§2213 Flood control and other purposes

Summary

Require local or state partners to pay set shares and provide land for water projects. For flood control projects that are not nonstructural, the non-Federal partner must pay 5% of the flood-control cost during construction, give all needed land, rights-of-way, dredged material disposal areas, and do any relocations, and cover the flood-control part of any shared land costs. If those things add up to less than 35% of the flood-control cost, the partner must pay more during construction so the total equals 35%. The partner’s share cannot be more than 50%. If the partner’s required contribution is more than 30% of the flood-control cost, the extra amount may be paid to the federal government over 15 years after project completion with interest set under the law, but the 5% up front still must be paid during construction. For projects using nonstructural or nature-based features, the non-Federal share is 35%. The partner must still provide lands and relocations but may not have to pay cash during construction if land and relocation costs alone exceed 35%. If, during construction, land and partner contributions are expected to exceed 35%, the federal share will cover the excess up to 65% of total project costs. Other cost shares: hydroelectric power 100%, municipal and industrial water 100%, agricultural water 35%, recreation 50% of separable costs, hurricane and storm damage reduction 35%, aquatic plant control 50% of operations, and environmental protection and restoration 35%. Beach erosion and water-quality costs follow these purpose shares. Costs that benefit private shores or prevent private land loss are paid by non-Federal interests; costs to protect federally owned shores are paid by the United States. For periodic beach nourishment on projects authorized after December 31, 1999 (unless a District Engineer’s report was already done), non-Federal shares rise to 40% after January 1, 2001; 45% after January 1, 2002; and 50% after January 1, 2003. Apply these rules to projects that start construction after April 30, 1986, with a few named exceptions. A “separable element” is a physically separate part of a project that has its own effects or benefits. Some specified projects had a three-year delay in required payments starting November 17, 1986. Before work begins on a covered project (except hydroelectric), non-Federal partners must sign binding agreements to pay 100% of operation, maintenance, replacement, and rehabilitation costs, to pay their construction share, and to protect the United States from damages except for U.S. fault. Agreements must include an estimate of future operation and maintenance costs. If a partner fails to provide required funds, the Secretary can stop or suspend work or change the partner’s project rights. Partners may pay without interest during construction or choose repayment with interest over up to 30 years after completion; interest rates are recalculated every five years. The Secretary can renegotiate certain deferred-payment deals, credit partner costs that fix design or construction problems toward their share, and accept large early payments under special terms (including possible credit by providing fish and wildlife mitigation if conditions are met). A partner may delay the first payment up to one year after construction starts (with short interest charges), and the Secretary may grant one one-year waiver of interest accrual if it will help the partner pay and the partner is in good standing. Cost-sharing deals for many project types must consider the partner’s ability to pay, using local income, per-capita project cost, financial capacity, whether the community is economically disadvantaged, and other factors. The Secretary must create procedures for partners to ask for a reduced share and must report yearly to Congress on those requests and decisions. The Secretary may not ask partners for more than the required non-Federal share or make federal help conditional on extra contributions.