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Title 33 — Navigation and Navigable Waters

Chapter 52 — Water Infrastructure Finance and Innovation

§ 3905. Projects eligible for assistance

Statutory text

The following projects may be carried out with amounts made available under this chapter:

(1)

Any project for flood damage reduction, hurricane and storm damage reduction, environmental restoration, coastal or inland harbor navigation improvement, or inland and intracoastal waterways navigation improvement that the Secretary determines is technically sound, economically justified, and environmentally acceptable, including—

(A)

a project to reduce flood damage;

(B)

a project to restore aquatic ecosystems;

(C)

a project to improve the inland and intracoastal waterways navigation system of the United States; and

(D)

a project to improve navigation of a coastal or inland harbor of the United States, including channel deepening and construction of associated general navigation features.

(2)

1 or more activities that are eligible for assistance under section 1383(c) of this title, notwithstanding the public ownership requirement under paragraph (1) of that subsection.

(3)

1 or more activities described in section 300j–12(a)(2) of title 42.

(4)

A project for enhanced energy efficiency in the operation of a public water system or a publicly owned treatment works.

(5)

A project for repair, rehabilitation, or replacement of a treatment works, community water system, or aging water distribution or waste collection facility (including a facility that serves a population or community of an Indian reservation).

(6)

A brackish or sea water desalination project, including chloride control, a managed aquifer recharge project, a water recycling project, or a project to provide alternative water supplies to reduce aquifer depletion.

(7)

A project to prevent, reduce, or mitigate the effects of drought, including projects that enhance the resilience of drought-stricken watersheds.

(8)

Acquisition of real property or an interest in real property—

(A)

if the acquisition is integral to a project described in paragraphs (1) through (6); or

(B)

pursuant to an existing plan that, in the judgment of the Administrator or the Secretary, as applicable, would mitigate the environmental impacts of water resources infrastructure projects otherwise eligible for assistance under this section.

(9)

A combination of projects, each of which is eligible under paragraph (2) or (3), for which a State infrastructure financing authority submits to the Administrator a single application.

(10)

A combination of projects secured by a common security pledge, each of which is eligible under paragraph (1), (2), (3), (4), (5), (6), (7), or (8), for which an eligible entity, or a combination of eligible entities, submits a single application.

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 Infrastructure Finance and Innovation Act of 2014

    Pub. L. 113–121 title V § 5026 · 128 Stat. 1193

    Enacted · 33 U.S.C. § 3905

    Pub. L. 113–121, title V, § 5026, June 10, 2014, 128 Stat. 1334

    Source evidence

    Code source credit
    Pub. L. 113–121, title V, § 5026, June 10, 2014, 128 Stat. 1334

    Enacted provision · exact public law section
    SEC. 5026. PROJECTS ELIGIBLE FOR ASSISTANCE.   The following projects may be carried out with amounts made available under this subtitle: (1) Any project for flood damage reduction, hurricane and storm damage reduction, environmental restoration, coastal or inland harbor navigation improvement, or inland and intracoastal waterways navigation improvement that the Secretary determines is technically sound, economically justified, and environmentally acceptable, including— (A) a project to reduce flood damage; (B) a project to restore aquatic ecosystems; (C) a project to improve the inland and intracoastal waterways navigation system of the United States; and (D) a project to improve navigation of a coastal or inland harbor of the United States, including channel deepening and construction of associated general navigation features. (2) 1 or more activities that are eligible for assistance under section 603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)), notwithstanding the public ownership requirement under paragraph (1) of that subsection. (3) 1 or more activities described in section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j–12(a)(2)). (4) A project for enhanced energy efficiency in the operation of a public water system or a publicly owned treatment works. (5) A project for repair, rehabilitation, or replacement of a treatment works, community water system, or aging water distribution or waste collection facility (including a facility that serves a population or community of an Indian reservation). (6) A brackish or sea water desalination project, a managed aquifer recharge project, or a water recycling project. (7) Acquisition of real property or an interest in real property— (A) if the acquisition is integral to a project described in paragraphs (1) through (6); or (B) pursuant to an existing plan that, in the judgment of the Administrator or the Secretary, as applicable, would mitigate the environmental impacts of water resources infrastructure projects otherwise eligible for assistance under this section. (8) A combination of projects, each of which is eligible under paragraph (2) or (3), for which a State infrastructure financing authority submits to the Administrator a single application. (9) A combination of projects secured by a common security pledge, each of which is eligible under paragraph (1), (2), (3), (4), (5), (6), or (7), for which an eligible entity, or a combination of eligible entities, submits a single application.

  2. Water Infrastructure Improvements for the Nation Act

    Pub. L. 114–322 § 5008(b)(1)(A) · 130 Stat. 1628

    1. Substituted · 33 U.S.C. § 3905(6)

      Pub. L. 114–322, § 5008(b)(1)(A), substituted “desalination project, including chloride control” for “desalination project”

    2. Substituted · 33 U.S.C. § 3905(6)

      Pub. L. 114–322, § 5008(b)(1)(A), substituted “a water recycling project, or a project to provide alternative water supplies to reduce aquifer depletion” for “or a water recycling project”

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 114–322, § 5008(b)(1)(A), substituted “desalination project, including chloride control” for “desalination project” and “a water recycling project, or a project to provide alternative water supplies to reduce aquifer depletion” for “or a water recycling project”.

    Enacted provision · exact public law section
    (A) in paragraph (6)— (i) by striking “desalination project” and inserting “desalination project, including chloride control”; and (ii) by striking “or a water recycling project” and inserting “a water recycling project, or a project to provide alternative water supplies to reduce aquifer depletion”;

  3. Water Infrastructure Improvements for the Nation Act

    Pub. L. 114–322 § 5008(b)(1)(B) · 130 Stat. 1628

    1. Added · 33 U.S.C. § 3905(7)(9)

      Pub. L. 114–322, § 5008(b)(1)(B), (C), added par. (7)

    2. Redesignated · 33 U.S.C. § 3905(7)(9)

      Pub. L. 114–322, § 5008(b)(1)(B), (C), redesignated former pars. (7) and (8) as (8) and (9), respectively. Former par. (9) redesignated (10)

    Source evidence

    Code amendment note
    Pars. (7) to (9). Pub. L. 114–322, § 5008(b)(1)(B), (C), added par. (7) and redesignated former pars. (7) and (8) as (8) and (9), respectively. Former par. (9) redesignated (10).

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (7), (8), and (9) as paragraphs (8), (9), and (10), respectively;

  4. Water Infrastructure Improvements for the Nation Act

    Pub. L. 114–322 § 5008(b)(1)(B) · 130 Stat. 1628

    1. Redesignated · 33 U.S.C. § 3905(10)

      Pub. L. 114–322, § 5008(b)(1)(B), (D), redesignated par. (9) as (10)

    2. Substituted · 33 U.S.C. § 3905(10)

      Pub. L. 114–322, § 5008(b)(1)(B), (D), substituted “(7), or (8)” for “or (7)”

    Source evidence

    Code amendment note
    Par. (10). Pub. L. 114–322, § 5008(b)(1)(B), (D), redesignated par. (9) as (10) and substituted “(7), or (8)” for “or (7)”.

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (7), (8), and (9) as paragraphs (8), (9), and (10), respectively;

7 of 7 references resolved to an enrolled provision

Editorial Notes

Amendments

2016—Par. (6). Pub. L. 114–322, § 5008(b)(1)(A), substituted “desalination project, including chloride control” for “desalination project” and “a water recycling project, or a project to provide alternative water supplies to reduce aquifer depletion” for “or a water recycling project”.

Pars. (7) to (9). Pub. L. 114–322, § 5008(b)(1)(B), (C), added par. (7) and redesignated former pars. (7) and (8) as (8) and (9), respectively. Former par. (9) redesignated (10).

Par. (10). Pub. L. 114–322, § 5008(b)(1)(B), (D), redesignated par. (9) as (10) and substituted “(7), or (8)” for “or (7)”.

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

2014–2016 · 2 acts
  1. 2014Pub. L. 113–121, title V, § 5026, , 128 Stat. 1334
  2. 2016Pub. L. 114–322, title IV, § 5008(b)(1), , 130 Stat. 1896.
Show as published

(Pub. L. 113–121, title V, § 5026, , 128 Stat. 1334; Pub. L. 114–322, title IV, § 5008(b)(1), , 130 Stat. 1896.)

Parsed from the official OLRC USLM XML in data/usc_all/usc33.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t33/s3905