§2214 General Credit for Flood Control

Summary

The Secretary must write and publish rules within one year after November 17, 1986 that explain how flood-control work done by local or non-Federal groups can count toward a federal flood-control project. The rules must say how to decide if that outside work fits the project, how to include its costs and benefits when analyzing the project, and they must be published for public comment first. The Secretary may only count work done after the date that is five years before the first obligation of funds for the project's reconnaissance study, and may not count work done more than five years before November 17, 1986 unless another law says otherwise. Work done after the reconnaissance study and before the final report to Congress, if found compatible, will be included in the project and recommended for credit against the local share. Work done after the final report may still be credited under the new rules. For work done before November 17, 1986, non-Federal interests had to apply by March 31, 1987, and the Secretary had to decide within six months after the rules are issued. For work done after November 17, 1986, the rules require the Secretary’s prior approval and a check of economic and environmental feasibility. Any work counted toward the non-Federal share is not subject to a certain other statutory limit, and these rules do not change an existing separate requirement about non-Federal project shares.