Title 33Navigation and Navigable WatersRelease 119-73

§2267b Post-disaster watershed assessments

Title 33 › Chapter CHAPTER 36— - WATER RESOURCES DEVELOPMENT › Subchapter SUBCHAPTER IV— - WATER RESOURCES STUDIES › § 2267b

Last updated Apr 6, 2026|Official source

Summary

The Secretary may carry out a watershed assessment in an area where the President has declared a major disaster under 42 U.S.C. 5170. The assessment must try to find specific project ideas to reduce flood, hurricane, and storm damage, restore ecosystems, or improve navigation so damaged infrastructure and natural resources are stronger and risks to people and property are lower. The Secretary must use all existing watershed studies and other information from federal, state, or local sources. The assessment can point out projects already being done under other authorities, and the Secretary may carry out projects using the rules for one of these authorities (33 U.S.C. 701s, 426i, 2330, 2309a, 577, 426g). Projects that don’t fit those rules must be sent as recommendations in the Secretary’s annual report to Congress (section 2282d). When moving forward with a project, the Secretary must use available studies and not make people redo work finished before the disaster. All rules that apply under the listed Acts also apply to these projects. A watershed assessment must start no later than 2 years after the major disaster declaration. For disasters in a U.S. territory declared before October 23, 2018, activities under this authority are paid fully by the federal government unless the President decides the territory can pay its cost share without using loans. "Territory of the United States" means an insular area named in section 2310(a)(1).

Full Legal Text

Title 33, §2267b

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)(1)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)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)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)(1)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)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)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)All requirements applicable to a project under the Acts described in subsection (b) shall apply to the project.
(d)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)(1)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)In this subsection, the term “territory of the United States” means an insular area specified in section 2310(a)(1) of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The 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. 90–483, 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. 104–303, 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. 99–662, 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. 86–645, 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.

Amendments

2018—Subsec. (e). Pub. L. 115–270 added subsec. (e).

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.

Reference

Citations & Metadata

Citation

33 U.S.C. § 2267b

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73