Title 33 — Navigation and Navigable Waters
Chapter 36 — Water Resources Development
§ 2332. Shoreline and riverine protection and restoration
Statutory text
In general
The Secretary may carry out studies and projects to—
reduce flood and hurricane and storm damage hazards; or
restore the natural functions and values of rivers and shorelines throughout the United States.
Studies and projects
Authority
Studies
In carrying out subsection (a), the Secretary may carry out studies to identify appropriate measures for—
the reduction of flood and hurricane and storm damage hazards, including measures for erosion mitigation and bank stabilization; or
the conservation and restoration of the natural functions and values of rivers and shorelines.
Projects
Subject to subsection (f)(2), in carrying out subsection (a), the Secretary may design and implement projects described in subsection (a).
Consultation and coordination
The studies and projects carried out under this section shall be conducted, to the maximum extent practicable, in consultation and coordination with the Federal Emergency Management Agency and other appropriate Federal agencies, and in consultation and coordination with appropriate State and local agencies and tribes.
Nonstructural approaches
The studies and projects shall emphasize, to the maximum extent practicable and appropriate, nonstructural approaches to preventing or reducing flood and hurricane and storm damages, including the use of natural features or nature-based features.
Participation
The studies and projects shall be conducted, to the maximum extent practicable, in cooperation with State and local agencies and tribes to ensure the coordination of local flood and hurricane and storm damage reduction or riverine, shoreline, and wetland restoration studies with projects that conserve, restore, and manage hydrologic and hydraulic regimes and restore the natural functions and values of floodplains and coastal barriers.
Cost-sharing requirements
Studies
Studies conducted under this section shall be subject to cost sharing in accordance with section 2215 of this title, except that the first $200,000 of the costs of a study conducted under this section shall be at Federal expense.
Environmental restoration and nonstructural projects
In general
Design and construction of a project under this section that includes a nonstructural measure, a natural feature or nature-based feature, or an environmental restoration measure, shall be subject to cost sharing in accordance with section 2213 of this title, except that the non-Federal share of the cost to design and construct such a project benefitting an economically disadvantaged community (including economically disadvantaged communities located in urban and rural areas) shall be 10 percent.
Items provided by non-Federal interests
The non-Federal interests shall provide all land, easements, rights-of-way, dredged material disposal areas, and relocations necessary for such projects.
Credit
The value of such land, easements, rights-of-way, dredged material disposal areas, and relocations shall be credited toward the payment required under this paragraph.
Structural flood control or hurricane and storm damage reduction projects
Any structural flood control or hurricane and storm damage reduction projects carried out under this section shall be subject to cost sharing in accordance with section 2213 of this title, except that the non-Federal share of the cost to design and construct such a project benefitting an economically disadvantaged community (including economically disadvantaged communities located in urban and rural areas) shall be 10 percent.
Operation and maintenance
The non-Federal interests shall be responsible for all costs associated with operating, maintaining, replacing, repairing, and rehabilitating all projects carried out under this section.
Project justification
Notwithstanding any requirement for economic justification established under section 1962–2 of title 42, the Secretary may implement a project under this section if the Secretary determines that the project—
will significantly reduce potential flood, hurricane and storm, or erosion damages;
will improve the quality of the environment; and
is justified considering all costs and beneficial outputs of the project.
Areas for Examination
In general
In carrying out this section, the Secretary shall examine appropriate locations, including—
Pima County, Arizona, at Paseo De Las Iglesias and Rillito River;
Coachella Valley, Riverside County, California;
Los Angeles and San Gabriel Rivers, California;
Murrieta Creek, California;
Napa River Valley watershed, California, at Yountville, St. Helena, Calistoga, and American Canyon;
Santa Clara basin, California, at Upper Guadalupe River and Tributaries, San Francisquito Creek, and Upper Penitencia Creek;
Pond Creek, Kentucky;
Red River of the North, Minnesota, North Dakota, and South Dakota;
Connecticut River, New Hampshire;
Pine Mount Creek, New Jersey;
Southwest Valley, Albuquerque, New Mexico;
Upper Delaware River, New York;
Briar Creek, North Carolina;
Chagrin River, Ohio;
Mill Creek, Cincinnati, Ohio;
Tillamook County, Oregon;
Willamette River basin, Oregon;
Blair County, Pennsylvania, at Altoona and Frankstown Township;
Delaware River, Pennsylvania;
Schuylkill River, Pennsylvania;
Providence County, Rhode Island;
Shenandoah River, Virginia;
Lincoln Creek, Wisconsin;
Perry Creek, Iowa;
Lester, St. Louis, East Savanna, and Floodwood Rivers, Duluth, Minnesota;
Lower Hudson River and tributaries, New York;
Susquehanna River watershed, Bradford County, Pennsylvania;
Clear Creek, Harris, Galveston, and Brazoria Counties, Texas;
Ascension Parish, Louisiana;
East Baton Rouge Parish, Louisiana;
Iberville Parish, Louisiana;
Livingston Parish, Louisiana; and
Pointe Coupee Parish, Louisiana.
Priority projects
In carrying out this section, the Secretary shall prioritize projects for the following locations:
Delaware beaches and watersheds, Delaware.
Louisiana Coastal Area, Louisiana.
Great Lakes Shores and Watersheds.
Oregon Coastal Area and Willamette River basin, Oregon.
Upper Missouri River Basin.
Ohio River Tributaries and their watersheds, West Virginia.
Chesapeake Bay watershed and Maryland beaches, Maryland.
City of Southport, North Carolina.
Maumee River, Ohio.
Los Angeles and San Gabriel Rivers, California.
Kentucky River and its tributaries and watersheds.
Shoreline of the State of Connecticut.
Winooski River tributary watershed, Vermont.
Procedure
All projects
The Secretary shall not implement any project under this section until—
the Secretary submits to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notification describing the project and the determinations made under subsection (d)(1); and
21 calendar days have elapsed after the date on which the notification was received by the committees.
Projects requiring specific authorization
If the Federal share of the cost to design and construct a project under this section exceeds $15,000,000, the Secretary may only carry out the project if Congress enacts a law authorizing the Secretary to carry out the project.
Definitions
In this section:
Economically disadvantaged community
The term “economically disadvantaged community” has the meaning given the term as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note).
Natural feature; nature-based feature
The terms “natural feature” and “nature-based feature” have the meanings given those terms in section 2289a(a) of this title.
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. 106–53 title II § 212 · 113 Stat. 269
Enacted · 33 U.S.C. § 2332
Pub. L. 106–53, title II, § 212, Aug. 17, 1999, 113 Stat. 288
Source evidence
Code source credit
Pub. L. 106–53, title II, § 212, Aug. 17, 1999, 113 Stat. 288Enacted provision · exact public law section
SEC. 212. FLOOD MITIGATION AND RIVERINE RESTORATION PROGRAM. (a) In General.— The Secretary may undertake a program for the purpose of conducting projects to reduce flood hazards and restore the natural functions and values of rivers throughout the United States. (b) Studies and Projects.— (1) Authority.— In carrying out the program, the Secretary may conduct studies to identify appropriate flood damage reduction, conservation, and restoration measures and may design and implement projects described in subsection (a). (2) Consultation and coordination.— The studies and projects carried out under this section shall be conducted, to the maximum extent practicable, in consultation and coordination with the Federal Emergency Management Agency and other appropriate Federal agencies, and in consultation and coordination with appropriate State and local agencies and tribes. (3) Nonstructural approaches.— The studies and projects shall emphasize, to the maximum extent practicable and appropriate, nonstructural approaches to preventing or reducing flood damages. (4) Participation.— The studies and projects shall be conducted, to the maximum extent practicable, in cooperation with State and local agencies and tribes to ensure the coordination of local flood damage reduction or riverine and wetland restoration studies with projects that conserve, restore, and manage hydrologic and hydraulic regimes and restore the natural functions and values of floodplains. (c) Cost-Sharing Requirements.— (1) Studies.— Studies conducted under this section shall be subject to cost sharing in accordance with section 105 of the Water Resources Development Act of 1986 (33 U.S.C. 2215). (2) Environmental restoration and nonstructural flood control projects.— (A) In general.— The non-Federal interests shall pay 35 percent of the cost of any environmental restoration or nonstructural flood control project carried out under this section. (B) Items provided by non-federal interests.— The non-Federal interests shall provide all land, easements, rights-of-way, dredged material disposal areas, and relocations necessary for such projects. (C) Credit.— The value of such land, easements, rights-of-way, dredged material disposal areas, and relocations shall be credited toward the payment required under this paragraph. (3) Structural flood control projects.— Any structural flood control projects carried out under this section shall be subject to cost sharing in accordance with section 103(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(a)). (4) Operation and maintenance.— The non-Federal interests shall be responsible for all costs associated with operating, maintaining, replacing, repairing, and rehabilitating all projects carried out under this section. (d) Project Justification.— (1) In general.— Notwithstanding any other provision of law or requirement for economic justification established under section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962–2), the Secretary may implement a project under this section if the Secretary determines that the project— (A) will significantly reduce potential flood damages; (B) will improve the quality of the environment; and (C) is justified considering all costs and beneficial outputs of the project. (2) Establishment of selection and rating criteria and policies.— (A) In general.— Not later than 180 days after the Deadline. date of enactment of this Act, the Secretary, in cooperation with State and local agencies and tribes, shall— (i) develop, and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, criteria for selecting and rating projects to be carried out under this section; and (ii) establish policies and procedures for carrying out the studies and projects undertaken under this section. (B) Criteria.— The criteria referred to in subparagraph (A)(i) shall include, as a priority, the extent to which the appropriate State government supports the project. (e) Priority Areas.— In carrying out this section, the Secretary shall examine appropriate locations, including— (1) Pima County, Arizona, at Paseo De Las Iglesias and Rillito River; (2) Coachella Valley, Riverside County, California; (3) Los Angeles and San Gabriel Rivers, California; (4) Murrieta Creek, California; (5) Napa River Valley watershed, California, at Yountville, St. Helena, Calistoga, and American Canyon; (6) Santa Clara basin, California, at Upper Guadalupe River and Tributaries, San Francisquito Creek, and Upper Penitencia Creek; (7) Pond Creek, Kentucky; (8) Red River of the North, Minnesota, North Dakota, and South Dakota; (9) Connecticut River, New Hampshire; (10) Pine Mount Creek, New Jersey; (11) Southwest Valley, Albuquerque, New Mexico; (12) Upper Delaware River, New York; (13) Briar Creek, North Carolina; (14) Chagrin River, Ohio; (15) Mill Creek, Cincinnati, Ohio; (16) Tillamook County, Oregon; (17) Willamette River basin, Oregon; (18) Blair County, Pennsylvania, at Altoona and Frankstown Township; (19) Delaware River, Pennsylvania; (20) Schuylkill River, Pennsylvania; (21) Providence County, Rhode Island; (22) Shenandoah River, Virginia; and (23) Lincoln Creek, Wisconsin. (f) Program Review.— (1) In general.— The program established under this section shall be subject to an independent review to evaluate the efficacy of the program in achieving the dual goals of flood hazard mitigation and riverine restoration. (2) Report.— Not later than April 15, 2003, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the findings of the review conducted under this subsection with any recommendations concerning continuation of the program. (g) Maximum Federal Cost Per Project.— Not more than $30,000,000 may be expended by the United States on any single project under this section. (h) Procedure.— (1) All projects.— The Secretary shall not implement any project under this section until— (A) the Secretary submits to the Committee on Notification. Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notification describing the project and the determinations made under subsection (d)(1); and (B) 21 calendar days have elapsed after the date on which the notification was received by the committees. (2) Projects exceeding $15,000,000.— (A) Limitation on appropriations.— No appropriation shall be made to construct any project under this section the total Federal cost of construction of which exceeds $15,000,000 if the project has not been approved by resolutions adopted by the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (B) Report.— For the purpose of securing consideration of approval under this paragraph, the Secretary shall submit a report on the proposed project, including all relevant data and information on all costs. (i) Authorization of Appropriations.— (1) In general.— There are authorized to be appropriated to carry out this section— (A) $20,000,000 for fiscal year 2001; (B) $30,000,000 for fiscal year 2002; and (C) $50,000,000 for each of fiscal years 2003 through 2005. (2) Full funding.— All studies and projects carried out under this section from Army Civil Works appropriations shall be fully funded within the program funding levels provided in this subsection.Pub. L. 106–541 title II § 227 · 114 Stat. 2572
Added · 33 U.S.C. § 2332(e)(24)(28)
Pub. L. 106–541 added pars. (24) to (28)
Source evidence
Code amendment note
Subsec. (e)(24) to (28). Pub. L. 106–541 added pars. (24) to (28).Enacted provision · exact public law section
SEC. 227. FLOOD MITIGATION AND RIVERINE RESTORATION. Section 212(e) of the Water Resources Development Act of 1999 (33 U.S.C. 2332(e)) is amended— (1) by striking “and” at the end of paragraph (22); (2) by striking the period at the end of paragraph (23) and inserting “; and”; and (3) by adding at the end the following: “(24) Perry Creek, Iowa; “(25) Lester, St. Louis, East Savanna, and Floodwood Rivers, Duluth, Minnesota; “(26) Lower Hudson River and tributaries, New York; “(27) Susquehanna River watershed, Bradford County, Pennsylvania; and “(28) Clear Creek, Harris, Galveston, and Brazoria Counties, Texas.”.Water Resources Development Act of 2007
Pub. L. 110–114 § 5005(a)(1) · 121 Stat. 1041
Struck · 33 U.S.C. § 2332(e)(23)
Pub. L. 110–114, § 5005(a)(1), struck out “and” at end
Source evidence
Code amendment note
Subsec. (e)(23). Pub. L. 110–114, § 5005(a)(1), struck out “and” at end.Enacted provision · exact public law section
(1) by striking “and” at the end of paragraphs (23) and (27);Water Resources Development Act of 2007
Pub. L. 110–114 § 5005(a) · 121 Stat. 1041
Added · 33 U.S.C. § 2332(e)(29)(33)
Pub. L. 110–114, § 5005(a), added pars. (29) to (33)
Source evidence
Code amendment note
Subsec. (e)(29) to (33). Pub. L. 110–114, § 5005(a), added pars. (29) to (33).Enacted provision · exact public law section
(a) In General.— Section 212(e) of the Water Resources Development Act of 1999 (33 U.S.C. 2332(e); 114 Stat. 2599) is amended— (1) by striking “and” at the end of paragraphs (23) and (27); (2) by striking the period at the end of paragraph (28) and inserting a semicolon; and (3) by adding at the end the following: “(29) Ascension Parish, Louisiana; “(30) East Baton Rouge Parish, Louisiana; “(31) Iberville Parish, Louisiana; “(32) Livingston Parish, Louisiana; and “(33) Pointe Coupee Parish, Louisiana.” .Water Resources Development Act of 2007
Pub. L. 110–114 § 5005(b) · 121 Stat. 1041
Substituted · 33 U.S.C. § 2332(i)(1)
Pub. L. 110–114, § 5005(b), substituted “section $20,000,000” for “section—
Source evidence
Code amendment note
Subsec. (i)(1). Pub. L. 110–114, § 5005(b), substituted “section $20,000,000” for “section—“(A) $20,000,000 for fiscal year 2001; “(B) $30,000,000 for fiscal year 2002; and “(C) $50,000,000 for each of fiscal years 2003 through 2005”.
Enacted provision · exact public law section
(b) Authorization of Appropriations.— Section 212(i)(1) of such Act (33 U.S.C. 2332(i)(1)) is amended by striking “section—” and all that follows before the period at the end and inserting “section $20,000,000”.Water Resources Development Act of 2022
Pub. L. 117–263 § 8103(a)(1) · 136 Stat. 2395
Substituted · 33 U.S.C. § 2332
Pub. L. 117–263, § 8103(a)(1), substituted “Shoreline and riverine protection and restoration” for “Flood mitigation and riverine restoration program” in section catchline
Source evidence
Code amendment note
Pub. L. 117–263, § 8103(a)(1), substituted “Shoreline and riverine protection and restoration” for “Flood mitigation and riverine restoration program” in section catchline.Enacted provision · exact public law section
(1) in the section heading, by striking “flood mitigation and riverine restoration program” and inserting “shoreline and riverine protection and restoration”;Water Resources Development Act of 2022
Pub. L. 117–263 § 8103(a)(2) · 136 Stat. 2395
Added · 33 U.S.C. § 2332(a)
Pub. L. 117–263, § 8103(a)(2), added subsec. (a)
Struck · 33 U.S.C. § 2332(a)
Pub. L. 117–263, § 8103(a)(2), struck out former subsec. (a). Prior to amendment, text read as follows: “The Secretary may undertake a program for the purpose of conducting projects to reduce flood hazards and restore the natural functions and values of rivers throughout the United States.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 117–263, § 8103(a)(2), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The Secretary may undertake a program for the purpose of conducting projects to reduce flood hazards and restore the natural functions and values of rivers throughout the United States.”Enacted provision · exact public law section
(2) by striking subsection (a) and inserting the following: “(a) In General.— The Secretary may carry out studies and projects to— “(1) reduce flood and hurricane and storm damage hazards; or “(2) restore the natural functions and values of rivers and shorelines throughout the United States.” ;Water Resources Development Act of 2022
Pub. L. 117–263 § 8103(a)(3)(A) · 136 Stat. 2395
Added · 33 U.S.C. § 2332(b)(1)
Pub. L. 117–263, § 8103(a)(3)(A) added par. (1)
Struck · 33 U.S.C. § 2332(b)(1)
Pub. L. 117–263, § 8103(a)(3)(A) struck out former par. (1). Prior to amendment, text read as follows: “In carrying out the program, the Secretary may conduct studies to identify appropriate flood damage reduction, conservation, and restoration measures and may design and implement projects described in subsection (a).”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 117–263, § 8103(a)(3)(A) added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “In carrying out the program, the Secretary may conduct studies to identify appropriate flood damage reduction, conservation, and restoration measures and may design and implement projects described in subsection (a).”Enacted provision · exact public law section
(A) by striking paragraph (1) and inserting the following: “(1) Authority.— “(A) Studies.— In carrying out subsection (a), the Secretary may carry out studies to identify appropriate measures for— “(i) the reduction of flood and hurricane and storm damage hazards, including measures for erosion mitigation and bank stabilization; or “(ii) the conservation and restoration of the natural functions and values of rivers and shorelines. “(B) Projects.— Subject to subsection (f)(2), in carrying out subsection (a), the Secretary may design and implement projects described in subsection (a).” ;Water Resources Development Act of 2022
Pub. L. 117–263 § 8103(a)(3)(B) · 136 Stat. 2395
Substituted · 33 U.S.C. § 2332(b)(3)
Pub. L. 117–263, § 8103(a)(3)(B), substituted “flood and hurricane and storm damages, including the use of natural features or nature-based features” for “flood damages”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 117–263, § 8103(a)(3)(B), substituted “flood and hurricane and storm damages, including the use of natural features or nature-based features” for “flood damages”.Enacted provision · exact public law section
(B) in paragraph (3), by striking “flood damages” and inserting “flood and hurricane and storm damages, including the use of natural features or nature-based features”; andWater Resources Development Act of 2022
Pub. L. 117–263 § 8103(a)(3)(C) · 136 Stat. 2395
Inserted · 33 U.S.C. § 2332(b)(4)
Pub. L. 117–263, § 8103(a)(3)(C), inserted “and hurricane and storm” after “flood”, “, shoreline,” after “riverine”, and “and coastal barriers” after “floodplains”
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 117–263, § 8103(a)(3)(C), inserted “and hurricane and storm” after “flood”, “, shoreline,” after “riverine”, and “and coastal barriers” after “floodplains”.Enacted provision · exact public law section
(C) in paragraph (4)— (i) by inserting “and hurricane and storm” after “flood”; (ii) by inserting “, shoreline,” after “riverine”; and (iii) by inserting “and coastal barriers” after “floodplains”;Water Resources Development Act of 2022
Pub. L. 117–263 § 8103(a)(4)(A) · 136 Stat. 2395
Inserted · 33 U.S.C. § 2332(c)(1)
Pub. L. 117–263, § 8103(a)(4)(A), inserted “, except that the first $200,000 of the costs of a study conducted under this section shall be at Federal expense” before period at end
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 117–263, § 8103(a)(4)(A), inserted “, except that the first $200,000 of the costs of a study conducted under this section shall be at Federal expense” before period at end.Enacted provision · exact public law section
(A) in paragraph (1), by inserting “, except that the first $200,000 of the costs of a study conducted under this section shall be at Federal expense” before the period;Water Resources Development Act of 2022
Pub. L. 117–263 § 8103(a)(4)(B)(i) · 136 Stat. 2395
Struck · 33 U.S.C. § 2332(c)(2)
Pub. L. 117–263, § 8103(a)(4)(B)(i), struck out “flood control” after “nonstructural” in heading
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 117–263, § 8103(a)(4)(B)(i), struck out “flood control” after “nonstructural” in heading.Enacted provision · exact public law section
(i) in the paragraph heading, by striking “flood control”; andWater Resources Development Act of 2022
Pub. L. 117–263 § 8103(a)(4)(B)(ii) · 136 Stat. 2395
Added · 33 U.S.C. § 2332(c)(2)(A)
Pub. L. 117–263, § 8103(a)(4)(B)(ii), added subpar. (A)
Struck · 33 U.S.C. § 2332(c)(2)(A)
Pub. L. 117–263, § 8103(a)(4)(B)(ii), struck out former subpar. (A). Prior to amendment, text read as follows: “The non-Federal interests shall pay 35 percent of the cost of any environmental restoration or nonstructural flood control project carried out under this section.”
Source evidence
Code amendment note
Subsec. (c)(2)(A). Pub. L. 117–263, § 8103(a)(4)(B)(ii), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “The non-Federal interests shall pay 35 percent of the cost of any environmental restoration or nonstructural flood control project carried out under this section.”Enacted provision · exact public law section
(ii) by striking subparagraph (A) and inserting the following: “(A) In general.— Design and construction of a project under this section that includes a nonstructural measure, a natural feature or nature-based feature, or an environmental restoration measure, shall be subject to cost sharing in accordance with section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213), except that the non-Federal share of the cost to design and construct such a project benefitting an economically disadvantaged community (including economically disadvantaged communities located in urban and rural areas) shall be 10 percent.” ; andWater Resources Development Act of 2022
Pub. L. 117–263 § 8103(a)(4)(C) · 136 Stat. 2395
Inserted · 33 U.S.C. § 2332(c)(3)
Pub. L. 117–263, § 8103(a)(4)(C), inserted “or hurricane and storm damage reduction” after “flood control” in heading and text
Substituted · 33 U.S.C. § 2332(c)(3)
Pub. L. 117–263, § 8103(a)(4)(C), substituted “section 2213 of this title, except that the non-Federal share of the cost to design and construct such a project benefitting an economically disadvantaged community (including economically disadvantaged communities located in urban and rural areas) shall be 10 percent” for “section 2213(a) of this title” in text
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 117–263, § 8103(a)(4)(C), inserted “or hurricane and storm damage reduction” after “flood control” in heading and text, and substituted “section 2213 of this title, except that the non-Federal share of the cost to design and construct such a project benefitting an economically disadvantaged community (including economically disadvantaged communities located in urban and rural areas) shall be 10 percent” for “section 2213(a) of this title” in text.Enacted provision · exact public law section
(C) in paragraph (3)— (i) in the paragraph heading, by inserting “or hurricane and storm damage reduction” after “flood control”; (ii) by inserting “or hurricane and storm damage reduction” after “flood control” ; and (iii) by striking “section 103(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(a))” and inserting “section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213), except that the non-Federal share of the cost to design and construct such a project benefitting an economically disadvantaged community (including economically disadvantaged communities located in urban and rural areas) shall be 10 percent”;Water Resources Development Act of 2022
Pub. L. 117–263 § 8103(a)(5) · 136 Stat. 2395
Added · 33 U.S.C. § 2332(d)
Pub. L. 117–263, § 8103(a)(5), added subsec. (d)
Struck · 33 U.S.C. § 2332(d)
Pub. L. 117–263, § 8103(a)(5), struck out former subsec. (d) which related to project justification
Source evidence
Code amendment note
Subsec. (d). Pub. L. 117–263, § 8103(a)(5), added subsec. (d) and struck out former subsec. (d) which related to project justification.Enacted provision · exact public law section
(5) by striking subsection (d) and inserting the following: “(d) Project Justification.— Notwithstanding any requirement for economic justification established under section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962–2), the Secretary may implement a project under this section if the Secretary determines that the project— “(1) will significantly reduce potential flood, hurricane and storm, or erosion damages; “(2) will improve the quality of the environment; and “(3) is justified considering all costs and beneficial outputs of the project.” ;Water Resources Development Act of 2022
Pub. L. 117–263 § 8103(a)(6) · 136 Stat. 2395
Substituted · 33 U.S.C. § 2332(e)
Pub. L. 117–263, § 8103(a)(6), substituted “Areas for Examination” for “Priority areas” in subsec. heading
Amended · 33 U.S.C. § 2332(e)
Pub. L. 117–263, § 8103(a)(6), designated existing provisions as par. (1)
Inserted · 33 U.S.C. § 2332(e)
Pub. L. 117–263, § 8103(a)(6), inserted par. heading
Redesignated · 33 U.S.C. § 2332(e)
Pub. L. 117–263, § 8103(a)(6), redesignated former pars. (1) to (33) as subpars. (A) to (GG), respectively, of par. (1) and realigned margins
Added · 33 U.S.C. § 2332(e)
Pub. L. 117–263, § 8103(a)(6), added par. (2)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 117–263, § 8103(a)(6), substituted “Areas for Examination” for “Priority areas” in subsec. heading, designated existing provisions as par. (1) and inserted par. heading, redesignated former pars. (1) to (33) as subpars. (A) to (GG), respectively, of par. (1) and realigned margins, and added par. (2).Enacted provision · exact public law section
(6) in subsection (e)— (A) in the subsection heading, by striking “Priority Areas” and inserting “Areas for Examination”; (B) by redesignating paragraphs (1) through (33) as subparagraphs (A) through (GG), respectively, and adjusting the margins appropriately; (C) by striking “In carrying out” and inserting the following: “(1) In general.— In carrying out” ; and (D) by adding at the end the following: “(2) Priority projects.— In carrying out this section, the Secretary shall prioritize projects for the following locations: “(A) Delaware beaches and watersheds, Delaware. “(B) Louisiana Coastal Area, Louisiana. “(C) Great Lakes Shores and Watersheds. “(D) Oregon Coastal Area and Willamette River basin, Oregon. “(E) Upper Missouri River Basin. “(F) Ohio River Tributaries and their watersheds, West Virginia. “(G) Chesapeake Bay watershed and Maryland beaches, Maryland. “(H) City of Southport, North Carolina. “(I) Maumee River, Ohio. “(J) Los Angeles and San Gabriel Rivers, California. “(K) Kentucky River and its tributaries and watersheds.” ;Water Resources Development Act of 2022
Pub. L. 117–263 § 8103(a)(7) · 136 Stat. 2395
Redesignated · 33 U.S.C. § 2332(f)
Pub. L. 117–263, § 8103(a)(7), (8), redesignated subsec. (h) as (f)
Struck · 33 U.S.C. § 2332(f)
Pub. L. 117–263, § 8103(a)(7), (8), struck out former subsec. (f) which related to program review
Source evidence
Code amendment note
Subsec. (f). Pub. L. 117–263, § 8103(a)(7), (8), redesignated subsec. (h) as (f) and struck out former subsec. (f) which related to program review.Enacted provision · exact public law section
(7) by striking subsections (f), (g), and (i);Water Resources Development Act of 2022
Pub. L. 117–263 § 8103(a)(9) · 136 Stat. 2395
Added · 33 U.S.C. § 2332(f)(2)
Pub. L. 117–263, § 8103(a)(9), added par. (2)
Struck · 33 U.S.C. § 2332(f)(2)
Pub. L. 117–263, § 8103(a)(9), struck out former par. (2) which related to projects exceeding $15,000,000
Source evidence
Code amendment note
Subsec. (f)(2). Pub. L. 117–263, § 8103(a)(9), added par. (2) and struck out former par. (2) which related to projects exceeding $15,000,000.Enacted provision · exact public law section
(9) in subsection (f) (as so redesignated), by striking paragraph (2) and inserting the following: “(2) Projects requiring specific authorization.— If the Federal share of the cost to design and construct a project under this section exceeds $15,000,000, the Secretary may only carry out the project if Congress enacts a law authorizing the Secretary to carry out the project.” ; andWater Resources Development Act of 2022
Pub. L. 117–263 § 8103(a)(7) · 136 Stat. 2395
Added · 33 U.S.C. § 2332(g)
Pub. L. 117–263, § 8103(a)(7), (10), added subsec. (g)
Struck · 33 U.S.C. § 2332(g)
Pub. L. 117–263, § 8103(a)(7), (10), struck out former subsec. (g). Prior to amendment, text read as follows: “Not more than $30,000,000 may be expended by the United States on any single project under this section.”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 117–263, § 8103(a)(7), (10), added subsec. (g) and struck out former subsec. (g). Prior to amendment, text read as follows: “Not more than $30,000,000 may be expended by the United States on any single project under this section.”Enacted provision · exact public law section
(7) by striking subsections (f), (g), and (i);Water Resources Development Act of 2022
Pub. L. 117–263 § 8103(a)(8) · 136 Stat. 2395
Redesignated · 33 U.S.C. § 2332(h)
Pub. L. 117–263, § 8103(a)(8), redesignated subsec. (h) as (f)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 117–263, § 8103(a)(8), redesignated subsec. (h) as (f).Enacted provision · exact public law section
(8) by redesignating subsection (h) as subsection (f);Water Resources Development Act of 2022
Pub. L. 117–263 § 8103(a)(7) · 136 Stat. 2395
Struck · 33 U.S.C. § 2332(i)
Pub. L. 117–263, § 8103(a)(7), struck out subsec. (i) which related to authorization of appropriations
Source evidence
Code amendment note
Subsec. (i). Pub. L. 117–263, § 8103(a)(7), struck out subsec. (i) which related to authorization of appropriations.Enacted provision · exact public law section
(7) by striking subsections (f), (g), and (i);Pub. L. 118–272 div. A title I § 1138 · 138 Stat. 3026
Added · 33 U.S.C. § 2332(e)(2)(L); 33 U.S.C. § 2332(e)(2)(M)
Pub. L. 118–272 added subpars. (L) and (M)
Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (e)(2)(L), (M). Pub. L. 118–272 added subpars. (L) and (M).
33 of 34 references resolved to an enrolled provision · 1 unresolved
Editorial Notes
References in Text
Section 160 of the Water Resources Development Act of 2020, referred to in subsec. (g)(1), is section 160 of div. AA of Pub. L. 116–260, which is set out as a note under section 2201 of this title.
Codification
Section was enacted as part of the Water Resources Development Act of 1999, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Amendments2000–2025 · 4 rounds
2025
Subsec. (e)(2)(L), (M). Pub. L. 118–272 added subpars. (L) and (M).
2022
Pub. L. 117–263, § 8103(a)(1), substituted “Shoreline and riverine protection and restoration” for “Flood mitigation and riverine restoration program” in section catchline.
Subsec. (a). Pub. L. 117–263, § 8103(a)(2), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The Secretary may undertake a program for the purpose of conducting projects to reduce flood hazards and restore the natural functions and values of rivers throughout the United States.”
Subsec. (b)(1). Pub. L. 117–263, § 8103(a)(3)(A) added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “In carrying out the program, the Secretary may conduct studies to identify appropriate flood damage reduction, conservation, and restoration measures and may design and implement projects described in subsection (a).”
Subsec. (b)(3). Pub. L. 117–263, § 8103(a)(3)(B), substituted “flood and hurricane and storm damages, including the use of natural features or nature-based features” for “flood damages”.
Subsec. (b)(4). Pub. L. 117–263, § 8103(a)(3)(C), inserted “and hurricane and storm” after “flood”, “, shoreline,” after “riverine”, and “and coastal barriers” after “floodplains”.
Subsec. (c)(1). Pub. L. 117–263, § 8103(a)(4)(A), inserted “, except that the first $200,000 of the costs of a study conducted under this section shall be at Federal expense” before period at end.
Subsec. (c)(2). Pub. L. 117–263, § 8103(a)(4)(B)(i), struck out “flood control” after “nonstructural” in heading.
Subsec. (c)(2)(A). Pub. L. 117–263, § 8103(a)(4)(B)(ii), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “The non-Federal interests shall pay 35 percent of the cost of any environmental restoration or nonstructural flood control project carried out under this section.”
Subsec. (c)(3). Pub. L. 117–263, § 8103(a)(4)(C), inserted “or hurricane and storm damage reduction” after “flood control” in heading and text, and substituted “section 2213 of this title, except that the non-Federal share of the cost to design and construct such a project benefitting an economically disadvantaged community (including economically disadvantaged communities located in urban and rural areas) shall be 10 percent” for “section 2213(a) of this title” in text.
Subsec. (d). Pub. L. 117–263, § 8103(a)(5), added subsec. (d) and struck out former subsec. (d) which related to project justification.
Subsec. (e). Pub. L. 117–263, § 8103(a)(6), substituted “Areas for Examination” for “Priority areas” in subsec. heading, designated existing provisions as par. (1) and inserted par. heading, redesignated former pars. (1) to (33) as subpars. (A) to (GG), respectively, of par. (1) and realigned margins, and added par. (2).
Subsec. (f). Pub. L. 117–263, § 8103(a)(7), (8), redesignated subsec. (h) as (f) and struck out former subsec. (f) which related to program review.
Subsec. (f)(2). Pub. L. 117–263, § 8103(a)(9), added par. (2) and struck out former par. (2) which related to projects exceeding $15,000,000.
Subsec. (g). Pub. L. 117–263, § 8103(a)(7), (10), added subsec. (g) and struck out former subsec. (g). Prior to amendment, text read as follows: “Not more than $30,000,000 may be expended by the United States on any single project under this section.”
Subsec. (h). Pub. L. 117–263, § 8103(a)(8), redesignated subsec. (h) as (f).
Subsec. (i). Pub. L. 117–263, § 8103(a)(7), struck out subsec. (i) which related to authorization of appropriations.
2007
Subsec. (e)(23). Pub. L. 110–114, § 5005(a)(1), struck out “and” at end.
Subsec. (e)(29) to (33). Pub. L. 110–114, § 5005(a), added pars. (29) to (33).
Subsec. (i)(1). Pub. L. 110–114, § 5005(b), substituted “section $20,000,000” for “section—
“(A) $20,000,000 for fiscal year 2001;
“(B) $30,000,000 for fiscal year 2002; and
“(C) $50,000,000 for each of fiscal years 2003 through 2005”.
2000
Subsec. (e)(24) to (28). Pub. L. 106–541 added pars. (24) to (28).
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.
“Secretary” Defined
Secretary means the Secretary of the Army, see section 2 of Pub. L. 106–53, set out as a note under section 2201 of this title.