§2214 General Credit for Flood Control

Summary

The Secretary must write and publish rules within one year after November 17, 1986, that explain how to treat flood-control work paid for or done by non-Federal groups. The rules must say how to decide if that work fits with a project, how to make those decisions, and they must be published with notice and a chance for public comment. When studying a flood-control project, the Secretary must count the costs and benefits of any compatible non-Federal work done within certain dates. Only work done after the date that is five years before the first obligation of funds for the project’s reconnaissance study can be counted, and nothing done more than five years before November 17, 1986 can be counted unless another law allows it. Work done after the reconnaissance study but before the Chief of Engineers’ final report will be included and recommended for credit against the non-Federal share. Work done after the final report may also be credited under the rules. For work done before November 17, 1986, non-Federal parties must apply by March 31, 1987, and the Secretary must decide within six months after the rules are issued. For work done after November 17, 1986, the rules require prior Secretary approval and review of economic and environmental feasibility. Any credited non-Federal work is not subject to the limit in the last sentence of 42 U.S.C. 1962d–5a(a), and this does not change the requirement that non-Federal partners still provide the required cash contribution.