§3905 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Money from this chapter can pay for many kinds of water and coastal projects if the Secretary finds them practical, worth the cost, and okay for the environment. Examples include flood, hurricane, and storm damage reduction; restoring aquatic ecosystems; improving navigation in harbors and inland or intracoastal waterways; energy-efficiency upgrades for public water systems and treatment plants; repairing or replacing treatment works, community water systems, or aging distribution and collection systems (including those serving Indian reservations); desalination, managed aquifer recharge, water recycling, and other projects to provide alternative water supplies; and projects to prevent or lessen drought effects. Funds may also cover activities listed in section 1383(c) of this title and in 42 U.S.C. 300j–12(a)(2), even if not publicly owned. Buying land is allowed if it’s essential to projects in items (1)–(6) or if the Administrator or Secretary finds it will reduce environmental harm. A State financing authority can file one application for a group of projects under items (2) or (3). An eligible entity (or group) can file one application for a group of projects secured by the same pledge if each project fits items (1)–(8).

Title 33, §3905

Navigation and Navigable Waters — Source: USLM XML via OLRC

The following projects may be carried out with amounts made available under this chapter:

(1)Any project for flood damage reduction, hurricane and storm damage reduction, environmental restoration, coastal or inland harbor navigation improvement, or inland and intracoastal waterways navigation improvement that the Secretary determines is technically sound, economically justified, and environmentally acceptable, including—

(A)a project to reduce flood damage;

(B)a project to restore aquatic ecosystems;

(C)a project to improve the inland and intracoastal waterways navigation system of the United States; and

(D)a project to improve navigation of a coastal or inland harbor of the United States, including channel deepening and construction of associated general navigation features.

(2)1 or more activities that are eligible for assistance under section 1383(c) of this title, notwithstanding the public ownership requirement under paragraph (1) of that subsection.

(3)1 or more activities described in section 300j–12(a)(2) of title 42.

(4)A project for enhanced energy efficiency in the operation of a public water system or a publicly owned treatment works.

(5)A project for repair, rehabilitation, or replacement of a treatment works, community water system, or aging water distribution or waste collection facility (including a facility that serves a population or community of an Indian reservation).

(6)A brackish or sea water desalination project, including chloride control, a managed aquifer recharge project, a water recycling project, or a project to provide alternative water supplies to reduce aquifer depletion.

(7)A project to prevent, reduce, or mitigate the effects of drought, including projects that enhance the resilience of drought-stricken watersheds.

(8)Acquisition of real property or an interest in real property—

(A)if the acquisition is integral to a project described in paragraphs (1) through (6); or

(B)pursuant to an existing plan that, in the judgment of the Administrator or the Secretary, as applicable, would mitigate the environmental impacts of water resources infrastructure projects otherwise eligible for assistance under this section.

(9)A combination of projects, each of which is eligible under paragraph (2) or (3), for which a State infrastructure financing authority submits to the Administrator a single application.

(10)A combination of projects secured by a common security pledge, each of which is eligible under paragraph (1), (2), (3), (4), (5), (6), (7), or (8), for which an eligible entity, or a combination of eligible entities, submits a single application.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2016—Par. (6). Pub. L. 114–322, § 5008(b)(1)(A), substituted “desalination project, including chloride control” for “desalination project” and “a water recycling project, or a project to provide alternative water supplies to reduce aquifer depletion” for “or a water recycling project”. Pars. (7) to (9). Pub. L. 114–322, § 5008(b)(1)(B), (C), added par. (7) and redesignated former pars. (7) and (8) as (8) and (9), respectively. Former par. (9) redesignated (10). Par. (10). Pub. L. 114–322, § 5008(b)(1)(B), (D), redesignated par. (9) as (10) and substituted “(7), or (8)” for “or (7)”.

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.

§3905 Projects eligible for assistance