§ 2223. Transfer of excess credit

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2014

   Water Resources Reform and Development Act of 2014

   Pub. L. 113–121 title I § 1020 · 128 Stat. 1193

   Enacted · 33 U.S.C. § 2223

   Pub. L. 113–121, title I, § 1020, June 10, 2014, 128 Stat. 1227

   Source evidence

   Code source credit
   Pub. L. 113–121, title I, § 1020, June 10, 2014, 128 Stat. 1227

   Enacted provision · exact public law section
   SEC. 1020. TRANSFER OF EXCESS CREDIT. (a) In General.— Subject to subsection (b), the Secretary may apply credit for in-kind contributions provided by a non-Federal interest that are in excess of the required non-Federal cost share for a water resources development study or project toward the required non-Federal cost share for a different water resources development study or project. (b) Restrictions.— (1) In general.— Except for subsection (a)(4)(D)(i) of that section, the requirements of section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b) (as amended by section 1018(a)) shall apply to any credit under this section. (2) Conditions.— Credit in excess of the non-Federal share for a study or project may be approved under this section only if— (A) the non-Federal interest submits a comprehensive plan to the Secretary that identifies— (i) the studies and projects for which the non-Federal interest intends to provide in-kind contributions for credit that are in excess of the non-Federal cost share for the study or project; and (ii) the authorized studies and projects to which that excess credit would be applied; (B) the Secretary approves the comprehensive plan; and (C) the total amount of credit does not exceed the total non-Federal share for the studies and projects in the approved comprehensive plan. (c) Additional Criteria.— In evaluating a request to apply credit in excess of the non-Federal share for a study or project toward a different study or project, the Secretary shall consider whether applying that credit will— (1) help to expedite the completion of a project or group of projects; (2) reduce costs to the Federal Government; and (3) aid the completion of a project that provides significant flood risk reduction or environmental benefits. (d) Termination of Authority.— The authority provided in this section shall terminate 10 years after the date of enactment of this Act. (e) Report.— (1) Deadlines.— (A) In general.— Not later than 2 years after the date of enactment of this Act, and once every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available an interim report on the use of the authority under this section. (B) Final report.— Not later than 10 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a final report on the use of the authority under this section. (2) Inclusions.— The reports described in paragraph (1) shall include— (A) a description of the use of the authority under this section during the reporting period; (B) an assessment of the impact of the authority under this section on the time required to complete projects; and (C) an assessment of the impact of the authority under this section on other water resources projects.

2. 2016

   Water Resources Development Act of 2016

   Pub. L. 114–322 title I § 1166 · 130 Stat. 1628

   1. Substituted · 33 U.S.C. § 2223(a)

      Pub. L. 114–322 substituted “Application of credit” for “In general” in subsec. heading

   2. Amended · 33 U.S.C. § 2223(a)

      Pub. L. 114–322 designated existing provisions as par. (1)

   3. Inserted · 33 U.S.C. § 2223(a)

      Pub. L. 114–322 inserted par. (1) heading

   4. Added · 33 U.S.C. § 2223(a)

      Pub. L. 114–322 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 114–322 substituted “Application of credit” for “In general” in subsec. heading, designated existing provisions as par. (1) and inserted par. (1) heading, and added par. (2).

   Enacted provision · exact public law section
   SEC. 1166. TRANSFER OF EXCESS CREDIT.   Section 1020(a) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2223(a)) is amended— (1) by striking the subsection designation and heading and all that follows through “Subject to subsection (b)” and inserting the following: “(a) Application of Credit.— “(1) In general.— Subject to subsection (b)” ; and (2) by adding at the end the following: “(2) Application prior to completion of project.— On request of a non-Federal interest, the credit described in paragraph (1) may be applied prior to completion of a study or project, if the credit amount is verified by the Secretary.” .

3. 2022

   Water Resources Development Act of 2022

   Pub. L. 117–263 § 8383(1) · 136 Stat. 2395

   Added · 33 U.S.C. § 2223(a)(3)

   Pub. L. 117–263, § 8383(1), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 117–263, § 8383(1), added par. (3).

   Enacted provision · exact public law section
   (1) in subsection (a), by adding at the end the following: “(3) Studies and projects with multiple non-federal interests.— A credit described in paragraph (1) for a study or project with multiple non-Federal interests may be applied to the required non-Federal cost share for a study or project of any such non-Federal interest, if each such non-Federal interest agrees in writing to such application.” ;

4. 2022

   Water Resources Development Act of 2022

   Pub. L. 117–263 § 8383(2) · 136 Stat. 2395

   Added · 33 U.S.C. § 2223(b)(3)

   Pub. L. 117–263, § 8383(2), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 117–263, § 8383(2), added par. (3).

   Enacted provision · exact public law section
   (2) in subsection (b), by adding at the end the following: “(3) Conditional approval of excess credit.— Notwithstanding paragraph (2)(A)(ii), the Secretary may approve credit in excess of the non-Federal share for a study or project prior to the identification of each authorized study or project to which the excess credit will be applied, subject to the condition that the non-Federal interest agrees to submit for approval by the Secretary an amendment to the comprehensive plan prepared under paragraph (2) that identifies each authorized study or project in advance of execution of the feasibility cost-sharing agreement or project partnership agreement for that authorized study or project.” ;

5. 2022

   Water Resources Development Act of 2022

   Pub. L. 117–263 § 8383(3) · 136 Stat. 2395

   Substituted · 33 U.S.C. § 2223(d)

   Pub. L. 117–263, § 8383(3), substituted “on December 31, 2028” for “10 years after June 10, 2014”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 117–263, § 8383(3), substituted “on December 31, 2028” for “10 years after June 10, 2014”.

   Enacted provision · exact public law section
   (3) in subsection (d), by striking “10 years after the date of enactment of this Act” and inserting “on December 31, 2028”; and

6. 2022

   Water Resources Development Act of 2022

   Pub. L. 117–263 § 8383(4) · 136 Stat. 2395

   Substituted · 33 U.S.C. § 2223(e)(1)(B)

   Pub. L. 117–263, § 8383(4), substituted “December 31, 2028” for “10 years after June 10, 2014”

   Source evidence

   Code amendment note
   Subsec. (e)(1)(B). Pub. L. 117–263, § 8383(4), substituted “December 31, 2028” for “10 years after June 10, 2014”.

   Enacted provision · exact public law section
   (4) in subsection (e)(1)(B), by striking “10 years after the date of enactment of this Act” and inserting “December 31, 2028”.

7. 2025

   Pub. L. 118–272 div. A title III § 1303(g) · 138 Stat. 3114

   Substituted · 33 U.S.C. § 2223(d); 33 U.S.C. § 2223(e)(1)(B)

   Pub. L. 118–272 substituted “2030” for “2028”

   Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsecs. (d), (e)(1)(B). Pub. L. 118–272 substituted “2030” for “2028”.

9 of 10 references resolved to an enrolled provision · 1 unresolved