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33 U.S.C. § 2349 — Small water storage projects

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2349 — Small water storage projects

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Stable record: federal_law:legal_authorities:record_usc_0f0bc558742f5a8c9f3ecef9
Source file: Laws/federal/codes/united-states-code/title-33/section-2349-small-water-storage-projects--02d90e261d.md
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Source location: Title 33, Chapter 36, § 2349; chapter-036-water-resources-development.md

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**(a) In general** The Secretary shall carry out a program to study and construct new, or enlarge existing, small water storage projects, in partnership with a non-Federal interest. **(b) Requirements** To be eligible to participate in the program under this section, a small water storage project shall— (1) in the case of a new small water storage project, have a water storage capacity of not less than 2,000 acre-feet and not more than 30,000 acre-feet; (2) in the case of an enlargement of an existing small water storage project, be for an enlargement of not less than 1,000 acre-feet and not more than 30,000 acre-feet; (3) provide— (A) flood risk management benefits; (B) ecological benefits; or (C) water management, water conservation, or water supply; and (4) be— (A) economically justified, environmentally acceptable, and technically feasible; or (B) in the case of a project providing ecological benefits, cost-effective with respect to such benefits. **(c) Scope** In carrying out the program under this section, the Secretary shall give preference to a small water storage project located in a State with a population of less than 1,000,000. **(d) Expedited projects** For the 10-year period beginning on December 27, 2020, the Secretary shall expedite small water storage projects under this section for which applicable Federal permitting requirements have been completed. **(e) Use of data** In conducting a study under this section, to the maximum extent practicable, the Secretary shall— (1) as the Secretary determines appropriate, consider and utilize any applicable hydrologic, economic, or environmental data that is prepared for a small water storage project under State law as the documentation, or part of the documentation, required to complete State water plans or other State planning documents relating to water resources management; and (2) consider information developed by the non-Federal interest in relation to another study, to the extent the Secretary determines such information is applicable, appropriate, or otherwise authorized by law. **(f) Cost share** (1) **Study** — The Federal share of the cost of a study conducted under this section shall be— (A) 100 percent for costs not to exceed $100,000; and (B) 50 percent for any costs above $100,000. (2) **Construction** — A small water storage project carried out under this section shall be subject to the cost-sharing requirements applicable to projects under [section 2213 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2213&num=0&edition=prelim), including— (A) municipal and industrial water supply: 100 percent non-Federal; (B) agricultural water supply: 35 percent non-Federal; and (C) recreation, including recreational navigation: 50 percent of separable costs and, in the case of any harbor or inland harbor or channel project, 50 percent of joint and separable costs allocated to recreational navigation. **(g) OMRRR responsibility** The costs of operation, maintenance, repair, and replacement and rehabilitation for a small water storage project constructed under this section shall be the responsibility of the non-Federal interest. **(h) Individual project limit** Not more than $65,000,000 in Federal funds may be made available to a small water storage project under this section. **(i) Authorization of appropriations** There is authorized to be appropriated to carry out this section $130,000,000 annually through fiscal year 2030.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2201 — Prior project authorization

In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2201

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2213 — Harbors

**(a) Construction** (1) **Payments during construction** — The non-Federal interests for a navigation project for a harbor or inland harbor, or any separable element thereof, on which a contract for physical construction has not been awarded before June 10, 2014, shall pay, during the period of construction of the project, the following costs associated with general navigation features: (A) 10 percent of the cost of construction of the portion of the project which has a depth not in excess of 20 feet; plus (B) 25 percent of the cost of construction of the portion of the project which has a depth in excess of 20 feet but not in excess of 55 feet; plus (C) 50 percent of the cost of construction of the portion of the project which has a depth in excess of 55 feet. (2) **Additional 10 percent payment over 30 years** — The non-Federal interests for a project to which paragraph (1) applies shall pay an additional 10 percent of the cost of the general navigation features of the project in cash over a period not to exceed 30 years, at an interest rate determined pursuant to [section 2216 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2216&num=0&edition=prelim). The value of lands, easements, rights-of-way, and relocations provided under paragraph (3) and the costs of relocations borne by the non-Federal interests under paragraph (4) shall be credited toward the payment required under this paragraph. (3) **Lands, easements, and rights-of-way** — Except as provided under [section 2283(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2283/c&num=0&edition=prelim), the non-Federal interests for a project to which paragraph (1) applies shall provide the lands, easements, rights-of-wa

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2213

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2282e — Vertical integration and acceleration of studies

**(a) In general** To the extent practicable, a feasibility study initiated by the Secretary, after June 10, 2014, under [section 2282(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2282/a&num=0&edition=prelim) shall— (1) result in the completion of a final feasibility report not later than 4 years after the date on which the Secretary determines the Federal interest for purposes of the report pursuant to [section 2282(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2282/b&num=0&edition=prelim); (2) have a maximum total cost of $5,000,000; and (3) ensure that personnel from the district, division, and headquarters levels of the Corps of Engineers concurrently conduct the review required under that section. **(b) Extension** If the Secretary determines that a feasibility study described in subsection (a) will not be conducted in accordance with subsection (a), the Secretary, not later than 30 days after the date of making the determination, shall— (1) prepare an updated feasibility study schedule and cost estimate; (2) notify the non-Federal feasibility cost-sharing partner that the feasibility study has been delayed; and (3) provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives as to the reasons the requirements of subsection (a) are not attainable. **(c) Exception** (1) **In general** — The Secretary may extend the timeline of a study by a period not to exceed 3 years, if the Secretary determines that the feasibility study is too complex to comply with the requirements of subsection (a). (2) **Factors** — In making a determination that a study is too

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2282e

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2349 — Categorical exclusions in emergencies

Page 861 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2350 1 See References in Text note below. available (including on a publicly available website). (Pub. L. 117–263, div. H, title LXXXI, § 8134, Dec. 23, 2022, 136 Stat. 3721.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (a)(5), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. CODIFICATION Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fis- cal Year 2023, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 8002 of Pub. L. 117–263, set out as a note under sec- tion 2201 of this title. § 2349. Categorical exclusions in emergencies For the repair, reconstruction, or rehabilita- tion of a water resources project that is in oper- ation or under construction when damaged by an event or incident that results in a declara- tion by the President of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Secretary shall treat such repair, reconstruction, or rehabilitation ac- tivity as a class of action categorically excluded from the requirements relating to environ- mental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2349

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