§2222 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Local partners for a Corps water study or project, including projects under continuing-authority or environmental-infrastructure programs, can use federal money from another federal program to pay their required share, and the Secretary must accept those funds if two things are true. First, the law that allows those funds does not specifically forbid using them for a Corps study or project. Second, the federal agency giving the money decides the project activities are eligible under that agency’s funding law.

Title 33, §2222

Navigation and Navigable Waters — Source: USLM XML via OLRC

The non-Federal interest for a water resources development study or project, including a study or project under a continuing authority program (as defined in section 2282d(c)(1)(D) of this title) and a study or project under an environmental infrastructure assistance program, may use, and the Secretary shall accept, funds provided by a Federal agency under any other Federal program, to satisfy, in whole or in part, the non-Federal share of the cost of the study or project if—

(1)the statutory authority for the funds provided by the Federal agency does not expressly prohibit use of the funds for a study or project of the Corps of Engineers; and

(2)the Federal agency that provides the funds determines that the study or project activities for which the funds will be used are otherwise eligible for funding under such statutory authority.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Pub. L. 117–263 substituted “water resources development study or project, including a study or project under a continuing authority program (as defined in section 2282d(c)(1)(D) of this title) and a study or project under an environmental infrastructure assistance program,” for “water resources study or project” and substituted “if—” and pars. (1) and (2) for “if the Federal agency that provides the funds determines that the funds are authorized to be used to carry out the study or project.” Codification Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.

§2222 Use of Other Federal Funds