Title 33 — Navigation and Navigable Waters
Chapter 36 — Water Resources Development
§ 2267a. Watershed and river basin assessments
Statutory text
In general
The Secretary may assess the water resources needs of river basins and watersheds of the United States, including needs relating to—
ecosystem protection and restoration;
flood damage reduction;
navigation and ports;
watershed protection;
water supply;
drought preparedness;
sea level rise;
coastal storm damage reduction; and
streambank and shoreline protection.
Cooperation
An assessment under subsection (a) shall be carried out in cooperation and coordination with—
the Secretary of the Interior;
the Secretary of Agriculture;
the Secretary of Commerce;
the Administrator of the Environmental Protection Agency; and
the heads of other appropriate agencies.
Consultation
In carrying out an assessment under subsection (a), the Secretary shall consult with Federal, tribal, State, interstate, and local governmental entities.
Priority river basins and watersheds
In selecting river basins and watersheds for assessment under this section, the Secretary shall give priority to—
the Delaware River basin;
the Kentucky River basin;
the Potomac River basin;
the Susquehanna River basin;
the Willamette River basin;
Tuscarawas River Basin, Ohio;
Sauk River Basin, Snohomish and Skagit Counties, Washington;
Niagara River Basin, New York;
Genesee River Basin, New York;
White River Basin, Arkansas and Missouri;
New York-New Jersey Watershed Basin, which encompasses all the watersheds that flow into the New York-New Jersey Harbor and their associated estuaries, including the Hudson, Mohawk, Raritan, Passaic, Hackensack, and Bronx River Watersheds and the Hudson River Estuary;
Mississippi River Watershed;
Chattahoochee River Basin, Alabama, Florida, and Georgia;
the Walla Walla River Basin;
the San Francisco Bay Basin;
Connecticut River Watershed, Connecticut, Massachusetts, New Hampshire, and Vermont;
Lower Rouge River Watershed, Michigan; and
Grand River Watershed, Michigan.
Acceptance of contributions
In carrying out an assessment under subsection (a), the Secretary may accept contributions, in cash or in kind, from Federal, tribal, State, interstate, and local governmental entities to the extent that the Secretary determines that the contributions will facilitate completion of the assessment.
Cost-sharing requirements
Non-Federal share
The non-Federal share of the costs of an assessment carried out under this section on or after , shall be 25 percent.
Credit
In general
Subject to subparagraph (B), the Secretary may credit toward the non-Federal share of an assessment under this section the cost of services, materials, supplies, or other in-kind contributions provided by the non-Federal interests for the assessment.
Maximum amount of credit
The credit under subparagraph (A) may not exceed an amount equal to 25 percent of the costs of the assessment.
Feasibility report on project specific recommendations from assessments
In general
At the request of a non-Federal interest for an assessment completed under this section, the Secretary is authorized to prepare a feasibility report, in accordance with the requirements of section 2282 of this title, recommending the construction or modification of a water resources development project to address a water resources need of a river basin or watershed of the United States identified in the assessment.
Priority watersheds
In carrying out this subsection, the Secretary shall give priority to—
the watersheds of the island of Maui, Hawaii, including the Wahikuli, Honoko̅wai, Kahana, Honokahua, and Honolua watersheds, including the coral reef habitat north of Lahaina off the northwestern coast of the island of Maui; and
the watersheds of the Northern Mariana Islands, American Samoa, and Guam.
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.
Pub. L. 99–662 title VII § 729 · 100 Stat. 4082
Enacted · 33 U.S.C. § 2267a
Pub. L. 99–662, title VII, § 729, Nov. 17, 1986, 100 Stat. 4164
Source evidence
Code source credit
Pub. L. 99–662, title VII, § 729, Nov. 17, 1986, 100 Stat. 4164Enacted provision · exact public law section
SEC. 729. STUDY OF WATER RESOURCES NEEDS OF RIVER BASINS AND REGIONS. (a) The Secretary, in coordination with the Secretary of the Interior and in consultation with appropriate Federal, State, and local agencies, is authorized to study the water resources needs of river basins and regions of the United States. The Secretaries shall report the results of such study to Congress not later than October 1, 1988. (b) In carrying out the studies authorized under subsection (a) of this section, the Secretaries shall consult with State, interstate, and local governmental entities. (c) Appropriation authorization. There is authorized to be appropriated $5,000,000 for fiscal years beginning after September 30, 1986, to carry out this section.Pub. L. 106–541 title II § 202 · 114 Stat. 2572
Amended · 33 U.S.C. § 2267a
Pub. L. 106–541 amended section catchline and text generally. Prior to amendment, section read as follows:
Source evidence
Code amendment note
Pub. L. 106–541 amended section catchline and text generally. Prior to amendment, section read as follows:“(a) The Secretary, in coordination with the Secretary of the Interior and in consultation with appropriate Federal, State, and local agencies, is authorized to study the water resources needs of river basins and regions of the United States. The Secretaries shall report the results of such study to Congress not later than October 1, 1988. “(b) In carrying out the studies authorized under subsection (a) of this section, the Secretaries shall consult with State, interstate, and local governmental entities. “(c) There is authorized to be appropriated $5,000,000 for fiscal years beginning after September 30, 1986, to carry out this section.”
Enacted provision · exact public law section
SEC. 202. WATERSHED AND RIVER BASIN ASSESSMENTS. Section 729 of the Water Resources Development Act of 1986 (100 Stat. 4164) is amended to read as follows: “SEC. 729. WATERSHED AND RIVER BASIN ASSESSMENTS. “(a) In General.— The Secretary may assess the water resources needs of river basins and watersheds of the United States, including needs relating to— “(1) ecosystem protection and restoration; “(2) flood damage reduction; “(3) navigation and ports; “(4) watershed protection; “(5) water supply; and “(6) drought preparedness. “(b) Cooperation.— An assessment under subsection (a) shall be carried out in cooperation and coordination with— “(1) the Secretary of the Interior; “(2) the Secretary of Agriculture; “(3) the Secretary of Commerce; “(4) the Administrator of the Environmental Protection Agency; and “(5) the heads of other appropriate agencies. “(c) Consultation.— In carrying out an assessment under subsection (a), the Secretary shall consult with Federal, tribal, State, interstate, and local governmental entities. “(d) Priority River Basins and Watersheds.— In selecting river basins and watersheds for assessment under this section, the Secretary shall give priority to— “(1) the Delaware River basin; “(2) the Kentucky River basin; “(3) the Potomac River basin; “(4) the Susquehanna River basin; and “(5) the Willamette River basin. “(e) Acceptance of Contributions.— In carrying out an assessment under subsection (a), the Secretary may accept contributions, in cash or in kind, from Federal, tribal, State, interstate, and local governmental entities to the extent that the Secretary determines that the contributions will facilitate completion of the assessment. “(f) Cost-Sharing Requirements.— “(1) Non-federal share.— The non-Federal share of the costs of an assessment carried out under this section shall be 50 percent. “(2) Credit.— “(A) In general.— Subject to subparagraph (B), the Secretary may credit toward the non-Federal share of an assessment under this section the cost of services, materials, supplies, or other in-kind contributions provided by the non-Federal interests for the assessment. “(B) Maximum amount of credit.— The credit under subparagraph (A) may not exceed an amount equal to 25 percent of the costs of the assessment. “(g) Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $15,000,000.”.Water Resources Development Act of 2007
Pub. L. 110–114 § 2010(1) · 121 Stat. 1041
Added · 33 U.S.C. § 2267a(d)(6)(10)
Pub. L. 110–114, § 2010(1), added pars. (6) to (10)
Source evidence
Code amendment note
Subsec. (d)(6) to (10). Pub. L. 110–114, § 2010(1), added pars. (6) to (10).Enacted provision · exact public law section
(1) in subsection (d)— (A) by striking “and” at the end of paragraph (4); (B) by striking the period at the end of paragraph (5) and inserting a semicolon; and (C) by adding at the end the following: “(6) Tuscarawas River Basin, Ohio; “(7) Sauk River Basin, Snohomish and Skagit Counties, Washington; “(8) Niagara River Basin, New York; “(9) Genesee River Basin, New York; and “(10) White River Basin, Arkansas and Missouri.” ;Water Resources Development Act of 2007
Pub. L. 110–114 § 2010(2) · 121 Stat. 1041
Added · 33 U.S.C. § 2267a(f)(1)
Pub. L. 110–114, § 2010(2), added par. (1)
Struck · 33 U.S.C. § 2267a(f)(1)
Pub. L. 110–114, § 2010(2), struck out heading and text of former par. (1). Text read as follows: “The non-Federal share of the costs of an assessment carried out under this section shall be 50 percent.”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 110–114, § 2010(2), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “The non-Federal share of the costs of an assessment carried out under this section shall be 50 percent.”Enacted provision · exact public law section
(2) by striking paragraph (1) of subsection (f) and inserting the following: “(1) Non-federal share.— The Effective date. non-Federal share of the costs of an assessment carried out under this section on or after December 11, 2000, shall be 25 percent.” ; andWater Resources Development Act of 2007
Pub. L. 110–114 § 2010(3) · 121 Stat. 1041
Struck · 33 U.S.C. § 2267a(g)
Pub. L. 110–114, § 2010(3), struck out heading and text of subsec. (g). Text read as follows: “There is authorized to be appropriated to carry out this section $15,000,000.”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 110–114, § 2010(3), struck out heading and text of subsec. (g). Text read as follows: “There is authorized to be appropriated to carry out this section $15,000,000.”Enacted provision · exact public law section
(3) by striking subsection (g).Water Resources Development Act of 2022
Pub. L. 117–263 § 8302(1) · 136 Stat. 2395
Added · 33 U.S.C. § 2267a(a)(7)(9)
Pub. L. 117–263, § 8302(1), added pars. (7) to (9)
Source evidence
Code amendment note
Subsec. (a)(7) to (9). Pub. L. 117–263, § 8302(1), added pars. (7) to (9).Enacted provision · exact public law section
(1) in subsection (a)— (A) in paragraph (5), by striking “and” at the end; (B) in paragraph (6), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: “(7) sea level rise; “(8) coastal storm damage reduction; and “(9) streambank and shoreline protection.” ; andWater Resources Development Act of 2022
Pub. L. 117–263 § 8302(2) · 136 Stat. 2395
Added · 33 U.S.C. § 2267a(d)(11)(13)
Pub. L. 117–263, § 8302(2), added pars. (11) to (13)
Source evidence
Code amendment note
Subsec. (d)(11) to (13). Pub. L. 117–263, § 8302(2), added pars. (11) to (13).Enacted provision · exact public law section
(2) in subsection (d)— (A) in paragraph (9), by striking “and” at the end; (B) in paragraph (10), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: “(11) New York-New Jersey Watershed Basin, which encompasses all the watersheds that flow into the New York-New Jersey Harbor and their associated estuaries, including the Hudson, Mohawk, Raritan, Passaic, Hackensack, and Bronx River Watersheds and the Hudson River Estuary; “(12) Mississippi River Watershed; and “(13) Chattahoochee River Basin, Alabama, Florida, and Georgia.” .Pub. L. 118–272 § 1143(1) · 138 Stat. 3034
Added · 33 U.S.C. § 2267a(d)(14)(18)
Pub. L. 118–272, § 1143(1), added pars. (14) to (18)
Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (d)(14) to (18). Pub. L. 118–272, § 1143(1), added pars. (14) to (18).Pub. L. 118–272 § 1143(2) · 138 Stat. 3034
Added · 33 U.S.C. § 2267a(g)
Pub. L. 118–272, § 1143(2), added subsec. (g)
Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (g). Pub. L. 118–272, § 1143(2), added subsec. (g).
8 of 10 references resolved to an enrolled provision · 2 unresolved
Editorial Notes
Amendments2000–2025 · 4 rounds
2025
Subsec. (d)(14) to (18). Pub. L. 118–272, § 1143(1), added pars. (14) to (18).
Subsec. (g). Pub. L. 118–272, § 1143(2), added subsec. (g).
2022
Subsec. (a)(7) to (9). Pub. L. 117–263, § 8302(1), added pars. (7) to (9).
Subsec. (d)(11) to (13). Pub. L. 117–263, § 8302(2), added pars. (11) to (13).
2007
Subsec. (d)(6) to (10). Pub. L. 110–114, § 2010(1), added pars. (6) to (10).
Subsec. (f)(1). Pub. L. 110–114, § 2010(2), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “The non-Federal share of the costs of an assessment carried out under this section shall be 50 percent.”
Subsec. (g). Pub. L. 110–114, § 2010(3), struck out heading and text of subsec. (g). Text read as follows: “There is authorized to be appropriated to carry out this section $15,000,000.”
2000
Pub. L. 106–541 amended section catchline and text generally. Prior to amendment, section read as follows:
“(a) The Secretary, in coordination with the Secretary of the Interior and in consultation with appropriate Federal, State, and local agencies, is authorized to study the water resources needs of river basins and regions of the United States. The Secretaries shall report the results of such study to Congress not later than .
“(b) In carrying out the studies authorized under subsection (a) of this section, the Secretaries shall consult with State, interstate, and local governmental entities.
“(c) There is authorized to be appropriated $5,000,000 for fiscal years beginning after , to carry out this section.”