general Not later than 180 days after December 27, 2020, and in conjunction with the development of procedures under section 19624 of title 42, the Secretary is directed to review, and where appropriate, revise the existing planning guidance documents and regulations of the Corps of Engineers on the assessment of the effects of sea level rise or inland flooding on future water resources development projects to ensure that such guidance documents and regulations are based on the best available, peer-reviewed science and data on the current and future effects of sea level rise or inland flooding on relevant communities.
(2) Coordination In carrying out this subsection, the Secretary shall—
(A) coordinate the review with the Engineer Research and Development Center, other Federal and State agencies, and other relevant entities; and
(B) to the maximum extent practicable and where appropriate, utilize data provided to the Secretary by such agencies.
(b) Assessment of benefits from addressing sea level rise and inland flooding resiliency in feasibility reports (1) In general Upon the request of a non-Federal interest, in carrying out a feasibility study for a project for flood risk mitigation, hurricane and storm damage risk reduction, or ecosystem restoration under section 2282 of this title, the Secretary shall consider whether the need for the project is predicated upon or exacerbated by conditions related to sea level rise or inland flooding.
(2) Addressing sea level rise and inland flooding resiliency benefits To the maximum extent practicable, in carrying out a study pursuant to paragraph (1), the Secretary shall document the potential effects of sea level rise or inland flooding on the project, and the expected benefits of the project relating to sea level rise or inland flooding, during the 50-year period after the date of completion of the project.
(Pub. L. 116260, div. AA, title I, § 113, Dec. 27, 2020, 134 Stat. 2626.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116260, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2282g - Scope of feasibility studies
## Text
(a) Flood risk management or hurricane and storm damage risk reduction In carrying out a feasibility study for a project for flood risk management or hurricane and storm damage risk reduction, the Secretary, at the request of the non-Federal interest for the study, shall formulate alternatives to maximize the net benefits from the reduction of the comprehensive flood risk within the geographic scope of the study from the isolated and compound effects of—
(1) a riverine discharge of any magnitude or frequency;
(2) inundation, wave attack, and erosion coinciding with a hurricane or coastal storm;
(3) flooding associated with tidally influenced portions of rivers, bays, and estuaries that are hydrologically connected to the coastal water body;
(4) a rainfall event of any magnitude or frequency;
(5) a tide of any magnitude or frequency;
(6) seasonal variation in water levels;
(7) groundwater emergence;
(8) sea level rise;
(9) subsidence; or
(10) any other driver of flood risk affecting the area within the geographic scope of the study.
(b) Water supply, water conservation, and drought risk reduction In carrying out a feasibility study for any purpose, the Secretary, at the request of the non-Federal interest for the study, shall formulate alternatives—
(1) to maximize combined net benefits for the primary purpose of the study and for the purposes of water supply or water conservation (including the use of water supply conservation measures described in section 1116 of the Water Resources Development Act of 2016 (130 Stat. 1639)); or
(2) to include 1 or more measures for the purposes of water supply or water conservation if the Secretary determines that such measures may reduce potential adverse impacts of extreme weather events, including drought, on water resources within the geographic scope of the study.
(c) Cost sharing All costs to carry out a feasibility study in accordance with this section shall be shared in accordance with the cost share requirements otherwise applicable to the study.
(Pub. L. 117263, div. H, title LXXXI, § 8106, Dec. 23, 2022, 136 Stat. 3699.)
## Notes
Editorial Notes
References in TextSection 1116 of the Water Resources Development Act of 2016, referred to in subsec. (b)(1), is section 1116 of Pub. L. 114322, title I, Dec. 16, 2016, 130 Stat. 1639, which is not classified to the Code.
Codification Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 8002 of Pub. L. 117263, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2282h - Economic, hydraulic, and hydrologic modeling
## Text
(a) Model development The Secretary, in collaboration with other Federal and State agencies, National Laboratories, and nonprofit research institutions (including institutions of higher education and centers and laboratories focused on economics or water resources), shall develop, update, and maintain economic, hydraulic, and hydrologic models, including models for compound flooding, for use in the planning, design formulation, modification, and operation of water resources development projects and water resources planning.
(b) Coordination and use of models and data In carrying out subsection (a), to the extent practicable, the Secretary shall—
(1) work with the non-Federal interest for a water resources development project to identify existing relevant economic, hydraulic, and hydrologic models and data;
(2) utilize, where appropriate, economic, hydraulic, and hydrologic models and data provided to the Secretary by the agencies, laboratories, and institutions described in subsection (a); and
(3) upon written request by a non-Federal interest for a project, provide to the non-Federal interest draft or working economic, hydraulic, and hydrologic models, and any data generated by such models with respect to the project, not later than 30 days after receiving such request; and
(4) in accordance with section 2342 of this title, make final economic, hydraulic, and hydrologic models, and any data generated by such models, available to the public, as quickly as practicable, but not later than 30 days after receiving a written request for such models or data.
(c) Limitation Nothing in this section may be construed to compel or authorize the disclosure of data or other information determined by the Secretary to be confidential information, privileged information, law enforcement information, national security information, infrastructure security information, personal information, or information the disclosure of which is otherwise prohibited by law.
(d) Model outputs To the extent practicable and appropriate, the Secretary shall incorporate data generated by models developed under this section into the formulation of feasibility studies for, and the operation of, water resources development projects.
(e) Funding The Secretary is authorized, to the extent and in the amounts provided in advance in appropriations Acts, to transfer to other Federal and State agencies, National Laboratories, and nonprofit research institutions, including institutions of higher education, such funds as may be necessary to carry out subsection (a) from amounts available to the Secretary.
(f) In-kind contribution credit A partnership agreement entered into under section 1962d5b of title 42 may provide, at the request of the non-Federal interest for the applicable project, that the Secretary credit toward the non-Federal share of the cost of the project the value of economic, hydraulic, and hydrologic models required for the project that are developed by the non-Federal interest in accordance with any policies and guidelines applicable to the relevant partnership agreement pursuant to such section.
(g) Review The Secretary shall review economic, hydraulic, and hydrologic models developed under this section in the same manner as any such models developed under any other authority of the Secretary.
(h) Definitions In this section:
(1) Compound flooding The term “compound flooding” means a flooding event in which two or more flood drivers, such as coastal storm surge-driven flooding and inland rainfall-driven flooding, occur simultaneously or in close succession and the potential adverse effects of the combined flood drivers may be greater than that of the individual flood driver components.
(2) Economic The term “economic”, as used in reference to models, means relating to the evaluation of benefits and cost attributable to a project for an economic justification under section 19622 of title 42.
(Pub. L. 118272, div. A, title I, § 1131, Jan. 4, 2025, 138 Stat. 3020.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Development Act of 2024, and also as part of the Thomas R. Carper Water Resources Development Act of 2024, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 1002 of div. A of Pub. L. 118272, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2283 - Fish and wildlife mitigation
## Text
(a) Steps to be taken prior to or concurrently with construction (1) In the case of any water resources project which is authorized to be constructed by the Secretary before, on, or after November 17, 1986, construction of which has not commenced as of November 17, 1986, and which necessitates the mitigation of fish and wildlife losses, including the acquisition of lands or interests in lands to mitigate losses to fish and wildlife, as a result of such project, such mitigation, including acquisition of the lands or interests—
(A) shall be undertaken or acquired before any construction of the project (other than such acquisition) commences, or
(B) shall be undertaken or acquired concurrently with lands and interests in lands for project purposes (other than mitigation of fish and wildlife losses),
whichever the Secretary determines is appropriate, except that any physical construction required for the purposes of mitigation may be undertaken concurrently with the physical construction of such project.
(2) For the purposes of this subsection, any project authorized before November 17, 1986, on which more than 50 percent of the land needed for the project, exclusive of mitigation lands, has been acquired shall be deemed to have commenced construction under this subsection.
(b) Acquisition of lands or interests in lands for mitigation (1) After consultation with appropriate Federal and non-Federal agencies, the Secretary is authorized to mitigate damages to fish and wildlife resulting from any water resources project under his jurisdiction, whether completed, under construction, or to be constructed. Such mitigation may include the acquisition of lands, or interests therein, except that—
(A) acquisition under this paragraph shall not be by condemnation in the case of projects completed as of November 17, 1986, or on which at least 10 percent of the physical construction on the project has been completed as of November 17, 1986; and
(B) acquisition of water, or interests therein, under this paragraph, shall not be by condemnation.
The Secretary, shall, under the terms of this paragraph, obligate no more than $30,000,000 in any fiscal year. With respect to any water resources project, the authority under this subsection shall not apply to measures that cost more than $7,500,000 or 10 percent of the cost of the project, whichever is greater.
(2) Whenever, after his review, the Secretary determines that such mitigation features under this subsection are likely to require condemnation under subparagraph (A) or (B) of paragraph (1) of this subsection, the Secretary shall transmit to Congress a report on such proposed modification, together with his recommendations.
(c) Allocation of mitigation costs Costs incurred after November 17, 1986, including lands, easements, rights-of-way, and relocations, for implementation and operation, maintenance, and rehabilitation to mitigate damages to fish and wildlife shall be allocated among authorized project purposes in accordance with applicable cost allocation procedures, and shall be subject to cost sharing or reimbursement to the same extent as such other project costs are shared or reimbursed, except that when such costs are covered by contracts entered into prior to November 17, 1986, such costs shall not be recovered without the consent of the non-Federal interests or until such contracts are complied with or renegotiated.
(d) Mitigation plans as part of project proposals (1) In general After November 17, 1986, the Secretary shall not submit any proposal for the authorization of any water resources project to Congress in any report, and shall not select a project alternative in any report, unless such report contains (A) a recommendation with a specific plan to mitigate for damages to ecological resources, including terrestrial and aquatic resources, and fish and wildlife losses created by such project, or (B) a determination by the Secretary that such project will have negligible adverse impact on ecological resources and fish and wildlife without the implementation of mitigation measures. Specific mitigation plans shall ensure that impacts to bottomland hardwood forests are mitigated in-kind, and other habitat types are mitigated to not less than in-kind conditions, to the extent possible. If the Secretary determines that mitigation to in-kind conditions is not possible, the Secretary shall identify in the report the basis for that determination and the mitigation measures that will be implemented to meet the requirements of this section and the goals of section 2317(a)(1) of this title. In carrying out this subsection, the Secretary shall consult with appropriate Federal and non-Federal agencies.
(2) Selection and design of mitigation projects The Secretary shall select and design mitigation projects using a watershed approach to reflect contemporary understanding of the science of mitigating the adverse environmental impacts of water resources projects.
(3) Mitigation requirements (A) In general To mitigate losses to flood damage reduction capabilities and fish and wildlife resulting from a water resources project, the Secretary shall ensure that the mitigation plan for each water resources project complies with, at a minimum, the mitigation standards and policies established pursuant to the regulatory programs administered by the Secretary.
(B) Inclusions A specific mitigation plan for a water resources project under paragraph (1) shall include, at a minimum—
(i) a plan for monitoring the implementation and ecological success of each mitigation measure, including the cost and duration of any monitoring, and, to the extent practicable, a designation of the entities that will be responsible for the monitoring;
(ii) the criteria for ecological success by which the mitigation will be evaluated and determined to be successful based on replacement of lost functions and values of the habitat, including hydrologic and vegetative characteristics;
(iii) for projects where mitigation will be carried out by the Secretary—
(I) a description of the land and interest in land to be acquired for the mitigation plan;
(II) the basis for a determination that the land and interests are available for acquisition; and
(III) a determination that the proposed interest sought does not exceed the minimum interest in land necessary to meet the mitigation requirements for the project;
(iv) for projects where mitigation will be carried out through a third party mitigation arrangement in accordance with subsection (i)—
(I) a description of the third party mitigation instrument to be used; and
(II) the basis for a determination that the mitigation instrument can meet the mitigation requirements for the project;
(v) a description of—
(I) the types and amount of restoration activities to be conducted;
(II) the physical action to be undertaken to achieve the mitigation objectives within the watershed in which such losses occur and, in any case in which the mitigation will occur outside the watershed, a detailed explanation for undertaking the mitigation outside the watershed; and
(III) the functions and values that will result from the mitigation plan; and
(vi) a contingency plan for taking corrective actions in cases in which monitoring demonstrates that mitigation measures are not achieving ecological success in accordance with criteria under clause (ii).
(C) Responsibility for monitoring In any case in which it is not practicable to identify in a mitigation plan for a water resources project the entity responsible for monitoring at the time of a final report of the Chief of Engineers or other final decision document for the project, such entity shall be identified in the partnership agreement entered into with the non-Federal interest under section 1962d5b of title 42.
(4) Determination of success (A) In general A mitigation plan under this subsection shall be considered to be successful at the time at which the criteria under paragraph (3)(B)(ii) are achieved under the plan, as determined by monitoring under paragraph (3)(B)(i).
(B) Consultation In determining whether a mitigation plan is successful under subparagraph (A), the Secretary shall consult annually with appropriate Federal agencies and each State in which the applicable project is located on at least the following:
(i) The ecological success of the mitigation as of the date on which the report is submitted.
(ii) The likelihood that the mitigation will achieve ecological success, as defined in the mitigation plan.
(iii) The projected timeline for achieving that success.
(iv) Any recommendations for improving the likelihood of success.
(5) Monitoring Mitigation monitoring shall continue until it has been demonstrated that the mitigation has met the ecological success criteria.
(e) First enhancement costs as Federal costs In those cases when the Secretary, as part of any report to Congress, recommends activities to enhance fish and wildlife resources, the first costs of such enhancement shall be a Federal cost when—
(1) such enhancement provides benefits that are determined to be national, including benefits to species that are identified by the National Marine Fisheries Service as of national economic importance, species that are subject to treaties or international convention to which the United States is a party, and anadromous fish;
(2) such enhancement is designed to benefit species that have been listed as threatened or endangered by the Secretary of the Interior under the terms of the Endangered Species Act, as amended (16 U.S.C. 1531, et seq.), or
(3) such activities are located on lands managed as a national wildlife refuge.
When benefits of enhancement do not qualify under the preceding sentence, 25 percent of such first costs of enhancement shall be provided by non-Federal interests under a schedule of reimbursement determined by the Secretary. Not more than 80 percent of the non-Federal share of such first costs may be satisfied through in-kind contributions, including facilities, supplies, and services that are necessary to carry out the enhancement project. The non-Federal share of operation, maintenance, and rehabilitation of activities to enhance fish and wildlife resources shall be 25 percent.
(f) National benefits from enhancement measures for Atchafalaya Floodway System and Mississippi Delta Region projects Fish and wildlife enhancement measures carried out as part of the project for Atchafalaya Floodway System, Louisiana, authorized by Public Law 9988, and the project for Mississippi Delta Region, Louisiana, authorized by the Flood Control Act of 1965, shall be considered to provide benefits that are national for purposes of this section.
(g) Fish and Wildlife Coordination Act supplementation The provisions of subsections (a), (b), and (d) shall be deemed to supplement the responsibility and authority of the Secretary pursuant to the Fish and Wildlife Coordination Act [16 U.S.C. 661 et seq.], and nothing in this section is intended to affect that Act.
(h) Programmatic mitigation plans (1) In general The Secretary may develop programmatic mitigation plans to address the potential impacts to ecological resources, fish, and wildlife associated with existing or future Federal water resources development projects.
(2) Use of mitigation plans The Secretary shall, to the maximum extent practicable, use programmatic mitigation plans developed in accordance with this subsection to guide the development of a mitigation plan under subsection (d).
(3) Non-Federal plans The Secretary shall, to the maximum extent practicable and subject to all conditions of this subsection, use programmatic environmental plans developed by a State, a body politic of the State, which derives its powers from a State constitution, a government entity created by State legislation, or a local government, that meet the requirements of this subsection to address the potential environmental impacts of existing or future water resources development projects.
(4) Scope A programmatic mitigation plan developed by the Secretary or an entity described in paragraph (3) to address potential impacts of existing or future water resources development projects shall, to the maximum extent practicable—
(A) be developed on a regional, ecosystem, watershed, or statewide scale;
(B) include specific goals for aquatic resource and fish and wildlife habitat restoration, establishment, enhancement, or preservation;
(C) identify priority areas for aquatic resource and fish and wildlife habitat protection or restoration;
(D) include measures to protect or restore habitat connectivity;
(E) encompass multiple environmental resources within a defined geographical area or focus on a specific resource, such as aquatic resources or wildlife habitat; and
(F) address impacts from all projects in a defined geographical area or focus on a specific type of project.
(5) Consultation The scope of the plan shall be determined by the Secretary or an entity described in paragraph (3), as appropriate, in consultation with the agency with jurisdiction over the resources being addressed in the environmental mitigation plan.
(6) Contents A programmatic environmental mitigation plan may include—
(A) an assessment of the condition of environmental resources in the geographical area covered by the plan, including an assessment of recent trends and any potential threats to those resources;
(B) an assessment of potential opportunities to improve the overall quality of environmental resources in the geographical area covered by the plan through strategic mitigation for impacts of water resources development projects;
(C) standard measures for mitigating certain types of impacts, including impacts to habitat connectivity;
(D) parameters for determining appropriate mitigation for certain types of impacts, such as mitigation ratios or criteria for determining appropriate mitigation sites;
(E) adaptive management procedures, such as protocols that involve monitoring predicted impacts over time and adjusting mitigation measures in response to information gathered through the monitoring;
(F) acknowledgment of specific statutory or regulatory requirements that must be satisfied when determining appropriate mitigation for certain types of resources; and
(G) any offsetting benefits of self-mitigating projects, such as ecosystem or resource restoration and protection.
(7) Process Before adopting a programmatic environmental mitigation plan for use under this subsection, the Secretary shall—
(A) for a plan developed by the Secretary—
(i) make a draft of the plan available for review and comment by applicable environmental resource agencies and the public; and
(ii) consider any comments received from those agencies and the public on the draft plan; and
(B) for a plan developed under paragraph (3), determine, not later than 180 days after receiving the plan, whether the plan meets the requirements of paragraphs (4) through (6) and was made available for public comment.
(8) Integration with other plans A programmatic environmental mitigation plan may be integrated with other plans, including watershed plans, ecosystem plans, species recovery plans, growth management plans, and land use plans.
(9) Consideration in project development and permitting If a programmatic environmental mitigation plan has been developed under this subsection, any Federal agency responsible for environmental reviews, permits, or approvals for a water resources development project may use the recommendations in that programmatic environmental mitigation plan when carrying out the responsibilities of the agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(10) Preservation of existing authorities Nothing in this subsection limits the use of programmatic approaches to reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(11) Effect Nothing in this subsection—
(A) requires the Secretary to undertake additional mitigation for existing projects for which mitigation has already been initiated, including the addition of fish passage to an existing water resources development project; or
(B) affects the mitigation responsibilities of the Secretary under any other provision of law.
(i) Third-party mitigation arrangements (1) Eligible activities In accordance with all applicable Federal laws (including regulations), mitigation efforts carried out under this section may include—
(A) participation in mitigation banking or other third-party mitigation arrangements, such as—
(i) the purchase of credits from commercial or State, regional, or local agency-sponsored mitigation banks; and
(ii) the purchase of credits from in-lieu fee mitigation programs; and
(B) contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetlands if the Secretary determines that the contributions will ensure that the mitigation requirements of this section and the goals of section 2317(a)(1) of this title will be met.
(2) Inclusion of other activities The banks, programs, and efforts described in paragraph (1) include any banks, programs, and efforts developed in accordance with applicable law (including regulations).
(3) Terms and conditions In carrying out natural habitat and wetlands mitigation efforts under this section, contributions to the mitigation effort may—
(A) take place concurrent with, or in advance of, the commitment of funding to a project; and
(B) occur in advance of project construction only if the efforts are consistent with all applicable requirements of Federal law (including regulations) and water resources development planning processes.
(4) Preference At the request of the non-Federal project sponsor, preference may be given, to the maximum extent practicable, to mitigating an environmental impact through the use of a mitigation bank, in-lieu fee, or other third-party mitigation arrangement, if the use of credits from the mitigation bank or in-lieu fee, or the other third-party mitigation arrangement for the project has been approved by the applicable Federal agency.
(j) Use of funds (1) In general The Secretary, with the consent of the applicable non-Federal interest, may use funds made available for preconstruction engineering and design after authorization of project construction to satisfy mitigation requirements through third-party arrangements or to acquire interests in land necessary for meeting mitigation requirements under this section.
(2) Notification Prior to the expenditure of any funds for a project pursuant to paragraph (1), the Secretary shall notify the Committee on Appropriations and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Appropriations and the Committee on Environment and Public Works of the Senate.
(k) Measures The Secretary shall consult with interested members of the public, the Director of the United States Fish and Wildlife Service, the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration, States, including State fish and game departments, and interested local governments to identify standard measures under subsection (h)(6)(C) that reflect the best available scientific information for evaluating habitat connectivity.
(Pub. L. 99662, title IX, § 906, Nov. 17, 1986, 100 Stat. 4186; Pub. L. 102580, title III, § 333(a), Oct. 31, 1992, 106 Stat. 4852; Pub. L. 10653, title II, § 221, Aug. 17, 1999, 113 Stat. 295; Pub. L. 106541, title II, § 224(a), Dec. 11, 2000, 114 Stat. 2597; Pub. L. 110114, title II, § 2036(a), Nov. 8, 2007, 121 Stat. 1092; Pub. L. 113121, title I, § 1040(a), June 10, 2014, 128 Stat. 1239; Pub. L. 114322, title I, § 1162, Dec. 16, 2016, 130 Stat. 1668.)
## Notes
Editorial Notes
References in TextThe Endangered Species Act, as amended, referred to in subsec. (e)(2), probably means the Endangered Species Act of 1973, Pub. L. 93205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables. Public Law 9988, referred to in subsec. (f), is Pub. L. 9988, Aug. 15, 1985, 99 Stat. 293, known as the Supplemental Appropriations Act, 1985. Provisions of Pub. L. 9988 authorizing the project for the Atchafalaya Floodway System, Louisiana, are not classified to the Code. For complete classification of this Act to the Code, see Tables. The Flood Control Act of 1965, referred to in subsec. (f), is title II of Pub. L. 89298, Oct. 27, 1965, 79 Stat. 1073. Provisions of that Act authorizing the project for Mississippi Delta Region, Louisiana, are not classified to the Code. For complete classification of this Act to the Code, see Tables. The Fish and Wildlife Coordination Act, referred to in subsec. (g), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c1 of Title 16, Conservation. For complete classification of this Act to the Code, see section 661(a) of Title 16, Short Title note set out under section 661 of Title 16, and Tables. The National Environmental Policy Act of 1969, referred to in subsec. (h)(9), (10), is Pub. L. 91190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Amendments2016—Subsec. (h)(4)(D) to (F). Pub. L. 114322, § 1162(1)(A), added subpar. (D) and redesignated former subpars. (D) and (E) as (E) and (F), respectively. Subsec. (h)(6)(C). Pub. L. 114322, § 1162(1)(B), substituted “impacts, including impacts to habitat connectivity” for “impacts”. Subsec. (h)(11). Pub. L. 114322, § 1162(1)(C), added par. (11) and struck out former par. (11). Prior to amendment, text read as follows: “Nothing in this subsection requires the Secretary to undertake additional mitigation for existing projects for which mitigation has already been initiated.” Subsecs. (j), (k). Pub. L. 114322, § 1162(2), added subsecs. (j) and (k). 2014—Subsec. (d)(1). Pub. L. 113121, § 1040(a)(1)(A), inserted “for damages to ecological resources, including terrestrial and aquatic resources, and” after “mitigate”, “ecological resources and” after “impact on”, “without the implementation of mitigation measures” before period at end of first sentence, and “If the Secretary determines that mitigation to in-kind conditions is not possible, the Secretary shall identify in the report the basis for that determination and the mitigation measures that will be implemented to meet the requirements of this section and the goals of section 2317(a)(1) of this title.” after “to the extent possible.” Subsec. (d)(2). Pub. L. 113121, § 1040(a)(1)(B)(iii), which directed insertion of “using a watershed approach” after “projects” was executed by making the insertion after “projects” the first place appearing to reflect the probable intent of Congress. Pub. L. 113121, § 1040(a)(1)(B)(i), (ii), substituted “Selection and design” for “Design” in heading and inserted “select and” before “design” in text. Subsec. (d)(3)(A). Pub. L. 113121, § 1040(a)(1)(C)(i), inserted “, at a minimum,” after “complies with”. Subsec. (d)(3)(B)(iii) to (vi). Pub. L. 113121, § 1040(a)(1)(C)(ii), added cls. (iii) and (iv), redesignated former cls. (iv) and (v) as (v) and (vi), respectively, and struck out former cl. (iii) which read as follows: “a description of the land and interests in land to be acquired for the mitigation plan and the basis for a determination that the land and interests are available for acquisition;”. Subsecs. (h), (i). Pub. L. 113121, § 1040(a)(2), added subsecs. (h) and (i). 2007—Subsec. (d)(1). Pub. L. 110114, § 2036(a)(1), (2), substituted “to Congress in any report, and shall not select a project alternative in any report,” for “to the Congress” and inserted “, and other habitat types are mitigated to not less than in-kind conditions” after “mitigated in-kind”. Subsec. (d)(3) to (5). Pub. L. 110114, § 2036(a)(3), added pars. (3) to (5). 2000—Subsec. (d). Pub. L. 106541 inserted subsec. heading, designated existing provisions as par. (1), inserted par. heading, realigned margins, substituted “November 17, 1986” for “the date of enactment of this Act”, redesignated former cls. (1) and (2) as (A) and (B), respectively, and added par. (2). 1999—Subsec. (e). Pub. L. 10653 inserted after second sentence “Not more than 80 percent of the non-Federal share of such first costs may be satisfied through in-kind contributions, including facilities, supplies, and services that are necessary to carry out the enhancement project.” 1992—Subsec. (c). Pub. L. 102580 inserted “, including lands, easements, rights-of-way, and relocations,” before “for implementation and operation”.
Statutory Notes and Related Subsidiaries
ApplicabilityPub. L. 113121, title I, § 1040(b), June 10, 2014, 128 Stat. 1243, provided that: “The amendments made by subsection (a) [amending this section] shall not apply to a project for which a mitigation plan has been completed as of the date of enactment of this Act [June 10, 2014].”
Concurrent MitigationPub. L. 106541, title II, § 224(b), Dec. 11, 2000, 114 Stat. 2598, required the Comptroller General to conduct an investigation of the effectiveness of the concurrent mitigation requirements of this section and to transmit to Congress a report on the results of the investigation not later than 1 year after Dec. 11, 2000.
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# 33 U.S.C. § 2283a - Status report
## Text
(1) In general Concurrent with the Presidents submission to Congress of the Presidents request for appropriations for the Civil Works Program for a fiscal year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the status of construction of projects that require mitigation under section 2283 of this title, the status of such mitigation, and the results of the consultation under subsection (d)(4)(B) of such section.
(2) Projects included The status report shall include the status of—
(A) all projects that are under construction as of the date of the report;
(B) all projects for which the President requests funding for the next fiscal year; and
(C) all projects that have undergone or completed construction, but have not completed the mitigation required under section 2283 of this title.
(3) Information included In reporting the status of all projects included in the report, the Secretary shall—
(A) use a uniform methodology for determining the status of all projects included in the report;
(B) use a methodology that describes both a qualitative and quantitative status for all projects in the report; and
(C) provide specific dates for participation in the consultations required under section 2283(d)(4)(B) of this title.
(4) Availability of information The Secretary shall make information contained in the status report available to the public, including on the Internet.
(Pub. L. 110114, title II, § 2036(b), Nov. 8, 2007, 121 Stat. 1094; Pub. L. 113121, title I, § 1041, June 10, 2014, 128 Stat. 1243.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Amendments2014—Pars. (3), (4). Pub. L. 113121 added par. (3) and redesignated former par. (3) as (4).
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2283b - Clarification of mitigation authority
## Text
(a) In general The Secretary may carry out measures to improve fish species habitat within the boundaries and downstream of a water resources project constructed by the Secretary that includes a fish hatchery if the Secretary—
(1) has been explicitly authorized to compensate for fish losses associated with the project; and
(2) determines that the measures are—
(A) feasible;
(B) consistent with authorized project purposes and the fish hatchery; and
(C) in the public interest.
(b) Cost sharing (1) In general Subject to paragraph (2), the non-Federal interest shall contribute 35 percent of the total cost of carrying out activities under this section, including the costs relating to the provision or acquisition of required land, easements, rights-of-way, dredged material disposal areas, and relocations.
(2) Operation and maintenance The non-Federal interest shall contribute 100 percent of the costs of operation, maintenance, replacement, repair, and rehabilitation of the measures carried out under this section.
(Pub. L. 113121, title I, § 1028, June 10, 2014, 128 Stat. 1230.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2283c - Technical assistance
## Text
(1) In general The Secretary may provide technical assistance to States and local governments to establish third-party mitigation instruments, including mitigation banks and in-lieu fee programs, that will help to target mitigation payments to high-priority ecosystem restoration actions.
(2) Requirements In providing technical assistance under this section, the Secretary shall give priority to States and local governments that have developed State, regional, or watershed-based plans identifying priority restoration actions.
(3) Mitigation instruments The Secretary shall seek to ensure any technical assistance provided under this section will support the establishment of mitigation instruments that will result in restoration of high-priority areas identified in the plans under paragraph (2).
(Pub. L. 113121, title I, § 1040(c), June 10, 2014, 128 Stat. 1243.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121, set out as a note under section 2201 of this title.
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title_name: "NAVIGATION AND NAVIGABLE WATERS"
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citation: "33 U.S.C. § 2284"
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# 33 U.S.C. § 2284 - Benefits and costs attributable to environmental measures
## Text
In the evaluation by the Secretary of benefits and costs of a water resources project, the benefits attributable to measures included in a project for the purpose of environmental quality, including improvement of the environment and fish and wildlife enhancement, shall be deemed to be at least equal to the costs of such measures.
(Pub. L. 99662, title IX, § 907, Nov. 17, 1986, 100 Stat. 4188.)
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---
# 33 U.S.C. § 2284a - Benefits to navigation
## Text
In evaluating potential improvements to navigation and the maintenance of navigation projects, the Secretary shall consider, and include for purposes of project justification, economic benefits generated by cruise ships as commercial navigation benefits.
(Pub. L. 104303, title II, § 230, Oct. 12, 1996, 110 Stat. 3704.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Development Act of 1996, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 104303, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2284b - Scenic and aesthetic considerations
## Text
In conducting studies of potential water resources projects, the Secretary shall consider measures to preserve and enhance scenic and aesthetic qualities in the vicinity of such projects.
(Pub. L. 104303, title II, § 232, Oct. 12, 1996, 110 Stat. 3704.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Development Act of 1996, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 104303, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2285 - Environmental Protection and Mitigation Fund
## Text
There is established an Environmental Protection and Mitigation Fund. There is authorized to be appropriated to such fund $35,000,000 for fiscal years beginning after September 30, 1986. Amounts in the fund 11 So in original. Probably should be capitalized. shall be available for undertaking, in advance of construction of any water resources project authorized to be constructed by the Secretary, such measures authorized as part of such project, including the acquisition of lands and interests therein, as may be necessary to ensure that project-induced losses to fish and wildlife production and habitat will be mitigated. The Secretary shall reimburse the Fund for any amounts expended under this section for a water resources project from the first appropriations made for construction, including planning and designing, of such project.
(Pub. L. 99662, title IX, § 908, Nov. 17, 1986, 100 Stat. 4188.)
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# 33 U.S.C. § 2286 - Acceptance of certain funds for mitigation
## Text
The Secretary is authorized to accept funds from any entity, public or private, in accordance with the Pacific Northwest Electric Power Planning and Conservation Act [16 U.S.C. 839 et seq.] to be used to protect, mitigate, and enhance fish and wildlife in connection with projects constructed or operated by the Secretary. The Secretary may accept and use funds for such purposes without regard to any limitation established under any other provision of law or rule of law.
(Pub. L. 99662, title XI, § 1146, Nov. 17, 1986, 100 Stat. 4253.)
## Notes
Editorial Notes
References in TextThe Pacific Northwest Electric Power Planning and Conservation Act, referred to in text, is Pub. L. 96501, Dec. 5, 1980, 94 Stat. 2697, which is classified principally to chapter 12H (§ 839 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 839 of Title 16 and Tables.
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# 33 U.S.C. § 2287 - Continued planning and investigations
## Text
(a) Pre-authorization planning and engineering After the Chief of Engineers transmits his recommendations for a water resources development project to the Secretary for transmittal to the Congress, as authorized in section 7011 of this title, and before authorization for construction of such project, the Chief of Engineers is authorized to undertake continued planning and engineering (other than preparation of plans and specifications) for such project if the Chief of Engineers finds that the project is without substantial controversy and justifies further engineering, economic, and environmental investigations and the Chief of Engineers transmits to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate a statement of such findings. In the one-year period after authorization for construction of such project, the Chief of Engineers is authorized to undertake planning, engineering, and design for such project.
(b) Omitted
(c) Authorizations as additions to other authorizations The authorization made by this section shall be in addition to any other authorizations for planning, engineering, and design of water resources development projects and shall not be construed as a limitation on any other such authorization.
(Pub. L. 99662, title IX, § 910, Nov. 17, 1986, 100 Stat. 4189.)
## Notes
Editorial Notes
Codification Subsec. (b) of this section, which required the Secretary to prepare and transmit an annual report to certain committees of Congress on activities undertaken under this section, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 72 of House Document No. 1037.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 10414, set out as a note preceding section 21 of Title 2, The Congress.
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# 33 U.S.C. § 2288 - Repealed. Pub. L. 113121, title I, § 1004, June 10, 2014, 128 Stat. 1199
## Notes
Section, Pub. L. 99662, title IX, § 911, Nov. 17, 1986, 100 Stat. 4189, related to review of cost effectiveness of design.
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# 33 U.S.C. § 2289 - Urban and rural flood control frequency
## Text
In the preparation of feasibility reports for projects for flood damage prevention in urban and rural areas, the Secretary may consider and evaluate measures to reduce or eliminate damages from flooding without regard to frequency of flooding, drainage area, and amount of runoff. This section shall apply with respect to any project, or separable element thereof, the Federal share of the cost of which is less than $3,000,000.
(Pub. L. 99662, title IX, § 914, Nov. 17, 1986, 100 Stat. 4190.)
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# 33 U.S.C. § 2289a - Consideration of measures
## Text
(a) Definitions In this section, the following definitions apply:
(1) Natural feature The term “natural feature” means a feature that is created through the action of physical, geological, biological, and chemical processes over time.
(2) Nature-based feature The term “nature-based feature” means a feature that is created by human design, engineering, and construction to provide risk reduction by acting in concert with natural processes.
(b) Requirement In studying the feasibility of projects for flood risk management, hurricane and storm damage reduction, and ecosystem restoration the Secretary shall, with the consent of the non-Federal sponsor of the feasibility study, consider, as appropriate—
(1) natural features;
(2) nature-based features;
(3) nonstructural measures; and
(4) structural measures.
(c) Report to Congress (1) In general Not later than February 1, 2020, and 5 and 10 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the implementation of subsection (b).
(2) Contents The report under paragraph (1) shall include, at a minimum, the following:
(A) A description of guidance or instructions issued, and other measures taken, by the Secretary and the Chief of Engineers to implement subsection (b).
(B) An assessment of the costs, benefits, impacts, and trade-offs associated with measures recommended by the Secretary for coastal risk reduction and the effectiveness of those measures.
(C) A description of any statutory, fiscal, or regulatory barriers to the appropriate consideration and use of a full array of measures for coastal risk reduction.
(Pub. L. 114322, title I, § 1184, Dec. 16, 2016, 130 Stat. 1679; Pub. L. 115270, title I, § 1149(b), Oct. 23, 2018, 132 Stat. 3787.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water Infrastructure Improvements for the Nation Act, also known as the WIIN Act, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Amendments2018—Subsec. (a)(2). Pub. L. 115270 struck out “in coastal areas” after “risk reduction”.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114322, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2289b - Stormwater management projects
## Text
(a) In general The Secretary shall establish a program to carry out studies and projects to control, retain, and reuse stormwater associated with flood control efforts, in partnership with non-Federal interests.
(b) Requirements (1) Prioritization In carrying out this section, the Secretary shall prioritize studies and projects that improve urban flood control efforts, including through the management of stormwater that flows at a rate of less than 800 cubic feet per second for the 10-percent flood.
(2) Use of natural and nature-based features In carrying out a project under this section, the Secretary shall, to the maximum extent practicable, seek to incorporate natural features and nature-based features (as those terms are defined in section 2289a(a) of this title).
(3) Consideration In carrying out a project under this section, the Secretary shall, where appropriate, maximize the use of features for the reclamation, recycling, and reuse of flood water and stormwater associated with the project.
(4) Items provided by non-Federal interest (A) In general The non-Federal interest for a project carried out under this section shall provide all land, easements, rights-of-way, and relocations necessary for the project.
(B) Credit The value of the land, easements, rights-of-way, and relocations provided under subparagraph (A) shall be credited toward the non-Federal share of the cost of the project.
(5) Agreements Construction of a project under this section shall be initiated only after a non-Federal interest has entered into a binding agreement with the Secretary to pay—
(A) the non-Federal share of the costs of construction required under this section; and
(B) 100 percent of any operation, maintenance, replacement, and rehabilitation costs associated with the project, in accordance with regulations prescribed by the Secretary.
(c) Cost-share (1) Study Subject to paragraph (3), the Federal share of the cost of a study carried out under this section shall be 50 percent, except that the first $100,000 of the cost of the study shall be at Federal expense.
(2) Construction Subject to paragraph (3), the non-Federal share of the cost of a project carried out under this section shall be 35 percent.
(3) Limitation The total Federal amount expended for a study or project under this section shall be not more than $10,000,000.
(d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each fiscal year.
(Pub. L. 118272, div. A, title I, § 1108, Jan. 4, 2025, 138 Stat. 3006.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Development Act of 2024, and also as part of the Thomas R. Carper Water Resources Development Act of 2024, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 1002 of div. A of Pub. L. 118272, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2290 - Flood control in Trust Territory of the Pacific Islands
## Text
The Secretary is authorized to use the authority contained in section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), section 2 of the Flood Control Act of August 28, 1937 (33 U.S.C. 701g), section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r), section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), section 3 of the Act entitled “An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property”, approved August 13, 1946 (33 U.S.C. 426g), and section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) in the Trust Territory of the Pacific Islands.
(Pub. L. 99662, title IX, § 915(h), Nov. 17, 1986, 100 Stat. 4191.)
## Notes
Executive Documents
Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
@@ -0,0 +1,43 @@
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# 33 U.S.C. § 2291 - Federal Project Repayment District
## Text
(a) The Secretary may enter into a contract providing for the payment or recovery of an appropriate share of the costs of a project under his responsibility with a Federal Project Repayment District or other political subdivision of a State prior to the construction, operation, improvement, or financing of such project. The Federal Project Repayment District shall include lands and improvements which receive identifiable benefits from the construction or operation of such project. Such districts shall be established in accordance with State law, shall have specific boundaries which may be changed from time to time based upon further evaluations of benefits, and shall have the power to recover benefits through any cost-recovery approach that is consistent with State law and satisfies the applicable cost-recovery requirement under subsection (b).
(b) Prior to execution of an agreement pursuant to subsection (a) of this section, the Secretary shall require and approve a study from the State or political subdivision demonstrating that the revenues to be derived from a contract under this section, or an agreement with a Federal Project Repayment District, will be sufficient to equal or exceed the cost recovery requirements over the term of repayment required by Federal law.
(Pub. L. 99662, title IX, § 916, Nov. 17, 1986, 100 Stat. 4191; Pub. L. 100676, § 15, Nov. 17, 1988, 102 Stat. 4026.)
## Notes
Editorial Notes
Amendments1988—Subsec. (a). Pub. L. 100676 substituted “have the power to recover benefits through any cost-recovery approach that is consistent with State law and satisfies the applicable cost-recovery requirement under subsection (b)” for “include the power to collect a portion of the transfer price from any transaction involving the sale, transfer, or change in beneficial ownership of lands and improvements within the district boundaries”.
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# 33 U.S.C. § 2292 - Surveying and mapping
## Text
Any surveying or mapping services to be performed in connection with a water resources project which is or has been authorized to be undertaken by the Secretary shall be procured in accordance with title IX of the Federal Property and Administrative Services Act of 1949.11 See References in Text note below.
(Pub. L. 99662, title IX, § 918, Nov. 17, 1986, 100 Stat. 4192.)
## Notes
Editorial Notes
References in TextThe Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377. Title IX of the Act, which was classified generally to subchapter VI (§ 541 et seq.) of chapter 10 of former Title 40, Public Buildings, Property, and Works, was repealed and reenacted by Pub. L. 107217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapter 11 (§ 1101 et seq.) of Title 40, Public Buildings, Property, and Works. For disposition of sections of former Title 40 to revised Title 40, see Table preceding section 101 of Title 40. For complete classification of this Act to the Code, see Tables.
Statutory Notes and Related Subsidiaries
Geomatic DataPub. L. 115270, title I, § 1118, Oct. 23, 2018, 132 Stat. 3776, provided that: “(a) In General.—The Secretary [of the Army] shall develop guidance for the acceptance and use of information obtained from a non-Federal interest through geomatic techniques, including remote sensing and land surveying, cartography, geographic information systems, global navigation satellite systems, photogrammetry, or other remote means, in carrying out any authority of the Secretary. “(b) Considerations.—In carrying out this section, the Secretary shall ensure that use of information described in subsection (a) meets the data quality and operational requirements of the Secretary. “(c) Savings Clause.—Nothing in this section—“(1) requires the Secretary to accept information that the Secretary determines does not meet the guidance developed under this section; or “(2) changes the current statutory or regulatory requirements of the Corps of Engineers.”
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# 33 U.S.C. § 2292a - National coastal mapping program
## Text
(a) In general The Secretary is authorized to carry out a national coastal mapping program to provide recurring national coastal mapping along the coasts of the United States to support Corps of Engineers navigation, flood risk management, environmental restoration, and emergency operations missions.
(b) Scope In carrying out the program under subsection (a), the Secretary—
(1) shall disseminate coastal mapping data and new or advanced geospatial information and remote sensing tools for coastal mapping derived from the analysis of such data to the Corps of Engineers, other Federal agencies, States, and other stakeholders;
(2) shall implement coastal surveying based on findings of the national coastal mapping study carried out under section 8110 of the Water Resources Development Act of 2022 (136 Stat. 3702);
(3) shall conduct research and development on bathymetric liDAR and ancillary technologies necessary to advance coastal mapping capabilities in order to exploit data with increased efficiently and greater accuracy;
(4) with respect to any region affected by a hurricane rated category 3 or higher, shall—
(A) conduct coastal mapping of such region;
(B) determine volume changes at Federal projects in such region;
(C) quantify damage to navigation infrastructure in such region;
(D) assess environmental impacts to such region, measure any coastal impacts; and
(E) make any data gathered under this paragraph publicly available not later than 2 weeks after the acquisition of such data;
(5) at the request of another Federal entity or a State or local government entity, may provide subject matter expertise, mapping services, and technology evolution assistance;
(6) may enter into an agreement with another Federal agency or a State agency to accept funds from such agency to expand the coverage of the program to efficiently meet the needs of such agency;
(7) shall coordinate with representatives of the Naval Meteorology and Oceanography Command, the National Oceanic and Atmospheric Administration, United States Geological Survey, and any other representative of a Federal agency that the Secretary determines necessary, to support any relevant Federal, State, or local agency through participation in working groups, committees, and organizations;
(8) may maintain the panel of senior leaders established under section 8110(e) of the Water Resources Development Act of 2022; and
(9) may convene an annual coastal mapping community of practice meeting to discuss and identify technical topics and challenges to inform such panel in carrying out the duties of such panel.
(c) Authorization of appropriations There is authorized to be appropriated to carry out this section for each fiscal year $15,000,000, to remain available until expended.
(Pub. L. 118272, div. A, title I, § 1123, Jan. 4, 2025, 138 Stat. 3015.)
## Notes
Editorial Notes
References in TextSection 8110 of the Water Resources Development Act of 2022, referred to in subsec. (b)(2), (8), is section 8110 of title LXXXI of div. H of Pub. L. 117263, Dec. 23, 2022, 136 Stat. 3702, which is not classified to the Code.
Codification Section was enacted as part of the Water Resources Development Act of 2024, and also as part of the Thomas R. Carper Water Resources Development Act of 2024, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 1002 of div. A of Pub. L. 118272, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2293 - Reprogramming during national emergencies
## Text
(a) Termination or deferment of civil works projects; application of resources to national defense projects In the event of a declaration of war or a declaration by the President of a national emergency in accordance with the National Emergencies Act [50 U.S.C. 1601 et seq.] that requires or may require use of the Armed Forces, the Secretary, without regard to any other provision of law, may (1) terminate or defer the construction, operation, maintenance, or repair of any Department of the Army civil works project that he deems not essential to the national defense, and (2) apply the resources of the Department of the Armys civil works program, including funds, personnel, and equipment, to construct or assist in the construction, operation, maintenance, and repair of authorized civil works, military construction, and civil defense projects that are essential to the national defense.
(b) Termination of state of war or national emer­gency The Secretary shall immediately notify the appropriate committees of Congress of any actions taken pursuant to the authorities provided by this section, and cease to exercise such authorities not later than 180 calendar days after the termination of the state of war or national emergency, whichever occurs later.
(Pub. L. 99662, title IX, § 923, Nov. 17, 1986, 100 Stat. 4194.)
## Notes
Editorial Notes
References in TextThe National Emergencies Act, referred to in subsec. (a), is Pub. L. 94412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables.
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# 33 U.S.C. § 2293a - Reprogramming of funds for projects by Corps of Engineers
## Text
None of the funds made available before, on, or after June 15, 2006, in an appropriations Act may be expended to prevent or limit any reprogramming of funds for a project to be carried out by the Corps of Engineers using funds appropriated in any Act making appropriations for energy and water development, based on whether the project was included by the President in the budget transmitted under section 1105(a) of title 31 or is otherwise proposed by the President or considered part of the budget by the Office of Management and Budget, if the project received funds in an Act making appropriations for energy and water development or any other appropriations Act making additional funds available for energy and water development.
(Pub. L. 109234, title II, § 2307, June 15, 2006, 120 Stat. 457.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
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# 33 U.S.C. § 2294 - Office of Environmental Policy
## Text
The Secretary shall establish in the Directorate of Civil Works of the Office of the Chief of Engineers an Office of Environmental Policy. Such Office shall be responsible for the formulation, coordination, and implementation of all matters concerning environmental quality and policy as they relate to the water resources program of the United States Army Corps of Engineers. Such Office shall, among other things, develop, and monitor compliance with, guidelines for the consideration of environmental quality in formulation and planning of water resources projects carried out by the Secretary, the preparation and coordination of environmental impact statements for such projects, and the coordination with Federal, State, and local agencies of environmental aspects of such projects and regulatory responsibilities of the Secretary.
(Pub. L. 99662, title IX, § 924, Nov. 17, 1986, 100 Stat. 4194.)
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# 33 U.S.C. § 2295 - Compilation of laws; annual reports
## Text
(a) Federal laws relating to improvements of rivers and harbors, flood control, beach erosion, and other water resources development Within one year after November 17, 1986, the laws of the United States relating to the improvement of rivers and harbors, flood control, beach erosion, and other water resources development enacted after November 8, 1966, and before January 1, 1987, shall be compiled under the direction of the Secretary and the Chief of Engineers and printed for the use of the Department of the Army, the Congress, and the general public. The Secretary shall reprint the volumes containing such laws enacted before November 8, 1966. In addition, the Secretary shall include an index in each volume so compiled or reprinted. The Secretary shall transmit copies of each such volume to Congress.
(b) Annual report The Secretary shall prepare and submit the annual report required by section 556 of this title, in two volumes. Volume I shall consist of a summary and highlights of Corps of Engineers activities, authorities, and accomplishments. Volume II shall consist of detailed information and field reports on Corps of Engineers activities. The Secretary shall publish an index with each annual report.
(c) Biennial reports for each State The Secretary shall prepare biennially for public information a report for each State containing a description of each water resources project under the jurisdiction of the Secretary in such State and the status of each such project. Each report shall include an index. The report for each State shall be prepared in a separate volume. The reports under this subsection shall be published at the same time and the first such reports shall be published not later than one year after November 17, 1986.
(Pub. L. 99662, title IX, § 925, Nov. 17, 1986, 100 Stat. 4194.)
## Notes
Statutory Notes and Related Subsidiaries
Compilation of LawsPub. L. 110114, title II, § 2004, Nov. 8, 2007, 121 Stat. 1071, provided that: “(a) Compilation of Laws Enacted After November 8, 1966.—The Secretary [of the Army] and the Chief of Engineers shall prepare a compilation of the laws of the United States relating to the improvement of rivers and harbors, flood damage reduction, beach and shoreline erosion, hurricane and storm damage reduction, ecosystem and environmental restoration, and other water resources development enacted after November 8, 1966, and before January 1, 2008, and have such compilation printed for the use of the Department of the Army, Congress, and the general public. “(b) Reprint of Laws Enacted Before November 8, 1966.—The Secretary shall have the volumes containing the laws referred to in subsection (a) enacted before November 8, 1966, reprinted. “(c) Index.—The Secretary shall include an index in each volume compiled, and each volume reprinted, pursuant to this section. “(d) Congressional Copies.—Not later than April 1, 2008, the Secretary shall transmit at least 25 copies of each volume compiled, and of each volume reprinted, pursuant to this section to each of the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. “(e) Availability.—The Secretary [of the Army] shall ensure that each volume compiled, and each volume reprinted, pursuant to this section are available through electronic means, including on the Internet.”
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# 33 U.S.C. § 2295a - Policy and technical standards
## Text
Every 5 years, the Secretary shall revise, rescind, or certify as current, as applicable, each policy and technical standards publication for the civil works programs of the Corps of Engineers, including each engineer regulation, engineer circular, engineer manual, engineer pamphlet, engineer technical letter, planning guidance letter, policy guidance letter, planning bulletin, and engineering and construction bulletin.
(Pub. L. 117263, div. H, title LXXXI, § 8140, Dec. 23, 2022, 136 Stat. 3723.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 8002 of Pub. L. 117263, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 2296 - Acquisition of recreation lands
## Text
(a) In the case of any water resources project which is authorized to be constructed by the Secretary before, on, or after November 17, 1986, construction of which has not commenced before November 17, 1986, and which involves the acquisition of lands or interests in lands for recreation purposes, such lands or interests shall be acquired along with the acquisition of lands and interests in lands for other project purposes.
(b) The Secretary is authorized to acquire real property by condemnation, purchase, donation, exchange, or otherwise, as a part of any water resources development project for use for public park and recreation purposes, including but not limited to, real property not contiguous to the principal part of the project.
(Pub. L. 99662, title IX, § 926, Nov. 17, 1986, 100 Stat. 4195.)

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