§2225 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Secretary may give a non‑Federal party a credit equal to the government’s estimated share of an authorized flood damage reduction project (or part of one) built by the non‑Federal party under section 701b–13, or a coastal navigation project built by the Corps under section 561 before October 23, 2018, if money is available. At the non‑Federal party’s request, that credit—or, if funds are available, equal cash—may be used to pay the non‑Federal share of other flood damage reduction or coastal navigation projects or studies.

Title 33, §2225

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)With respect to an authorized flood damage reduction project, or separable element thereof, that has been constructed by a non-Federal interest under section 701b–13 11 See References in Text note below. of this title, or an authorized coastal navigation project that has been constructed by the Corps of Engineers pursuant to section 561 of this title before October 23, 2018, the Secretary may provide to the non-Federal interest, at the request of the non-Federal interest, a credit in an amount equal to the estimated Federal share of the cost of the project or separable element, in lieu of providing to the non-Federal interest a reimbursement in that amount or reimbursement of funds of an equivalent amount, subject to the availability of appropriations.

(b)At the request of the non-Federal interest, the Secretary may apply all or a portion of such credit to the share of the cost of the non-Federal interest of carrying out other flood damage reduction and coastal navigation projects or studies.

(c)At the request of the non-Federal interest, the Secretary may apply such funds, subject to the availability of appropriations, equal to the share of the cost of the non-Federal interest of carrying out other flood damage reduction and coastal navigation projects or studies.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 701b–13 of this title, referred to in subsec. (a), was repealed by Pub. L. 113–121, title I, §1014(c)(3), June 10, 2014, 128 Stat. 1222.

Amendments

2018—Pub. L. 115–270 amended section generally. Prior to amendment, section related to credit in lieu of reimbursement. 2016—Subsec. (a). Pub. L. 114–322, § 1171(1), substituted “for which a written agreement with the Corps of Engineers for

Construction

was finalized on or before

December 31, 2014, under section 701b–13 of this title (as it existed before the repeal made by section 1014(c)(3))” for “that has been constructed by a non-Federal interest under section 701b–13 of this title before

June 10, 2014”. Subsec. (b). Pub. L. 114–322, § 1171(2), substituted “non-Federal share of the cost of carrying out other water resources development projects or studies of the non-Federal interest” for “share of the cost of the non-Federal interest of carrying out other flood damage reduction projects or studies”. Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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. 113–121, set out as a note under section 2201 of this title.

§2225 Credit or Reimbursement