Title 33, Navigation and Navigable WatersRelease 119-110

§701n–3 Permanent Measures to Reduce Emergency Flood Fighting Needs for Communities Subject to Repetitive Flooding

Title 33 › CHAPTER 15 — FLOOD CONTROL › § 701n–3

Last updated Sep 22, 2026|Official source

Summary

Creates a program for the Secretary to study, plan, and build water projects that cut flood and coastal storm risk for communities that have had repeated floods. Affected community means a public body that had two or more floods in any 10-year period and got emergency flood help (like temporary barriers). Natural feature and nature-based feature are defined elsewhere. Projects can change or add flood-control works, build new works, or use natural or nonstructural approaches. The Secretary must, as much as practical, look at and, when it makes sense, include natural or nature-based features (alone or with nonstructural options) that cut at least 50% of flood or storm damages in one or more final options. The Secretary can approve a project without new Congressional approval if it is advisable, its benefits exceed its costs, and the federal share is at most $17,500,000. If the federal share is more than $17,500,000, the project must be sent to Congress for approval and included in the next annual report. If a project’s benefits do not cover the cost, the community may pay enough to make costs equal the estimated benefits. Any extra community payments must be in addition to other required local payments. Cost shares must consider the community’s ability to pay, using procedures the Secretary sets, and any reduction for inability to pay does not count as federal money for the $17,500,000 limit.

Full Legal Text

Title 33, §701n–3

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Definitions
In this section: (1) Affected community
(2)Natural feature; nature-based feature
The terms “natural feature” and “nature-based feature” have the meanings given those terms in section 2289a of this title.
(b)Program
(1)In general
The Secretary is authorized to carry out a program to study, design, and construct water resources development projects through measures involving, among other things, strengthening, raising, extending, realigning, or otherwise modifying existing flood control works, designing new works, and incorporating natural features, nature-based features, or nonstructural features, as appropriate to provide flood and coastal storm risk management to affected communities.
(2)Considerations
In carrying out paragraph (1), the Secretary shall, to the maximum extent practical, review and, where appropriate, incorporate natural features or nature-based features, or a combination of such features and nonstructural features, that avoid or reduce at least 50 percent of flood or storm damages in one or more of the alternatives included in the final alternatives evaluated.
(3)Construction
(A)In general
The Secretary may carry out a project described in paragraph (1) without further congressional authorization if—
(i)the Secretary determines that the project—
(I)is advisable to reduce the risk of flooding for an affected community; and
(II)produces benefits that are in excess of the estimated costs; and
(ii)the Federal share of the cost of the construction does not exceed $17,500,000.
(B)Specific authorization
If the Federal share of the cost of a project described in paragraph (1) exceeds $17,500,000, the Secretary shall submit the project recommendation to Congress for authorization prior to construction, and shall include the project recommendation in the next annual report submitted under section 2282d of this title.
(C)Financing
(i)Contributions
If, based on a study carried out pursuant to paragraph (1), the Secretary determines that a project described in paragraph (1) will not produce benefits greater than cost, the Secretary shall allow the affected community to pay, or provide contributions equal to, an amount sufficient to make the remaining costs of design and construction of the project equal to the estimated value of the benefits of the project.
(ii)Effect on non-Federal share
Amounts provided by an affected community under clause (i) shall be in addition to any payments or contributions the affected community is required to provide toward the remaining costs of design and construction of the project under section 2213 of this title.
(4)Ability to pay
(A)In general
Any cost-sharing agreement for a project entered into pursuant to this section shall be subject to the ability of the affected community to pay.
(B)Determination
The ability of any affected community to pay shall be determined by the Secretary in accordance with procedures established by the Secretary.
(C)Effect of reduction
Any reduction in the non-Federal share of the cost of a project described in paragraph (1) as a result of a determination under this paragraph shall not be included in the Federal share for purposes of subparagraphs (A) and (B) of paragraph (3).

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.

Reference

Citations & Metadata

Citation

33 U.S.C. § 701n–3

Title 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110