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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 33 U.S.C. § 2289b Stormwater management projects us united_states_code code_section 33 NAVIGATION AND NAVIGABLE WATERS 36 WATER RESOURCES DEVELOPMENT 2289b 33 U.S.C. § 2289b current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip /us/usc/t33/s2289b data/legal/raw/us/code/title-33/usc33.xml 45beefb44a73f397ad975767b7fcc65a612e854667562dfdc595dc8a809c31b0 de3d130b31eae77f8c0fc593f61b7287899297718d678d500eea123559828523 ae025ec17f9e45331c8c6a189078e63451148d7cee71b0170ec15b848249b353 2026-07-04 official
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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.