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33 U.S.C. § 2281b — Maximum cost of projects

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

33 U.S.C. § 2281b — Maximum cost of projects

**(a) In general** In order to insure against cost overruns, each total cost set forth with respect to a project for water resources development and conservation and related purposes authorized to be carried out by the Secretary in this Act or in a law enacted after the date of the enactment of this Act, including the Water Resources Development Act of 1988, or in an amendment made by this Act or any later law with respect to such a project shall be the maximum cost of that project, except that such maximum amount— (1) may be increased by the Secretary for modifications which do not materially alter the scope or functions of the project as authorized, but not by more than 20 percent of the total cost stated for the project in this Act, in any later law, or in an amendment made by this Act or any later law; and (2) shall be automatically increased for— (A) changes in construction costs applied to unconstructed features (including real property acquisitions, preconstruction studies, planning, engineering, and design) from the date of enactment of this Act or any later law (unless otherwise specified) as indicated by engineering and other appropriate cost indexes; and (B) additional studies, modifications, and actions (including mitigation and other environmental actions) authorized by this Act or any later law or required by changes in Federal law. **(b) Contributions by non-Federal interests** Notwithstanding subsection (a), in accordance with [section 701h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701h&num=0&edition=prelim), the Secretary may accept funds from a non-Federal interest for any authorized water resources development project that has exceeded its maximum cost under subsection (a), and use such funds t

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Stable record: federal_law:legal_authorities:record_usc_377a09d38012874c808456d9
Source file: Laws/federal/codes/united-states-code/title-33/section-2281b-maximum-cost-of-projects--b8c2bed394.md
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Source location: Title 33, Chapter 36, § 2281b; chapter-036-water-resources-development.md

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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

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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.

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

33 U.S.C. § 2280 — Marine technology review

**(a) Dredging needs** The Secretary is authorized to conduct such studies as are necessary to provide a report to Congress on the dredging needs of the national ports and harbors of the United States. The report shall include existing and projected future project depths, types and sizes of ships in use, and world trade patterns, an assessment of the future national waterside infrastructure needs, and a comparison of drafts of United States and selected world ports. **(b) Authorization of appropriations** There is authorized to be appropriated $2,500,000 to carry out this section for fiscal years beginning after September 30, 1992. Such sums shall remain available until expended.

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33 U.S.C. § 701h — Contributions by States, political subdivisions, and other non-Federal interests

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

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

33 U.S.C. § 2281b — Corps of Engineers support for under-

Page 760 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2281b 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. § 2281b. Corps of Engineers support for under- served communities; outreach (a) In general It is the policy of the United States for the Corps of Engineers to strive to understand and accommodate and, in coordination with non- Federal interests, seek to address the water re- sources development needs of all communities in the United States. (b) Outreach and access (1) In general The Secretary shall, at Federal expense, de- velop, support, and implement public aware- ness, education, and regular outreach and en- gagement efforts for potential non-Federal in- terests with respect to the water resources de- velopment authorities of the Secretary, with particular emphasis on— (A) technical service programs, including the authorities under— (i) section 709a of this title; (ii) section 1962d–16 of title 42; and (iii) section 2269 of this title; (B) continuing authority programs, as such term is defined in section 2282d(c)(1)(D) of this title; and (C) ensuring that a potential non-Federal interest is aware of the roles, responsibil- ities, and financial commitments associated with a completed water resources develop- ment project prior to initiating a feasibility study (as defined in section 2215(d) of this title), including operations, maintenance, repair, replacement, and rehabilitation re- sponsibilities. (2) Implementation In carrying

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