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Title 33 — Navigation and Navigable Waters

Chapter 36 — Water Resources Development

§ 2225. Credit or reimbursement

Statutory text

(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 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.

(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.

Footnotes

  1. 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.

  1. 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. 1228

    Enacted 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.

  2. 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))”; and

  3. Water 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”.

  4. 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
  1. 2014Pub. L. 113–121, title I, § 1022, , 128 Stat. 1228
  2. 2016Pub. L. 114–322, title I, § 1171, , 130 Stat. 1671
  3. 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.)

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