Title 33Navigation and Navigable WatersRelease 119-73

§2289b Stormwater management projects

Title 33 › Chapter CHAPTER 36— - WATER RESOURCES DEVELOPMENT › Subchapter SUBCHAPTER V— - GENERAL PROVISIONS › § 2289b

Last updated Apr 6, 2026|Official source

Summary

The Secretary must create a program to study and build projects with non-Federal partners to control, hold, and reuse stormwater as part of flood control. The program should prioritize projects that help cities and that manage stormwater flows under 800 cubic feet per second for the 10‑percent flood. Projects should, as much as possible, use natural or nature‑based features and try to reclaim, recycle, and reuse floodwater and stormwater when appropriate. Non‑Federal partners must provide any land, easements, rights‑of‑way, and relocations needed, and their value counts toward their share of costs. Construction can start only after a binding agreement that the partner will pay its construction share and 100% of operation, maintenance, replacement, and rehabilitation costs under the Secretary’s rules. The Federal share of studies is 50% (the first $100,000 of a study is fully Federal). The non‑Federal share of a project is 35%. No single study or project can get more than $10,000,000 in Federal funds. Up to $50,000,000 is authorized to be appropriated each fiscal year to run the program.

Full Legal Text

Title 33, §2289b

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)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)(1)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)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)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)(A)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)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)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)(1)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)Subject to paragraph (3), the non-Federal share of the cost of a project carried out under this section shall be 35 percent.
(3)The total Federal amount expended for a study or project under this section shall be not more than $10,000,000.
(d)There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each fiscal year.

Legislative History

Notes & Related Subsidiaries

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. 118–272, set out as a note under section 2201 of this title.

Reference

Citations & Metadata

Citation

33 U.S.C. § 2289b

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73