§2213a — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

For flood risk or coastal storm projects in areas with moderate or high earthquake risk, the Secretary must not count extra design and construction costs for seismic safety when doing the project's benefit‑cost analysis. Outside the benefit‑cost analysis, those extra seismic costs must be included in the total project cost and follow the normal cost‑sharing rules for the project.

Title 33, §2213a

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)In the case of a flood risk management or coastal storm risk management project in a region of moderate or high seismic hazard, for the purpose of a benefit-cost analysis for the project, the Secretary shall not include in that analysis any additional design and construction costs resulting from addressing seismic concerns.

(b)Except with respect to the benefit-cost analysis, the additional costs referred to in subsection (a) shall be—

(1)included in the total project cost; and

(2)subject to cost-share requirements otherwise applicable to the project.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2022—Subsec. (a). Pub. L. 117–263 substituted “a flood risk management or coastal storm risk management project in a region” for “flood risk management project that incidentally generates seismic safety benefits in regions”.

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.

§2213a Treatment of Certain Benefits and Costs