Title 33 — Navigation and Navigable Waters
Chapter 36 — Water Resources Development
§ 2225. Credit or reimbursement
Statutory text
Requests for credits
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 1 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 , 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.
Application of credits
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.
Application of reimbursement
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.
Footnotes
- 1 See References in Text note below.
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.
Water Resources Reform and Development Act of 2014
Pub. L. 113–121 title I § 1022 · 128 Stat. 1193
Enacted · 33 U.S.C. § 2225
Pub. L. 113–121, title I, § 1022, June 10, 2014, 128 Stat. 1228
Source evidence
Code source credit
Pub. L. 113–121, title I, § 1022, June 10, 2014, 128 Stat. 1228Enacted provision · exact public law section
SEC. 1022. CREDIT IN LIEU OF REIMBURSEMENT. (a) Requests for Credits.— With respect to an authorized flood damage reduction project, or separable element thereof, that has been constructed by a non-Federal interest under section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13) before the date of enactment of this Act, 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. (b) Application of Credits.— At the request of the non-Federal interest, the Secretary may apply such credit to the share of the cost of the non-Federal interest of carrying out other flood damage reduction projects or studies.Water Resources Development Act of 2016
Pub. L. 114–322 § 1171(1) · 130 Stat. 1628
Repealed · 33 U.S.C. § 2225(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(1) in subsection (a) by striking “that has been constructed by a non-Federal interest under section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13) before the date of enactment of this Act” and inserting “for which a written agreement with the Corps of Engineers for construction was finalized on or before December 31, 2014, under section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13) (as it existed before the repeal made by section 1014(c)(3))”; andWater Resources Development Act of 2016
Pub. L. 114–322 § 1171(2) · 130 Stat. 1628
Substituted · 33 U.S.C. § 2225(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(2) in subsection (b) by striking “share of the cost of the non-Federal interest of carrying out other flood damage reduction projects or studies” and inserting “non-Federal share of the cost of carrying out other water resources development projects or studies of the non-Federal interest”.Water Resources Development Act of 2018
Pub. L. 115–270 title I § 1136(a) · 132 Stat. 3765
Amended · 33 U.S.C. § 2225
Pub. L. 115–270 amended section generally. Prior to amendment, section related to credit in lieu of reimbursement
Source evidence
Code amendment note
Pub. L. 115–270 amended section generally. Prior to amendment, section related to credit in lieu of reimbursement.Enacted provision · exact public law section
(a) In General.— Section 1022 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2225) is amended to read as follows: “SEC. 1022. CREDIT OR REIMBURSEMENT. “(a) Requests for Credits.— With respect to an authorized flood damage reduction project, or separable element thereof, that has been constructed by a non-Federal interest under section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13), or an authorized coastal navigation project that has been constructed by the Corps of Engineers pursuant to section 11 of the Act of March 3, 1925, before the date of enactment of the Water Resources Development Act of 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) Application of Credits.— 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) Application of Reimbursement.— 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.” .
4 of 4 references resolved to an enrolled provision
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), , 128 Stat. 1222.
Amendments2016–2018 · 2 rounds
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 , 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 ”.
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.
Credits
2014–2018 · 3 acts
- 2014Pub. L. 113–121, title I, § 1022, , 128 Stat. 1228
- 2016Pub. L. 114–322, title I, § 1171, , 130 Stat. 1671
- 2018Pub. L. 115–270, title I, § 1136(a), , 132 Stat. 3783.
Show as published
(Pub. L. 113–121, title I, § 1022, , 128 Stat. 1228; Pub. L. 114–322, title I, § 1171, , 130 Stat. 1671; Pub. L. 115–270, title I, § 1136(a), , 132 Stat. 3783.)