§3905 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Money under this chapter can pay for many kinds of water projects if the Secretary finds them technically sound, cost‑justified, and okay for the environment. That covers flood and storm damage reduction, restoring aquatic ecosystems, and improving navigation in inland, intracoastal, coastal, or harbor channels (like deepening channels and building navigation features). It also covers activities listed in 33 U.S.C. 1383(c) even if they are not publicly owned, and activities listed in 42 U.S.C. 300j–12(a)(2). Funds may also pay for energy‑efficiency upgrades at public water systems and treatment plants; repair, rehab, or replacement of treatment works, community water systems, and old distribution or waste collection systems (including systems serving Indian reservations); desalination, managed aquifer recharge, water recycling, and other ways to add water supply; drought prevention and watershed resilience work; purchasing land needed for these projects or land that reduces environmental impacts if the Administrator or Secretary agrees; and combined or bundled projects submitted as single applications, including projects secured by a common pledge.

Title 33, §3905

Navigation and Navigable Waters — Source: USLM XML via OLRC

The following projects may be carried out with amounts made available under this chapter:

(1)Any project for flood damage reduction, hurricane and storm damage reduction, environmental restoration, coastal or inland harbor navigation improvement, or inland and intracoastal waterways navigation improvement that the Secretary determines is technically sound, economically justified, and environmentally acceptable, including—

(A)a project to reduce flood damage;

(B)a project to restore aquatic ecosystems;

(C)a project to improve the inland and intracoastal waterways navigation system of the United States; and

(D)a project to improve navigation of a coastal or inland harbor of the United States, including channel deepening and construction of associated general navigation features.

(2)1 or more activities that are eligible for assistance under section 1383(c) of this title, notwithstanding the public ownership requirement under paragraph (1) of that subsection.

(3)1 or more activities described in section 300j–12(a)(2) of title 42.

(4)A project for enhanced energy efficiency in the operation of a public water system or a publicly owned treatment works.

(5)A project for repair, rehabilitation, or replacement of a treatment works, community water system, or aging water distribution or waste collection facility (including a facility that serves a population or community of an Indian reservation).

(6)A brackish or sea water desalination project, including chloride control, a managed aquifer recharge project, a water recycling project, or a project to provide alternative water supplies to reduce aquifer depletion.

(7)A project to prevent, reduce, or mitigate the effects of drought, including projects that enhance the resilience of drought-stricken watersheds.

(8)Acquisition of real property or an interest in real property—

(A)if the acquisition is integral to a project described in paragraphs (1) through (6); or

(B)pursuant to an existing plan that, in the judgment of the Administrator or the Secretary, as applicable, would mitigate the environmental impacts of water resources infrastructure projects otherwise eligible for assistance under this section.

(9)A combination of projects, each of which is eligible under paragraph (2) or (3), for which a State infrastructure financing authority submits to the Administrator a single application.

(10)A combination of projects secured by a common security pledge, each of which is eligible under paragraph (1), (2), (3), (4), (5), (6), (7), or (8), for which an eligible entity, or a combination of eligible entities, submits a single application.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2016—Par. (6). Pub. L. 114–322, § 5008(b)(1)(A), substituted “desalination project, including chloride control” for “desalination project” and “a water recycling project, or a project to provide alternative water supplies to reduce aquifer depletion” for “or a water recycling project”. Pars. (7) to (9). Pub. L. 114–322, § 5008(b)(1)(B), (C), added par. (7) and redesignated former pars. (7) and (8) as (8) and (9), respectively. Former par. (9) redesignated (10). Par. (10). Pub. L. 114–322, § 5008(b)(1)(B), (D), redesignated par. (9) as (10) and substituted “(7), or (8)” for “or (7)”.

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.

§3905 Projects Eligible for Assistance