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33 U.S.C. § 701r — Protection of highways, bridge approaches, lighthouses, public works, and nonprofit public services
Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter made for flood control, not to exceed $50,000,000 per year, for the construction, repair, restoration, and modification of emergency streambank and shoreline protection works to prevent damage to highways, bridge approaches, lighthouses (including those lighthouses with historical value), and public works, churches, hospitals, schools, and other nonprofit public services, when in the opinion of the Chief of Engineers such work is advisable: Provided, That not more than $15,000,000 shall be allotted for this purpose at any single locality from the appropriations for any one fiscal year, and if such amount is not sufficient to cover the costs included in the Federal cost share for a project, as determined by the Secretary, the non-Federal interest shall be responsible for any such costs that exceed such amount.
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Stable record: federal_law:legal_authorities:record_usc_04d80c329b0d66a4f0266601
Source file: Laws/federal/codes/united-states-code/title-33/section-701r-protection-of-highways-bridge-approaches-lighthouses-public-works-and-no--b0dc587978.md
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Source location: Title 33, Chapter 15, § 701r; chapter-015-flood-control.md
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The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter made for flood control, not to exceed $50,000,000 per year, for the construction, repair, restoration, and modification of emergency streambank and shoreline protection works to prevent damage to highways, bridge approaches, lighthouses (including those lighthouses with historical value), and public works, churches, hospitals, schools, and other nonprofit public services, when in the opinion of the Chief of Engineers such work is advisable: Provided, That not more than $15,000,000 shall be allotted for this purpose at any single locality from the appropriations for any one fiscal year, and if such amount is not sufficient to cover the costs included in the Federal cost share for a project, as determined by the Secretary, the non-Federal interest shall be responsible for any such costs that exceed such amount.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Construction of small shore and beach restoration and protection projects**
(1) **In general** — The Secretary may carry out a program for the construction of small shore and beach restoration and protection projects not specifically authorized by Congress that otherwise comply with [section 426e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426e&num=0&edition=prelim) if the Secretary determines that such construction is advisable.
(2) **Local cooperation** — The local cooperation requirement of [section 426e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426e&num=0&edition=prelim) shall apply to a project under this section.
(3) **Completeness** — A project under this subsection—
(A) shall be complete; and
(B) shall not commit the United States to any additional improvement to ensure the successful operation of the project; except for participation in periodic beach nourishment in accordance with—
(i) [section 426e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426e&num=0&edition=prelim); and
(ii) the procedure for projects authorized after submission of a survey report.
**(b) National shoreline erosion control development and demonstration program**
(1) **In general** — The Secretary shall conduct under the program authorized by subsection (a) a national shoreline erosion control development and demonstration program (referred to in this section as the “demonstration program”).
(2) **Requirements**
(A) *In general* — The demonstration program shall include provisions for—
(i) projects consisting of planning, design, construction, and monitoring of prototype engineered and native and naturalized vegetat
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 426g
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than 1 year after June 10, 2014, and biennially thereafter, the Secretary shall conduct a study to determine the feasibility of—
(1) carrying out projects for the inland and intracoastal waterways for purposes of—
(A) flood damage reduction;
(B) emergency streambank and shoreline protection; and
(C) prevention and mitigation of shore damages attributable to navigation improvements; and
(2) modifying projects for the inland and intracoastal waterways for the purpose of improving the quality of the environment.
**(b) Recommendations** In conducting the study, the Secretary shall develop specific project recommendations and prioritize those recommendations based on—
(1) the extent of damage and land loss resulting from riverbank erosion;
(2) the rate of erosion;
(3) the significant threat of future flood risk to public property, public infrastructure, or public safety;
(4) the destruction of natural resources or habitats; and
(5) the potential cost savings for maintenance of the channel.
**(c) Disposition** The Secretary may carry out any project identified in the study conducted pursuant to subsection (a) in accordance with the criteria for projects carried out under one of the following authorities:
(1) [Section 701r of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701r&num=0&edition=prelim).
(2) [Section 701s of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701s&num=0&edition=prelim).
(3) [Section 426i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426i&num=0&edition=prelim).
(4) [Section 2309a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2309a&num=
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2262
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Community revitalization program**
(1) **In general** — Not later than 180 days after December 27, 2020, the Secretary shall implement a program, in accordance with this subsection, for carrying out a project under a continuing authority program for an economically disadvantaged community.
(2) **Participation in program** — In carrying out paragraph (1), the Secretary shall—
(A) solicit project proposals from non-Federal interests by posting program information on a public-facing website and reaching out to non-Federal interests that have previously submitted relevant project proposals to the Secretary; and
(B) review such proposals and select projects, taking into consideration geographic diversity among the selected projects.
(3) **Cost share** — Notwithstanding the cost share authorized for the applicable continuing authority program, the Federal share of the cost of a project selected under paragraph (2) shall be 100 percent.
(4) **Continuing authority program defined** — In this subsection, the term “continuing authority program” has the meaning given that term in [section 2282d(c)(1)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2282d/c/1/D&num=0&edition=prelim).
(5) **Authorization of appropriations** — There is authorized to be appropriated to carry out this subsection $150,000,000 for each fiscal year.
**(b) Authorizations of Appropriations**
(1) **Emergency streambank and shoreline protection** — Notwithstanding [section 701r of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701r&num=0&edition=prelim), there is authorized to be appropriated to carry out such section $25,500,000 for each of fiscal years 2021 through 2024.
(2) **Storm and hurricane restor
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2282a
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Preparation of reports**
(1) **In general** — In the case of any water resources project-related study authorized to be undertaken by the Secretary that results in recommendations concerning a project or the operation of a project and that requires specific authorization by Congress in law or otherwise, the Secretary shall prepare a feasibility report, subject to [section 2215 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2215&num=0&edition=prelim).
(2) **Contents of feasibility reports** — A feasibility report shall describe, with reasonable certainty, the economic, environmental, and social benefits and detriments of the recommended plan and alternative plans considered by the Secretary and the engineering features (including hydrologic and geologic information), the public acceptability, and the purposes, scope, and scale of the recommended plan. A feasibility report shall also include the views of other Federal agencies and non-Federal agencies with regard to the recommended plan, a description of a nonstructural alternative to the recommended plan when such plan does not have significant nonstructural features, and a description of the Federal and non-Federal participation in such plan, and shall demonstrate that States, other non-Federal interests, and Federal agencies have been consulted in the development of the recommended plan. A feasibility report shall include a preliminary analysis of the Federal interest and the costs, benefits, and environmental impacts of the project.
(3) **Applicability** — This subsection shall not apply to—
(A) any study with respect to which a report has been submitted to Congress before November 17, 1986;
(B) any study for a project, which project is authorized for construc
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2282c
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than February 1 of each year, the Secretary shall develop and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual report, to be entitled “Report to Congress on Future Water Resources Development”, that identifies the following:
(1) **Feasibility reports** — Each feasibility report that meets the criteria established in subsection (c)(1)(A).
(2) **Proposed feasibility studies** — Any proposed feasibility study submitted to the Secretary by a non-Federal interest pursuant to subsection (b) that meets the criteria established in subsection (c)(1)(A).
(3) **Proposed modifications** — Any proposed modification to an authorized water resources development project or feasibility study that meets the criteria established in subsection (c)(1)(A) that—
(A) is submitted to the Secretary by a non-Federal interest pursuant to subsection (b); or
(B) is identified by the Secretary for authorization.
(4) **Programmatic modifications** — Any programmatic modification for an environmental infrastructure assistance program.
**(b) Requests for proposals**
(1) **Publication** — Not later than May 1 of each year, the Secretary shall publish in the Federal Register a notice requesting proposals from non-Federal interests for proposed feasibility studies, proposed modifications to authorized water resources development projects and feasibility studies, and proposed modifications for an environmental infrastructure program to be included in the annual report.
(2) **Deadline for requests** — The Secretary shall include in each notice required by this subsection a requirement that non-Federal interests submit to the Secretary any proposals de
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2282f
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
The Secretary is authorized to use the authority contained in section 205 of the Flood Control Act of 1948 ([33 U.S.C. 701s](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701s&num=0&edition=prelim)), section 2 of the Flood Control Act of August 28, 1937 ([33 U.S.C. 701g](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701g&num=0&edition=prelim)), section 14 of the Flood Control Act of 1946 ([33 U.S.C. 701r](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701r&num=0&edition=prelim)), section 107 of the River and Harbor Act of 1960 ([33 U.S.C. 577](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section577&num=0&edition=prelim)), section 3 of the Act entitled “An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property”, approved August 13, 1946 ([33 U.S.C. 426g](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426g&num=0&edition=prelim)), and section 111 of the River and Harbor Act of 1968 ([33 U.S.C. 426i](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426i&num=0&edition=prelim)) in the Trust Territory of the Pacific Islands.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2292a
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Project studies subject to independent peer review**
(1) **In general** — Project studies shall be subject to a peer review by an independent panel of experts as determined under this section.
(2) **Scope** — The peer review may include a review of the economic and environmental assumptions and projections, project evaluation data, economic analyses, environmental analyses, engineering analyses, formulation of alternative plans, methods for integrating risk and uncertainty, models used in evaluation of economic or environmental impacts of proposed projects, and any biological opinions of the project study.
(3) **Project studies subject to peer review**
(A) *Mandatory* — A project study shall be subject to peer review under paragraph (1) if—
(i) the project has an estimated total cost of more than $200,000,000, including mitigation costs, and is not determined by the Chief of Engineers to be exempt from peer review under paragraph (6);
(ii) the Governor of an affected State requests a peer review by an independent panel of experts; or
(iii) the Chief of Engineers determines that the project study is controversial considering the factors set forth in paragraph (4).
(B) *Discretionary*
(i) *Agency request* — A project study shall be considered by the Chief of Engineers for peer review under this section if the head of a Federal or State agency charged with reviewing the project study determines that the project is likely to have a significant adverse impact on environmental, cultural, or other resources under the jurisdiction of the agency after implementation of proposed mitigation plans and requests a peer review by an independent panel of experts.
(ii) *Deadline for decision* — A decision of the Chief of Engineers under this subpa
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2346
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
(1) **Definition of continuing authority program project** — In this section, the term “continuing authority program” means 1 of the following authorities:
(A) [Section 701s of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701s&num=0&edition=prelim).
(B) [Section 426i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426i&num=0&edition=prelim).
(C) [Section 2330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2330&num=0&edition=prelim).
(D) [Section 2309a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2309a&num=0&edition=prelim).
(E) [Section 577 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section577&num=0&edition=prelim).
(F) [Section 426g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426g&num=0&edition=prelim).
(G) [Section 701r of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701r&num=0&edition=prelim).
(H) Section 103 of the River and Harbor Act of 1962 (Public Law 87–874; 76 Stat. 1178).
(I) [Section 2326(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2326/e&num=0&edition=prelim).
(J) [Section 701b–8a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701b-8a&num=0&edition=prelim).
(K) [Section 610(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section610/a&num=0&edition=prelim).
(2) **Prioritization** — Not later than 1 year after June 10, 2014, the Secretary shall publish in the Federal Register and on a publicly
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 400
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 208
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 701o
tion to any payments or contributions the
affected community is required to provide
toward the remaining costs of design and
construction of the project under section
2213 of this title.
(4) Ability to pay
(A) In general
Any cost-sharing agreement for a project
entered into pursuant to this section shall
be subject to the ability of the affected com-
munity to pay.
(B) Determination
The ability of any affected community to
pay shall be determined by the Secretary in
accordance with procedures established by
the Secretary.
(C) Effect of reduction
Any reduction in the non-Federal share of
the cost of a project described in paragraph
(1) as a result of a determination under this
paragraph shall not be included in the Fed-
eral share for purposes of subparagraphs (A)
and (B) of paragraph (3).
(Pub. L. 116–260, div. AA, title I, § 119, Dec. 27,
2020, 134 Stat. 2632.)
Statutory Notes and Related Subsidiaries
‘‘SECRETARY’’ DEFINED
Secretary means the Secretary of the Army, see sec-
tion 2 of div. AA of Pub. L. 116–260, set out as a note
under section 2201 of this title.
§ 701o. Omitted
Editorial Notes
CODIFICATION
Section, act June 30, 1948, ch. 771, title II, § 202, 62
Stat. 1175, related to conditions precedent on unauthor-
ized projects and modifications. Similar provisions
were contained in act July 24, 1946, ch. 596, § 2, 60 Stat.
641. See section 701b–8 of this title.
§ 701p. Railroad bridge alterations at Federal ex-
pense
On and after July 24, 1946, for authorized flood
protection projects which include alterations of
railroad bridges the Chief of Engineers is au-
thorized to include at Federal expense the nec-
essary alterations of railroad bridges and ap-
proaches in connecti
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 701r
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.