§2214 General credit for flood control

Summary

The Secretary must write and publish rules within one year after November 17, 1986, telling how to treat flood control work done by local or private groups. The rules must say how to decide if that work fits with a federal flood-control project, explain the steps to make that decision, and be published in the Federal Register with a chance for public comment. Under those rules, the Secretary must count the costs and benefits of compatible non‑federal work when evaluating a federal project, but only for work done after a date that is 5 years before the first money was obligated for the project’s reconnaissance study. Work done more than 5 years before November 17, 1986, cannot be counted unless another law allows it. If compatible work was done after the reconnaissance study and before the final report, it must be included and recommended for credit against the local share. Work done after the final report can also be credited under the new rules. Owners of work done before November 17, 1986, must apply by March 31, 1987, and the Secretary must decide on those requests within 6 months after issuing the rules. Any work done after November 17, 1986, must have prior approval by the Secretary to be counted, and the Secretary must consider economic and environmental feasibility. Credited non‑federal work is not subject to the limitation in the last sentence of 42 U.S.C. 1962d–5a(a), and these rules do not change the requirement in section 2213(a)(1)(A).