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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.

  1. 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. 1182

  2. Flood Control Act of 1962

    Pub. L. 87–874 title II § 205 · 76 Stat. 1173

    1. 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

    2. 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”.

  3. 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.”

  4. 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”.

  5. 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.”.

  6. Pub. L. 99–662 title IX § 915(a) · 100 Stat. 4082

    1. Substituted · 33 U.S.C. § 701s

      Pub. L. 99–662 substituted “$40,000,000” for “$30,000,000”

    2. 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.

  7. Pub. L. 106–53 title II § 201 · 113 Stat. 269

    1. 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

    2. 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”.

  8. 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”.

  9. 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”.

  10. 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”.

  11. 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”.

  12. 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.

  13. Pub. L. 118–272 div. A title I § 1107(j) · 138 Stat. 3005

    1. Substituted · 33 U.S.C. § 701s

      Pub. L. 118–272 substituted “$90,000,000” for “$68,750,000”

    2. 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
  1. 1948June 30, 1948, ch. 771, title II, § 205, 62 Stat. 1182
  2. 1950May 17, 1950, ch. 188, title II, § 212, 64 Stat. 183
  3. 1956July 11, 1956, ch. 558, 70 Stat. 522
  4. 1962Pub. L. 87–874, title II, § 205, , 76 Stat. 1194
  5. 1974Pub. L. 93–251, title I, § 61, , 88 Stat. 29
  6. 1976Pub. L. 94–587, § 133(b), , 90 Stat. 2928
  7. 1981Pub. L. 97–140, § 2(a), , 95 Stat. 1717
  8. 1986Pub. L. 99–662, title IX, § 915(a), , 100 Stat. 4191
  9. 1999Pub. L. 106–53, title II, § 201, , 113 Stat. 285
  10. 2000Pub. L. 106–541, title II, § 218, , 114 Stat. 2596
  11. 2007Pub. L. 110–114, title II, § 2021, , 121 Stat. 1078
  12. 2014Pub. L. 113–121, title I, § 1030(e), , 128 Stat. 1232
  13. 2018Pub. L. 115–270, title I, § 1157(e), , 132 Stat. 3794
  14. 2020Pub. L. 116–260, div. AA, title I, § 114, , 134 Stat. 2627
  15. 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.)

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USLM identifier /us/usc/t33/s701s