Title 33Navigation and Navigable WatersRelease 119-73

§701n–3 Permanent measures to reduce emergency flood fighting needs for communities subject to repetitive flooding

Title 33 › Chapter CHAPTER 15— - FLOOD CONTROL › § 701n–3

Last updated Apr 6, 2026|Official source

Summary

Lets the Secretary study, design, and build water projects to lower flood and coastal storm risk for communities that have had repeated flooding. Projects can change or strengthen existing flood works, build new ones, and use natural or nonstructural approaches. When practical, the Secretary must try to use natural or nature-based features, or mix them with nonstructural options, so that at least one studied plan cuts flood or storm damage by 50% or more. The Secretary may start a project without asking Congress if the project is judged wise, has benefits greater than its costs, and the federal share of construction costs is $17,500,000 or less. If the federal share is more than $17,500,000, the Secretary must send the plan to Congress and include it in the next annual report. If a study shows benefits do not exceed costs, the community may pay the extra amount needed to make the remaining design and construction costs equal the project's estimated benefits; those payments are in addition to other required local payments. Cost-sharing deals must account for a community’s ability to pay, which the Secretary will decide by set procedures, and any lowering of the local share for inability to pay cannot be counted as part of the federal share when checking the $17,500,000 limit. Definitions: affected community — a public body that has had flooding at least twice in 10 years and got emergency flood help; natural feature / nature-based feature — technical terms defined elsewhere in the law for types of natural or nature-based flood-control measures.

Full Legal Text

Title 33, §701n–3

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)In this section:
(1)The term “affected community” means a legally constituted public body (as that term is used in section 1962d–5b(b) of title 42)—
(A)with jurisdiction over an area that has been subject to flooding in two or more events in any 10-year period; and
(B)that has received emergency flood-fighting assistance, including construction of temporary barriers by the Secretary, under section 701n of this title with respect to such flood events.
(2)The terms “natural feature” and “nature-based feature” have the meanings given those terms in section 2289a of this title.
(b)(1)The Secretary is authorized to carry out a program to study, design, and construct water resources development projects through measures involving, among other things, strengthening, raising, extending, realigning, or otherwise modifying existing flood control works, designing new works, and incorporating natural features, nature-based features, or nonstructural features, as appropriate to provide flood and coastal storm risk management to affected communities.
(2)In carrying out paragraph (1), the Secretary shall, to the maximum extent practical, review and, where appropriate, incorporate natural features or nature-based features, or a combination of such features and nonstructural features, that avoid or reduce at least 50 percent of flood or storm damages in one or more of the alternatives included in the final alternatives evaluated.
(3)(A)The Secretary may carry out a project described in paragraph (1) without further congressional authorization if—
(i)the Secretary determines that the project—
(I)is advisable to reduce the risk of flooding for an affected community; and
(II)produces benefits that are in excess of the estimated costs; and
(ii)the Federal share of the cost of the construction does not exceed $17,500,000.
(B)If the Federal share of the cost of a project described in paragraph (1) exceeds $17,500,000, the Secretary shall submit the project recommendation to Congress for authorization prior to construction, and shall include the project recommendation in the next annual report submitted under section 2282d of this title.
(C)(i)If, based on a study carried out pursuant to paragraph (1), the Secretary determines that a project described in paragraph (1) will not produce benefits greater than cost, the Secretary shall allow the affected community to pay, or provide contributions equal to, an amount sufficient to make the remaining costs of design and construction of the project equal to the estimated value of the benefits of the project.
(ii)Amounts provided by an affected community under clause (i) shall be in addition to any payments or contributions the affected community is required to provide toward the remaining costs of design and construction of the project under section 2213 of this title.
(4)(A)Any cost-sharing agreement for a project entered into pursuant to this section shall be subject to the ability of the affected community to pay.
(B)The ability of any affected community to pay shall be determined by the Secretary in accordance with procedures established by the Secretary.
(C)Any reduction in the non-Federal share of the cost of a project described in paragraph (1) as a result of a determination under this paragraph shall not be included in the Federal share for purposes of subparagraphs (A) and (B) of paragraph (3).

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.

Reference

Citations & Metadata

Citation

33 U.S.C. § 701n–3

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73