§2223 Transfer of Excess Credit

Summary

The Secretary may let a non‑Federal partner use extra in‑kind contributions (things like labor, materials, or services instead of cash) that go beyond that partner’s required share on one water study or project to count toward the partner’s required share on a different water study or project. The Secretary can allow that credit before the first study or project is finished if the credit amount is verified. If a study or project has more than one non‑Federal partner, each partner must agree in writing before their excess credit is moved. Most rules in 42 U.S.C. 1962d–5b apply to this credit, except subsection (a)(4)(D)(i). A non‑Federal partner must give the Secretary a written plan naming the projects that will provide excess credit and the projects that will receive it, and the Secretary must approve the plan. The total credit cannot be more than the total non‑Federal share for the approved projects. The Secretary may give conditional approval before every receiving project is named if the partner agrees to amend the plan before final project agreements. When deciding, the Secretary must consider whether the credit speeds completion, lowers federal costs, or helps projects with major flood‑risk reduction or environmental benefits. This authority ends December 31, 2030. The Secretary must report on use of the authority to the Senate Committee on Environment and Public Works and the House Committee on Transportation and Infrastructure starting within 2 years after June 10, 2014 and every 2 years after, and must provide a final report by December 31, 2030. Reports must describe how the authority was used and assess its effects on project timing and on other water projects.