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Title 33 — Navigation and Navigable Waters

Chapter 15 — Flood Control

§ 701h. Contributions by States, political subdivisions, and other non-Federal interests

Statutory text

The Secretary of the Army is authorized to receive from States and political subdivisions thereof and other non-Federal interests, such funds as may be contributed by them for work, which includes planning and design, to be expended in connection with funds appropriated by the United States for any authorized water resources development study or project, including a project for navigation on the inland waterways, whenever such work and expenditure may be considered by the Secretary of the Army, on recommendation of the Chief of Engineers, as advantageous in the public interest, and the plans for any reservoir project may, in the discretion of the Secretary of the Army, on recommendation of the Chief of Engineers, be modified to provide additional storage capacity for domestic water supply or other conservation storage, on condition that the cost of such increased storage capacity is contributed by local agencies and that the local agencies agree to utilize such additional storage capacity in a manner consistent with Federal uses and purposes: Provided, That the Secretary is authorized to receive and expend funds from a State or a political subdivision thereof, and other non-Federal interests or private entities, to operate a hurricane barrier project to support recreational activities at or in the vicinity of the project, at no cost to the Federal Government, if the Secretary determines that operation for such purpose is not inconsistent with the operation and maintenance of the project for the authorized purposes of the project: Provided further, That the Secretary is authorized to receive and expend funds from an owner of a non-Federal reservoir to formulate, review, or revise operational documents for any non-Federal reservoir for which the Secretary is authorized to prescribe regulations for the use of storage allocated for flood control or navigation pursuant to section 709 of this title: Provided further, That when contributions made by States and political subdivisions thereof and other non-Federal interests, are in excess of the actual cost of the work contemplated and properly chargeable to such contributions, such excess contributions may, with the approval of the Secretary of the Army, be returned to the proper representatives of the contributing interests: Provided further, That the term “States” means the several States, the District of Columbia, the commonwealths, territories, and possessions of the United States, and Federally recognized Indian tribes: Provided further, That the term “non-Federal interest” has the meaning given that term in section 1962d–5b of title 42.

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. Pub. L. 74–688 § 5 · 49 Stat. 863

    Enacted · 33 U.S.C. § 701h

    June 22, 1936, ch. 688, § 5 (part), 49 Stat. 1572

    Source evidence

    Code source credit
    June 22, 1936, ch. 688, § 5 (part), 49 Stat. 1572

  2. Pub. L. 106–53 title II § 203 · 113 Stat. 269

    Inserted · 33 U.S.C. § 701h

    Pub. L. 106–53 inserted “or environmental restoration” after “flood control”

    Source evidence

    Code amendment note
    Pub. L. 106–53 inserted “or environmental restoration” after “flood control”.

    Enacted provision · exact public law section
    SEC. 203. CONTRIBUTIONS BY STATES AND POLITICAL SUBDIVISIONS. Section 5 of the Act of June 22, 1936 (33 U.S.C. 701h), is amended by inserting “or environmental restoration” after “flood control”.

  3. Energy and Water Development and Related Agencies Appropriations Act, 2012

    Pub. L. 112–74 div. B title I § 111(a) · 125 Stat. 858

    1. Substituted · 33 U.S.C. § 701h

      Pub. L. 112–74 substituted “water resources development study or project” for “flood control or environmental restoration work”

    2. Inserted · 33 U.S.C. § 701h

      Pub. L. 112–74 inserted “for work, which includes planning and design,” before “to be expended” and “: Provided further, That the term ‘States’ means the several States, the District of Columbia, the commonwealths, territories, and possessions of the United States, and Federally recognized Indian tribes” before period at end

    Source evidence

    Code amendment note
    Pub. L. 112–74 substituted “water resources development study or project” for “flood control or environmental restoration work” and inserted “for work, which includes planning and design,” before “to be expended” and “: Provided further, That the term ‘States’ means the several States, the District of Columbia, the commonwealths, territories, and possessions of the United States, and Federally recognized Indian tribes” before period at end.

    Enacted provision · exact public law section
    (a) Section 5 of the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes,” approved June 22, 1936, (33 U.S.C. 701h), is amended by— (1) inserting “for work, which includes planning and design,” before “to be expended”; (2) striking “flood control or environmental restoration work” and inserting “water resources development study or project”; and (3) Definition. inserting “: Provided further, That the term ‘States’ means the several States, the District of Columbia, the commonwealths, territories, and possessions of the United States, and Federally recognized Indian tribes” before the period.

  4. Water Resources Reform and Development Act of 2014

    Pub. L. 113–121 § 1015(a)(4) · 128 Stat. 1193

    Substituted · 33 U.S.C. § 701h

    Pub. L. 113–121, § 1015(a)(4), substituted “: Provided further, That the term ‘non-Federal interest’ has the meaning given that term in section 1962d–5b of title 42.” for period at end

    Source evidence

    Code amendment note
    Pub. L. 113–121, § 1015(a)(4), substituted “: Provided further, That the term ‘non-Federal interest’ has the meaning given that term in section 1962d–5b of title 42.” for period at end.

    Enacted provision · exact public law section
    (4) by striking the period at the end and inserting the following: “: Provided further, That the term ‘non-Federal interest’ has the meaning given that term in section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b).”.

  5. Water Resources Reform and Development Act of 2014

    Pub. L. 113–121 § 1015(a)(3) · 128 Stat. 1193

    Substituted · 33 U.S.C. § 701h

    Pub. L. 113–121, § 1015(a)(3), substituted “Provided, That the Secretary is authorized to receive and expend funds from a State or a political subdivision thereof, and other non-Federal interests or private entities, to operate a hurricane barrier project to support recreational activities at or in the vicinity of the project, at no cost to the Federal Government, if the Secretary determines that operation for such purpose is not inconsistent with the operation and maintenance of the project for the authorized purposes of the project: Provided further, That when” for “Provided, That when”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 113–121, § 1015(a)(3), substituted “Provided, That the Secretary is authorized to receive and expend funds from a State or a political subdivision thereof, and other non-Federal interests or private entities, to operate a hurricane barrier project to support recreational activities at or in the vicinity of the project, at no cost to the Federal Government, if the Secretary determines that operation for such purpose is not inconsistent with the operation and maintenance of the project for the authorized purposes of the project: Provided further, That when” for “Provided, That when”.

    Enacted provision · exact public law section
    (3) by striking “Provided, That when” and inserting “Provided, That the Secretary is authorized to receive and expend funds from a State or a political subdivision thereof, and other non-Federal interests or private entities, to operate a hurricane barrier project to support recreational activities at or in the vicinity of the project, at no cost to the Federal Government, if the Secretary determines that operation for such purpose is not inconsistent with the operation and maintenance of the project for the authorized purposes of the project: Provided further, That when”; and

  6. Water Resources Reform and Development Act of 2014

    Pub. L. 113–121 § 1015(a)(1) · 128 Stat. 1193

    1. Inserted · 33 U.S.C. § 701h

      Pub. L. 113–121, § 1015(a)(1), (2), inserted “and other non-Federal interests” after “States and political subdivisions thereof” in two places

    2. Inserted · 33 U.S.C. § 701h

      Pub. L. 113–121, § 1015(a)(1), (2), inserted “, including a project for navigation on the inland waterways,” after “study or project”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 113–121, § 1015(a)(1), (2), inserted “and other non-Federal interests” after “States and political subdivisions thereof” in two places and inserted “, including a project for navigation on the inland waterways,” after “study or project”.

    Enacted provision · exact public law section
    (1) by inserting “and other non-Federal interests” after “States and political subdivisions thereof” each place it appears;

  7. Water Resources Development Act of 2018

    Pub. L. 115–270 title I § 1169 · 132 Stat. 3765

    Inserted · 33 U.S.C. § 701h

    Pub. L. 115–270 inserted “Provided further, That the Secretary is authorized to receive and expend funds from an owner of a non-Federal reservoir to formulate, review, or revise operational documents for any non-Federal reservoir for which the Secretary is authorized to prescribe regulations for the use of storage allocated for flood control or navigation pursuant to section 709 of this title:” after “authorized purposes of the project:”

    Source evidence

    Code amendment note
    Pub. L. 115–270 inserted “Provided further, That the Secretary is authorized to receive and expend funds from an owner of a non-Federal reservoir to formulate, review, or revise operational documents for any non-Federal reservoir for which the Secretary is authorized to prescribe regulations for the use of storage allocated for flood control or navigation pursuant to section 709 of this title:” after “authorized purposes of the project:”.

    Enacted provision · exact public law section
    SEC. 1169. CONTRIBUTED FUNDS FOR NON-FEDERAL RESERVOIR OPERATIONS.   Section 5 of the Act of June 22, 1936 (33 U.S.C. 701h), is amended by inserting after “authorized purposes of the project:” the following: “Provided further, That the Secretary is authorized to receive and expend funds from an owner of a non-Federal reservoir to formulate, review, or revise operational documents for any non-Federal reservoir for which the Secretary is authorized to prescribe regulations for the use of storage allocated for flood control or navigation pursuant to section 7 of the Act of December 22, 1944 (33 U.S.C. 709):”.

8 of 9 references resolved to an enrolled provision · 1 partial

Editorial Notes

Codification

When originally enacted, section 5 of act , which consisted of a paragraph (including a proviso) authorizing works of improvement followed by numerous headings and paragraphs describing those authorized works, was not classified to the Code. Act , amended section 5 of act , by inserting two additional provisos at the end of the first paragraph. The provisos inserted by the 1937 Act, as amended, form the sole basis for the text appearing in this section, with minor editorial changes to the introductory language of the provisos. Subsequent amendments to section 5 of act , have generally been directed to the text of section 5 as it has appeared in the Code and have not taken into account the portion of that section that has never been set out. Those amendments have been executed as directed, to reflect the probable intent of Congress, and amendment notes below reflect such execution without further comment.

Amendments1937–2018 · 5 rounds

2018

Pub. L. 115–270 inserted “Provided further, That the Secretary is authorized to receive and expend funds from an owner of a non-Federal reservoir to formulate, review, or revise operational documents for any non-Federal reservoir for which the Secretary is authorized to prescribe regulations for the use of storage allocated for flood control or navigation pursuant to section 709 of this title:” after “authorized purposes of the project:”.

2014

Pub. L. 113–121, § 1015(a)(4), substituted “: Provided further, That the term ‘non-Federal interest’ has the meaning given that term in section 1962d–5b of title 42.” for period at end.

Pub. L. 113–121, § 1015(a)(3), substituted “Provided, That the Secretary is authorized to receive and expend funds from a State or a political subdivision thereof, and other non-Federal interests or private entities, to operate a hurricane barrier project to support recreational activities at or in the vicinity of the project, at no cost to the Federal Government, if the Secretary determines that operation for such purpose is not inconsistent with the operation and maintenance of the project for the authorized purposes of the project: Provided further, That when” for “Provided, That when”.

Pub. L. 113–121, § 1015(a)(1), (2), inserted “and other non-Federal interests” after “States and political subdivisions thereof” in two places and inserted “, including a project for navigation on the inland waterways,” after “study or project”.

2011

Pub. L. 112–74 substituted “water resources development study or project” for “flood control or environmental restoration work” and inserted “for work, which includes planning and design,” before “to be expended” and “: Provided further, That the term ‘States’ means the several States, the District of Columbia, the commonwealths, territories, and possessions of the United States, and Federally recognized Indian tribes” before period at end.

1999

Pub. L. 106–53 inserted “or environmental restoration” after “flood control”.

1937

Act , inserted text of section.

Statutory Notes and Related Subsidiaries

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act , was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act , enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

Notification for Contributed Funds

Pub. L. 113–121, title I, § 1015(b), , 128 Stat. 1223, provided that: “Prior to accepting funds contributed under section 5 of the Act of June 22, 1936 (33 U.S.C. 701h), the Secretary [of the Army] shall provide written notice of the funds to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives.”

Credits

1936–2018 · 7 acts
  1. 1936June 22, 1936, ch. 688, § 5 (part), 49 Stat. 1572
  2. 1937July 19, 1937, ch. 511, § 1, 50 Stat. 518
  3. 1947July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501
  4. 1999Pub. L. 106–53, title II, § 203, , 113 Stat. 285
  5. 2011Pub. L. 112–74, div. B, title I, § 111(a), , 125 Stat. 858
  6. 2014Pub. L. 113–121, title I, § 1015(a), , 128 Stat. 1222
  7. 2018Pub. L. 115–270, title I, § 1169, , 132 Stat. 3798.
Show as published

(June 22, 1936, ch. 688, § 5 (part), 49 Stat. 1572; July 19, 1937, ch. 511, § 1, 50 Stat. 518; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 106–53, title II, § 203, , 113 Stat. 285; Pub. L. 112–74, div. B, title I, § 111(a), , 125 Stat. 858; Pub. L. 113–121, title I, § 1015(a), , 128 Stat. 1222; Pub. L. 115–270, title I, § 1169, , 132 Stat. 3798.)

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/s701h