Title 33 — Navigation and Navigable Waters
Chapter 15 — Flood Control
§ 701s. Small flood control projects; appropriations; amount limitation for single locality; conditions
Statutory text
The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter made for flood control, not to exceed $90,000,000 for any one fiscal year, for the implementation of small structural and nonstructural projects, and projects that use natural features or nature-based features (as those terms are defined in section 2289a(a) of this title), for flood control and related purposes not specifically authorized by Congress, which come within the provisions of section 701a of this title, when in the opinion of the Chief of Engineers such work is advisable. The amount allotted for a project shall be sufficient to complete Federal participation in the project. Not more than $15,000,000 shall be allotted under this section for a project at any single locality. The provisions of local cooperation specified in section 701c of this title shall apply. The work shall be complete in itself and not commit the United States to any additional improvement to insure its successful operation, except as may result from the normal procedure applying to projects authorized after submission of preliminary examination and survey reports.
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. 80–771 · 62 Stat. 1171
Enacted · 33 U.S.C. § 701s
June 30, 1948, ch. 771, title II, § 205, 62 Stat. 1182
Source evidence
Code source credit
June 30, 1948, ch. 771, title II, § 205, 62 Stat. 1182Flood Control Act of 1962
Pub. L. 87–874 title II § 205 · 76 Stat. 1173
Substituted · 33 U.S.C. § 701s
Pub. L. 87–874 substituted “$25,000,000” for “$10,000,000” provisions limiting the allotment for a single project to $1,000,000 and providing that such allotment shall be sufficient to complete Federal participation, for provisions limiting the allotment for any single project to $400,000 from the appropriations for any fiscal year
Substituted · 33 U.S.C. § 701s
Pub. L. 87–874 substituted “projects for flood control and related purposes” for “flood control projects” provisions limiting the allotment for a single project to $1,000,000 and providing that such allotment shall be sufficient to complete Federal participation, for provisions limiting the allotment for any single project to $400,000 from the appropriations for any fiscal year
Source evidence
Code amendment note
Pub. L. 87–874 substituted “$25,000,000” for “$10,000,000”, “projects for flood control and related purposes” for “flood control projects”, and provisions limiting the allotment for a single project to $1,000,000 and providing that such allotment shall be sufficient to complete Federal participation, for provisions limiting the allotment for any single project to $400,000 from the appropriations for any fiscal year.Enacted provision · exact public law section
Sec. 205. Section 205 of the Flood Control Act of 1948, as amended (33 U.S.C. 701s), is amended (a) by striking out “$10,000,000” and inserting in lieu thereof “$25,000,000”, (b) by striking out the term “small flood control projects” and inserting in lieu thereof the term “small projects for flood control and related purposes”, and (c) by striking out Provided, That not more than $400,000 shall be allotted for this purpose at any single locality from the appropriations for any one fiscal year” and inserting in lieu thereof “ Provided, That not more than $1,000,000 shall be allotted under this section for a project at any single locality and the amount allotted shall be sufficient to complete Federal participation in the project”.Pub. L. 93–251 title I § 61 · [88 Stat. 12]
Changed · 33 U.S.C. § 701s
Pub. L. 93–251, in revising provisions, increased fiscal year allotment to $30,000,000 from $25,000,000 and required allotment of $2,000,000 for a project at a single locality if such locality protects an area declared to be a major-disaster area pursuant to Disaster Relief Act of 1966 or Disaster Relief Act of 1970 in five-year period immediately preceding the date the Chief of Engineers deems such work advisable
Source evidence
Code amendment note
Pub. L. 93–251, in revising provisions, increased fiscal year allotment to $30,000,000 from $25,000,000 and required allotment of $2,000,000 for a project at a single locality if such locality protects an area declared to be a major-disaster area pursuant to Disaster Relief Act of 1966 or Disaster Relief Act of 1970 in five-year period immediately preceding the date the Chief of Engineers deems such work advisable.Enacted provision · exact public law section
Sec. 61. Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is amended— (1) by striking out “$25,000,000” and inserting in lieu thereof “$30,000,000”. (2) by striking out “advisable:” and all that follows down through and including the period at the end of such section and insert in lieu thereof the following: “advisable. The amount allotted for a project shall be sufficient to complete Federal participation in the project. Not more than $1,000,000 shall be allotted under this section for a project at any single locality, except that not more than $2,000,000 shall be allotted under this section for a project at a single locality if such project protects an area which has been declared to be a major disaster area pursuant to the Disaster 42 USC 4401 note. Relief Act of 1966 or the Disaster Relief Act of 1970 in the five-year period immediately preceding the date the Chief of Engineers deems such work advisable. The provisions of local cooperation specified in section 3 of the Flood Control Act of June 33 USC 701c. 22, 1936, as amended, shall apply. The work shall be complete in itself and not commit the United States to any additional improvement to insure its successful operation, except as may result from the normal procedure applying to projects authorized after submission of preliminary examination and survey reports.”Water Resources Development Act of 1976
Pub. L. 94–587 § 133(b) · 90 Stat. 2917
Changed · 33 U.S.C. § 701s
Pub. L. 94–587 increased limitation on allotment for a project at a single locality from $1,000,000 to $2,000,000 and for such a project protecting a major disaster area from $2,000,000 to $3,000,000
Source evidence
Code amendment note
Pub. L. 94–587 increased limitation on allotment for a project at a single locality from $1,000,000 to $2,000,000 and for such a project protecting a major disaster area from $2,000,000 to $3,000,000.Enacted provision · exact public law section
(b) Section 61 of the Water Resources Development Act of 1974 (88 Stat. 12) is amended as follows: (1) By striking out “$1,000,000” and inserting in lieu thereof “$2,000,000”. (2) By striking out “$2,000,000” and inserting in lieu thereof “$3,000,000”.Pub. L. 97–140 § 2(a) · 95 Stat. 1717
Substituted · 33 U.S.C. § 701s
Pub. L. 97–140 substituted “Not more than $4,000,000 shall be allotted under this section for a project at any single locality” for “Not more than $2,000,000 shall be allotted under this section for a project in any single locality, except that not more than $3,000,000 shall be allotted under this section for a project at a single locality if such project protects an area which has been declared to be a major disaster area pursuant to the Disaster Relief Act of 1966 or the Disaster Relief Act of 1970 in the five-year period immediately preceding the date the Chief of Engineers deems such work advisable”
Source evidence
Code amendment note
Pub. L. 97–140 substituted “Not more than $4,000,000 shall be allotted under this section for a project at any single locality” for “Not more than $2,000,000 shall be allotted under this section for a project in any single locality, except that not more than $3,000,000 shall be allotted under this section for a project at a single locality if such project protects an area which has been declared to be a major disaster area pursuant to the Disaster Relief Act of 1966 or the Disaster Relief Act of 1970 in the five-year period immediately preceding the date the Chief of Engineers deems such work advisable”.Enacted provision · exact public law section
(a) The third sentence of section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is amended to read as follows: “Not more than $4,000,000 shall be allotted under this section for a project at any single locality.”.Pub. L. 99–662 title IX § 915(a) · 100 Stat. 4082
Substituted · 33 U.S.C. § 701s
Pub. L. 99–662 substituted “$40,000,000” for “$30,000,000”
Substituted · 33 U.S.C. § 701s
Pub. L. 99–662 substituted “$5,000,000” for “$4,000,000”
Source evidence
Code amendment note
Pub. L. 99–662 substituted “$40,000,000” for “$30,000,000” and “$5,000,000” for “$4,000,000”.Enacted provision · exact public law section
(a) Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is amended by striking out “$30,000,000” in the first sentence and inserting in lieu thereof “$40,000,000” and by striking out “$4,000,000” in the third sentence and inserting in lieu thereof “$5,000,000”.Effective date note
Amendment by Pub. L. 99–662 not applicable to any project under contract for construction on Nov. 17, 1986, see section 915(i) of Pub. L. 99–662, set out as a note under section 426g of this title.Pub. L. 106–53 title II § 201 · 113 Stat. 269
Substituted · 33 U.S.C. § 701s
Pub. L. 106–53, in first sentence, substituted “implementation of small structural and nonstructural projects” for “construction of small projects” and, in third sentence
Substituted · 33 U.S.C. § 701s
Pub. L. 106–53, in first sentence, substituted “$7,000,000” for “$5,000,000”
Source evidence
Code amendment note
Pub. L. 106–53, in first sentence, substituted “implementation of small structural and nonstructural projects” for “construction of small projects” and, in third sentence, substituted “$7,000,000” for “$5,000,000”.Enacted provision · exact public law section
SEC. 201. SMALL FLOOD CONTROL AUTHORITY. Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is amended— (1) in the first sentence, by striking “construction of small projects” and inserting “implementation of small structural and nonstructural projects”; and (2) in the third sentence, by striking “$5,000,000” and inserting “$7,000,000”.Pub. L. 106–541 title II § 218 · 114 Stat. 2572
Substituted · 33 U.S.C. § 701s
Pub. L. 106–541 substituted “$50,000,000” for “$40,000,000” in first sentence
Source evidence
Code amendment note
Pub. L. 106–541 substituted “$50,000,000” for “$40,000,000” in first sentence.Enacted provision · exact public law section
SEC. 218. MAXIMUM PROGRAM EXPENDITURES FOR SMALL FLOOD CONTROL PROJECTS. Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is amended in the first sentence by striking “$40,000,000” and inserting “$50,000,000”.Water Resources Development Act of 2007
Pub. L. 110–114 title II § 2021 · 121 Stat. 1041
Substituted · 33 U.S.C. § 701s
Pub. L. 110–114 substituted “$55,000,000” for “$50,000,000” in first sentence
Source evidence
Code amendment note
Pub. L. 110–114 substituted “$55,000,000” for “$50,000,000” in first sentence.Enacted provision · exact public law section
SEC. 2021. SMALL FLOOD DAMAGE REDUCTION PROJECTS. Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is amended by striking “$50,000,000” and inserting “$55,000,000”.Water Resources Reform and Development Act of 2014
Pub. L. 113–121 title I § 1030(e) · 128 Stat. 1193
Substituted · 33 U.S.C. § 701s
Pub. L. 113–121 substituted “$10,000,000” for “$7,000,000” in third sentence
Source evidence
Code amendment note
Pub. L. 113–121 substituted “$10,000,000” for “$7,000,000” in third sentence.Enacted provision · exact public law section
(e) Small Flood Control Projects.— Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is amended in the third sentence by striking “$7,000,000” and inserting “$10,000,000”.Water Resources Development Act of 2018
Pub. L. 115–270 title I § 1157(e) · 132 Stat. 3765
Substituted · 33 U.S.C. § 701s
Pub. L. 115–270 substituted “$68,750,000” for “$55,000,000” in first sentence
Source evidence
Code amendment note
Pub. L. 115–270 substituted “$68,750,000” for “$55,000,000” in first sentence.Enacted provision · exact public law section
(e) Small Flood Control Projects.— Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is amended in the first sentence by striking “$55,000,000” and inserting “$68,750,000”.Department of the Treasury Appropriations Act, 2021
Pub. L. 116–260 div. AA title I § 114 · 134 Stat. 1182
Inserted · 33 U.S.C. § 701s
Pub. L. 116–260 inserted “, and projects that use natural features or nature-based features (as those terms are defined in section 2289a(a) of this title),” after “nonstructural projects”
Source evidence
Code amendment note
Pub. L. 116–260 inserted “, and projects that use natural features or nature-based features (as those terms are defined in section 2289a(a) of this title),” after “nonstructural projects”.Enacted provision · exact public law section
Sec. 114. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau of Engraving and Printing may be used to redesign the $1 Federal Reserve note.Pub. L. 118–272 div. A title I § 1107(j) · 138 Stat. 3005
Substituted · 33 U.S.C. § 701s
Pub. L. 118–272 substituted “$90,000,000” for “$68,750,000”
Substituted · 33 U.S.C. § 701s
Pub. L. 118–272 substituted “$15,000,000” for “$10,000,000”
Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Pub. L. 118–272 substituted “$90,000,000” for “$68,750,000” and “$15,000,000” for “$10,000,000”.
14 of 17 references resolved to an enrolled provision · 1 partial · 2 unresolved
Editorial Notes
Amendments1950–2025 · 14 rounds
2025
Pub. L. 118–272 substituted “$90,000,000” for “$68,750,000” and “$15,000,000” for “$10,000,000”.
2020
Pub. L. 116–260 inserted “, and projects that use natural features or nature-based features (as those terms are defined in section 2289a(a) of this title),” after “nonstructural projects”.
2018
Pub. L. 115–270 substituted “$68,750,000” for “$55,000,000” in first sentence.
2014
Pub. L. 113–121 substituted “$10,000,000” for “$7,000,000” in third sentence.
2007
Pub. L. 110–114 substituted “$55,000,000” for “$50,000,000” in first sentence.
2000
Pub. L. 106–541 substituted “$50,000,000” for “$40,000,000” in first sentence.
1999
Pub. L. 106–53, in first sentence, substituted “implementation of small structural and nonstructural projects” for “construction of small projects” and, in third sentence, substituted “$7,000,000” for “$5,000,000”.
1986
Pub. L. 99–662 substituted “$40,000,000” for “$30,000,000” and “$5,000,000” for “$4,000,000”.
1981
Pub. L. 97–140 substituted “Not more than $4,000,000 shall be allotted under this section for a project at any single locality” for “Not more than $2,000,000 shall be allotted under this section for a project in any single locality, except that not more than $3,000,000 shall be allotted under this section for a project at a single locality if such project protects an area which has been declared to be a major disaster area pursuant to the Disaster Relief Act of 1966 or the Disaster Relief Act of 1970 in the five-year period immediately preceding the date the Chief of Engineers deems such work advisable”.
1976
Pub. L. 94–587 increased limitation on allotment for a project at a single locality from $1,000,000 to $2,000,000 and for such a project protecting a major disaster area from $2,000,000 to $3,000,000.
1974
Pub. L. 93–251, in revising provisions, increased fiscal year allotment to $30,000,000 from $25,000,000 and required allotment of $2,000,000 for a project at a single locality if such locality protects an area declared to be a major-disaster area pursuant to Disaster Relief Act of 1966 or Disaster Relief Act of 1970 in five-year period immediately preceding the date the Chief of Engineers deems such work advisable.
1962
Pub. L. 87–874 substituted “$25,000,000” for “$10,000,000”, “projects for flood control and related purposes” for “flood control projects”, and provisions limiting the allotment for a single project to $1,000,000 and providing that such allotment shall be sufficient to complete Federal participation, for provisions limiting the allotment for any single project to $400,000 from the appropriations for any fiscal year.
1956
Act , substituted “$10,000,000” for “$3,000,000”, struck out “and not within areas intended to be protected by projects so authorized” before “which come within the provisions of section 701a of this title”, and substituted “$400,000” for “$150,000”.
1950
Act , substituted “$3,000,000” for “$2,000,000” and “$150,000” for “$100,000”.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–662 not applicable to any project under contract for construction on , see section 915(i) of Pub. L. 99–662, set out as a note under section 426g of this title.
Effective Date of 1981 Amendment
Pub. L. 97–140, § 2(b), , 95 Stat. 1717, provided that: “The amendment made by this section [amending this section] shall not apply to any project under contract for construction on the date of enactment of this Act [].”
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–587 not applicable to any project under contract for construction on , see section 133(c) of Pub. L. 94–587, set out as a note under section 577 of this title.
Ice Jam Prevention and Mitigation
Pub. L. 114–322, title I, § 1150, , 130 Stat. 1661, as amended by Pub. L. 115–270, title I, § 1131, , 132 Stat. 3780, provided that:
“(a) In General.—
The Secretary [of the Army] may carry out projects under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), including planning, design, construction, and monitoring of structural and nonstructural technologies and measures, for preventing and mitigating flood damages associated with ice jams.
“(b) Inclusion.—
The projects described in subsection (a) may include the development and demonstration of cost-effective technologies and designs developed in consultation with—
“(1) the Cold Regions Research and Engineering Laboratory of the Corps of Engineers;
“(2) universities;
“(3) Federal, State, and local agencies; and
“(4) private organizations.
“(c) Pilot Program.—
“(1) In general.—
The Secretary shall identify and carry out not fewer than 20 projects under this section to demonstrate technologies and designs developed in accordance with this section.
“(2) Project selection.—
The Secretary shall—
“(A) ensure that the projects are selected from all cold regions of the United States, including the Upper Missouri River Basin and the Northeast; and
“(B) select not fewer than one project to be carried out on a reservation (as defined in section 3 of the Indian Financing Act of 1974 [25 U.S.C. 1452]) that serves more than one Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5304]).”
Credits
1948–2025 · 15 acts
- 1948June 30, 1948, ch. 771, title II, § 205, 62 Stat. 1182
- 1950May 17, 1950, ch. 188, title II, § 212, 64 Stat. 183
- 1956July 11, 1956, ch. 558, 70 Stat. 522
- 1962Pub. L. 87–874, title II, § 205, , 76 Stat. 1194
- 1974Pub. L. 93–251, title I, § 61, , 88 Stat. 29
- 1976Pub. L. 94–587, § 133(b), , 90 Stat. 2928
- 1981Pub. L. 97–140, § 2(a), , 95 Stat. 1717
- 1986Pub. L. 99–662, title IX, § 915(a), , 100 Stat. 4191
- 1999Pub. L. 106–53, title II, § 201, , 113 Stat. 285
- 2000Pub. L. 106–541, title II, § 218, , 114 Stat. 2596
- 2007Pub. L. 110–114, title II, § 2021, , 121 Stat. 1078
- 2014Pub. L. 113–121, title I, § 1030(e), , 128 Stat. 1232
- 2018Pub. L. 115–270, title I, § 1157(e), , 132 Stat. 3794
- 2020Pub. L. 116–260, div. AA, title I, § 114, , 134 Stat. 2627
- 2025Pub. L. 118–272, div. A, title I, § 1107(j), , 138 Stat. 3005.
Show as published
(June 30, 1948, ch. 771, title II, § 205, 62 Stat. 1182; May 17, 1950, ch. 188, title II, § 212, 64 Stat. 183; July 11, 1956, ch. 558, 70 Stat. 522; Pub. L. 87–874, title II, § 205, , 76 Stat. 1194; Pub. L. 93–251, title I, § 61, , 88 Stat. 29; Pub. L. 94–587, § 133(b), , 90 Stat. 2928; Pub. L. 97–140, § 2(a), , 95 Stat. 1717; Pub. L. 99–662, title IX, § 915(a), , 100 Stat. 4191; Pub. L. 106–53, title II, § 201, , 113 Stat. 285; Pub. L. 106–541, title II, § 218, , 114 Stat. 2596; Pub. L. 110–114, title II, § 2021, , 121 Stat. 1078; Pub. L. 113–121, title I, § 1030(e), , 128 Stat. 1232; Pub. L. 115–270, title I, § 1157(e), , 132 Stat. 3794; Pub. L. 116–260, div. AA, title I, § 114, , 134 Stat. 2627; Pub. L. 118–272, div. A, title I, § 1107(j), , 138 Stat. 3005.)