Title 33, Navigation and Navigable WatersRelease 119-110

§2289b Stormwater Management Projects

Title 33 › CHAPTER 36 — WATER RESOURCES DEVELOPMENT › SUBCHAPTER V — GENERAL PROVISIONS › § 2289b

Last updated Sep 22, 2026|Official source

Summary

The Secretary must set up a program to study and build projects with non-Federal partners to control, hold, and reuse stormwater for flood control. Projects that help cities and that manage flows under 800 cubic feet per second for the 10-percent flood get priority. The work should use natural and nature-based features whenever possible and try to reclaim, recycle, and reuse flood and stormwater when appropriate. Local partners must provide all land, easements, rights-of-way, and relocations needed, and that value counts toward their share. Work starts only after a binding agreement where the partner pays their construction share and 100% of operation, maintenance, replacement, and rehabilitation costs under the Secretary’s rules. Studies are 50% Federal (the first $100,000 fully Federal). The non-Federal share for construction is 35%. No single study or project can get more than $10,000,000 in Federal money. Up to $50,000,000 may be provided each fiscal year to run the program.

Full Legal Text

Title 33, §2289b

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)In general
The Secretary shall establish a program to carry out studies and projects to control, retain, and reuse stormwater associated with flood control efforts, in partnership with non-Federal interests.
(b)Requirements
(1)Prioritization
In carrying out this section, the Secretary shall prioritize studies and projects that improve urban flood control efforts, including through the management of stormwater that flows at a rate of less than 800 cubic feet per second for the 10-percent flood.
(2)Use of natural and nature-based features
In carrying out a project under this section, the Secretary shall, to the maximum extent practicable, seek to incorporate natural features and nature-based features (as those terms are defined in section 2289a(a) of this title).
(3)Consideration
In carrying out a project under this section, the Secretary shall, where appropriate, maximize the use of features for the reclamation, recycling, and reuse of flood water and stormwater associated with the project.
(4)Items provided by non-Federal interest
(A)In general
The non-Federal interest for a project carried out under this section shall provide all land, easements, rights-of-way, and relocations necessary for the project.
(B)Credit
The value of the land, easements, rights-of-way, and relocations provided under subparagraph (A) shall be credited toward the non-Federal share of the cost of the project.
(5)Agreements
Construction of a project under this section shall be initiated only after a non-Federal interest has entered into a binding agreement with the Secretary to pay—
(A)the non-Federal share of the costs of construction required under this section; and
(B)100 percent of any operation, maintenance, replacement, and rehabilitation costs associated with the project, in accordance with regulations prescribed by the Secretary.
(c)Cost-share
(1)Study
Subject to paragraph (3), the Federal share of the cost of a study carried out under this section shall be 50 percent, except that the first $100,000 of the cost of the study shall be at Federal expense.
(2)Construction
Subject to paragraph (3), the non-Federal share of the cost of a project carried out under this section shall be 35 percent.
(3)Limitation
The total Federal amount expended for a study or project under this section shall be not more than $10,000,000.
(d)Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each fiscal year.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 2024, and also as part of the Thomas R. Carper Water Resources Development Act of 2024, 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 1002 of div. A of Pub. L. 118–272, set out as a note under section 2201 of this title.

Reference

Citations & Metadata

Citation

33 U.S.C. § 2289b

Title 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110