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33 U.S.C. § 2231 — Credit or reimbursement
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requests for credits** With respect to an authorized flood damage reduction project, or separable element thereof, that has been constructed by a non-Federal interest under section 701b–13 11 See References in Text note below. of this title, or an authorized coastal navigation project that has been constructed by the Corps of Engineers pursuant to [section 561 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section561&num=0&edition=prelim) before October 23, 2018, the Secretary may provide to the non-Federal interest, at the request of the non-Federal interest, a credit in an amount equal to the estimated Federal share of the cost of the project or separable element, in lieu of providing to the non-Federal interest a reimbursement in that amount or reimbursement of funds of an equivalent amount, subject to the availability of appropriations.
**(b) Application of credits** At the request of the non-Federal interest, the Secretary may apply all or a portion of such credit to the share of the cost of the non-Federal interest of carrying out other flood damage reduction and coastal navigation projects or studies.
**(c) Application of reimbursement** At the request of the non-Federal interest, the Secretary may apply such funds, subject to the availability of appropriations, equal to the share of the cost of the non-Federal interest of carrying out other flood damage reduction and coastal navigation projects or studies.
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Source file: Laws/federal/codes/united-states-code/title-33/section-2231-credit-or-reimbursement--8265ebd8b4.md
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Source location: Title 33, Chapter 36, § 2231; chapter-036-water-resources-development.md
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**(a) Requests for credits** With respect to an authorized flood damage reduction project, or separable element thereof, that has been constructed by a non-Federal interest under section 701b–13 11 See References in Text note below. of this title, or an authorized coastal navigation project that has been constructed by the Corps of Engineers pursuant to [section 561 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section561&num=0&edition=prelim) before October 23, 2018, the Secretary may provide to the non-Federal interest, at the request of the non-Federal interest, a credit in an amount equal to the estimated Federal share of the cost of the project or separable element, in lieu of providing to the non-Federal interest a reimbursement in that amount or reimbursement of funds of an equivalent amount, subject to the availability of appropriations.
**(b) Application of credits** At the request of the non-Federal interest, the Secretary may apply all or a portion of such credit to the share of the cost of the non-Federal interest of carrying out other flood damage reduction and coastal navigation projects or studies.
**(c) Application of reimbursement** At the request of the non-Federal interest, the Secretary may apply such funds, subject to the availability of appropriations, equal to the share of the cost of the non-Federal interest of carrying out other flood damage reduction and coastal navigation projects or studies.
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Federal law — U.S. Code and appendices · legal_authorities
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
### Statutory Notes
Section, act Mar. 3, 1925, ch. 467, § 11, 43 Stat. 1197; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501, related to advancements by and repayments to local interests for river and harbor improvement projects.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 561
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Submission to Secretary**
(1) **In general** — A non-Federal interest may undertake and submit to the Secretary—
(A) a federally authorized feasibility study of a proposed water resources development project; or
(B) upon the determination of the Secretary that the modifications are consistent with the authorized purposes of the project, a feasibility study on modifications to a water resources development project constructed by the Corps of Engineers or constructed by a non-Federal interest pursuant to [section 2232 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2232&num=0&edition=prelim).
(2) **Guidelines** — To assist non-Federal interests, the Secretary shall issue guidelines for the formulation of feasibility studies of water resources development projects undertaken by non-Federal interests that—
(A) provide clear, concise, and transparent guidance for the non-Federal interest to use in developing a feasibility study that complies with requirements that would apply to a feasibility study undertaken by the Secretary;
(B) provide sufficient information for the formulation of the studies, including processes and procedures related to reviews and assistance under subsection (e);
(C) provide guidance to a non-Federal interest on obtaining support from the Secretary to complete elements of a feasibility study that may be considered inherently governmental and required to be done by a Federal agency; and
(D) provide contacts for employees of the Corps of Engineers that a non-Federal interest may use to initiate coordination with the Secretary and identify at what stages coordination may be beneficial.
(3) **Determination** — If a non-Federal interest requests to undertake a feasibility study on a modif
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2234
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Water resources development project defined** In this section, the term “water resources development project” means a project recommendation that results from—
(1) a feasibility report, as such term is defined in section 2282d(f) 11 See References in Text note below. of this title;
(2) a completed feasibility study developed under [section 2231 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2231&num=0&edition=prelim); or
(3) a final feasibility study for water resources development and conservation and other purposes that is specifically authorized by Congress to be carried out by the Secretary.
**(b) Authority**
(1) **In general** — A non-Federal interest may carry out a federally authorized water resources development project, or separable element thereof—
(A) in accordance with a plan approved by the Secretary for the project or separable element; and
(B) subject to any conditions that the Secretary may require, including any conditions specified under [section 2231(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2231/c/3&num=0&edition=prelim).
(2) **Conditions** — Before carrying out a water resources development project, or separable element thereof, under this section, a non-Federal interest shall—
(A) obtain any permit or approval required in connection with the project or separable element under Federal or State law, except as provided in paragraph (3); and
(B) ensure that a final environmental impact statement or environmental assessment, as appropriate, for the project or separable element has been filed.
(3) **Permit exception**
(A) *In general* — For a project described in subsection (a)(1) or subsection (a)(3), or a separable element ther
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2235
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Federal law — U.S. Code and appendices · legal_authorities
Page 717
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2231
interest has entered into a memorandum of un-
derstanding with the Federal agency that in-
cludes such terms and conditions as the Sec-
retary determines to be necessary.
(c) Applicability
Nothing in this section alters any non-Federal
cost-sharing requirements for the project.
(Pub. L. 113–121, title I, § 1025, June 10, 2014, 128
Stat. 1229.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Water Resources
Reform and Development Act of 2014, 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 2 of Pub. L. 113–121, set out as a note under section
2201 of this title.
§ 2227. Clarification of impacts to other Federal
facilities
In any case where the modification or con-
struction of a water resources development
project carried out by the Secretary adversely
impacts other Federal facilities, the Secretary
may accept from other Federal agencies such
funds as may be necessary to address the ad-
verse impact, including by removing, relocating,
or reconstructing those facilities.
(Pub. L. 113–121, title I, § 1026, June 10, 2014, 128
Stat. 1229.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Water Resources
Reform and Development Act of 2014, 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 2 of Pub. L. 113–121, set out as a note under section
2201 of this title.
SUBCHAPTER II—HARBOR DEVELOPMENT
§ 2231. Study of water resources developmen
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2231
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