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33 U.S.C. § 2335 — Shoreline and riverine protection and restoration
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary may carry out studies and projects to—
(1) reduce flood and hurricane and storm damage hazards; or
(2) restore the natural functions and values of rivers and shorelines throughout the United States.
**(b) Studies and projects**
(1) **Authority**
(A) *Studies* — In carrying out subsection (a), the Secretary may carry out studies to identify appropriate measures for—
(i) the reduction of flood and hurricane and storm damage hazards, including measures for erosion mitigation and bank stabilization; or
(ii) the conservation and restoration of the natural functions and values of rivers and shorelines.
(B) *Projects* — Subject to subsection (f)(2), in carrying out subsection (a), the Secretary may design and implement projects described in subsection (a).
(2) **Consultation and coordination** — The studies and projects carried out under this section shall be conducted, to the maximum extent practicable, in consultation and coordination with the Federal Emergency Management Agency and other appropriate Federal agencies, and in consultation and coordination with appropriate State and local agencies and tribes.
(3) **Nonstructural approaches** — The studies and projects shall emphasize, to the maximum extent practicable and appropriate, nonstructural approaches to preventing or reducing flood and hurricane and storm damages, including the use of natural features or nature-based features.
(4) **Participation** — The studies and projects shall be conducted, to the maximum extent practicable, in cooperation with State and local agencies and tribes to ensure the coordination of local flood and hurricane and storm damage reduction or riverine, shoreline, and wetland restoration studies with projects that conserve, restore, and m
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Stable record: federal_law:legal_authorities:record_usc_49ec387cf30d472382ff9b94
Source file: Laws/federal/codes/united-states-code/title-33/section-2335-shoreline-and-riverine-protection-and-restoration--83aa978082.md
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Source location: Title 33, Chapter 36, § 2335; chapter-036-water-resources-development.md
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**(a) In general** The Secretary may carry out studies and projects to—
(1) reduce flood and hurricane and storm damage hazards; or
(2) restore the natural functions and values of rivers and shorelines throughout the United States.
**(b) Studies and projects**
(1) **Authority**
(A) *Studies* — In carrying out subsection (a), the Secretary may carry out studies to identify appropriate measures for—
(i) the reduction of flood and hurricane and storm damage hazards, including measures for erosion mitigation and bank stabilization; or
(ii) the conservation and restoration of the natural functions and values of rivers and shorelines.
(B) *Projects* — Subject to subsection (f)(2), in carrying out subsection (a), the Secretary may design and implement projects described in subsection (a).
(2) **Consultation and coordination** — The studies and projects carried out under this section shall be conducted, to the maximum extent practicable, in consultation and coordination with the Federal Emergency Management Agency and other appropriate Federal agencies, and in consultation and coordination with appropriate State and local agencies and tribes.
(3) **Nonstructural approaches** — The studies and projects shall emphasize, to the maximum extent practicable and appropriate, nonstructural approaches to preventing or reducing flood and hurricane and storm damages, including the use of natural features or nature-based features.
(4) **Participation** — The studies and projects shall be conducted, to the maximum extent practicable, in cooperation with State and local agencies and tribes to ensure the coordination of local flood and hurricane and storm damage reduction or riverine, shoreline, and wetland restoration studies with projects that conserve, restore, and manage hydrologic and hydraulic regimes and restore the natural functions and values of floodplains and coastal barriers.
**(c) Cost-sharing requirements**
(1) **Studies** — Studies conducted under this section shall be subject to cost sharing in accordance with [section 2215 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2215&num=0&edition=prelim), except that the first $200,000 of the costs of a study conducted under this section shall be at Federal expense.
(2) **Environmental restoration and nonstructural projects**
(A) *In general* — Design and construction of a project under this section that includes a nonstructural measure, a natural feature or nature-based feature, or an environmental restoration measure, shall be subject to cost sharing in accordance with [section 2213 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2213&num=0&edition=prelim), except that the non-Federal share of the cost to design and construct such a project benefitting an economically disadvantaged community (including economically disadvantaged communities located in urban and rural areas) shall be 10 percent.
(B) *Items provided by non-Federal interests* — The non-Federal interests shall provide all land, easements, rights-of-way, dredged material disposal areas, and relocations necessary for such projects.
(C) *Credit* — The value of such land, easements, rights-of-way, dredged material disposal areas, and relocations shall be credited toward the payment required under this paragraph.
(3) **Structural flood control or hurricane and storm damage reduction projects** — Any structural flood control or hurricane and storm damage reduction projects carried out under this section shall be subject to cost sharing in accordance with [section 2213 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2213&num=0&edition=prelim), except that the non-Federal share of the cost to design and construct such a project benefitting an economically disadvantaged community (including economically disadvantaged communities located in urban and rural areas) shall be 10 percent.
(4) **Operation and maintenance** — The non-Federal interests shall be responsible for all costs associated with operating, maintaining, replacing, repairing, and rehabilitating all projects carried out under this section.
**(d) Project justification** Notwithstanding any requirement for economic justification established under [section 1962–2 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962–2&num=0&edition=prelim), the Secretary may implement a project under this section if the Secretary determines that the project—
(1) will significantly reduce potential flood, hurricane and storm, or erosion damages;
(2) will improve the quality of the environment; and
(3) is justified considering all costs and beneficial outputs of the project.
**(e) Areas for Examination**
(1) **In general** — In carrying out this section, the Secretary shall examine appropriate locations, including—
(A) Pima County, Arizona, at Paseo De Las Iglesias and Rillito River;
(B) Coachella Valley, Riverside County, California;
(C) Los Angeles and San Gabriel Rivers, California;
(D) Murrieta Creek, California;
(E) Napa River Valley watershed, California, at Yountville, St. Helena, Calistoga, and American Canyon;
(F) Santa Clara basin, California, at Upper Guadalupe River and Tributaries, San Francisquito Creek, and Upper Penitencia Creek;
(G) Pond Creek, Kentucky;
(H) Red River of the North, Minnesota, North Dakota, and South Dakota;
(I) Connecticut River, New Hampshire;
(J) Pine Mount Creek, New Jersey;
(K) Southwest Valley, Albuquerque, New Mexico;
(L) Upper Delaware River, New York;
(M) Briar Creek, North Carolina;
(N) Chagrin River, Ohio;
(O) Mill Creek, Cincinnati, Ohio;
(P) Tillamook County, Oregon;
(Q) Willamette River basin, Oregon;
(R) Blair County, Pennsylvania, at Altoona and Frankstown Township;
(S) Delaware River, Pennsylvania;
(T) Schuylkill River, Pennsylvania;
(U) Providence County, Rhode Island;
(V) Shenandoah River, Virginia;
(W) Lincoln Creek, Wisconsin;
(X) Perry Creek, Iowa;
(Y) Lester, St. Louis, East Savanna, and Floodwood Rivers, Duluth, Minnesota;
(Z) Lower Hudson River and tributaries, New York;
(AA) Susquehanna River watershed, Bradford County, Pennsylvania;
(BB) Clear Creek, Harris, Galveston, and Brazoria Counties, Texas;
(CC) Ascension Parish, Louisiana;
(DD) East Baton Rouge Parish, Louisiana;
(EE) Iberville Parish, Louisiana;
(FF) Livingston Parish, Louisiana; and
(GG) Pointe Coupee Parish, Louisiana.
(2) **Priority projects** — In carrying out this section, the Secretary shall prioritize projects for the following locations:
(A) Delaware beaches and watersheds, Delaware.
(B) Louisiana Coastal Area, Louisiana.
(C) Great Lakes Shores and Watersheds.
(D) Oregon Coastal Area and Willamette River basin, Oregon.
(E) Upper Missouri River Basin.
(F) Ohio River Tributaries and their watersheds, West Virginia.
(G) Chesapeake Bay watershed and Maryland beaches, Maryland.
(H) City of Southport, North Carolina.
(I) Maumee River, Ohio.
(J) Los Angeles and San Gabriel Rivers, California.
(K) Kentucky River and its tributaries and watersheds.
(L) Shoreline of the State of Connecticut.
(M) Winooski River tributary watershed, Vermont.
**(f) Procedure**
(1) **All projects** — The Secretary shall not implement any project under this section until—
(A) the Secretary submits to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notification describing the project and the determinations made under subsection (d)(1); and
(B) 21 calendar days have elapsed after the date on which the notification was received by the committees.
(2) **Projects requiring specific authorization** — If the Federal share of the cost to design and construct a project under this section exceeds $15,000,000, the Secretary may only carry out the project if Congress enacts a law authorizing the Secretary to carry out the project.
**(g) Definitions** In this section:
(1) **Economically disadvantaged community** — The term “economically disadvantaged community” has the meaning given the term as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 ([33 U.S.C. 2201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2201&num=0&edition=prelim) note).
(2) **Natural feature; nature-based feature** — The terms “natural feature” and “nature-based feature” have the meanings given those terms in [section 2289a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2289a/a&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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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
**(a) Flood control**
(1) **General rule** — The non-Federal interests for a project with costs assigned to flood control (other than a nonstructural project) shall—
(A) pay 5 percent of the cost of the project assigned to flood control during construction of the project;
(B) provide all lands, easements, rights-of-way, and dredged material disposal areas required only for flood control and perform all related necessary relocations; and
(C) provide that portion of the joint costs of lands, easements, rights-of-way, dredged material disposal areas, and relocations which is assigned to flood control.
(2) **35 percent minimum contribution** — If the value of the contributions required under paragraph (1) of this subsection is less than 35 percent of the cost of the project assigned to flood control, the non-Federal interest shall pay during construction of the project such additional amounts as are necessary so that the total contribution of the non-Federal interests under this subsection is equal to 35 percent of the cost of the project assigned to flood control.
(3) **50 percent maximum** — The non-Federal share under paragraph (1) shall not exceed 50 percent of the cost of the project assigned to flood control. The preceding sentence does not modify the requirement of paragraph (1)(A) of this subsection.
(4) **Deferred payment of amount exceeding 30 percent** — If the total amount of the contribution required under paragraph (1) of this subsection exceeds 30 percent of the cost of the project assigned to flood control, the non-Federal interests may pay the amount of the excess to the Secretary over a 15-year period (or such shorter period as may be agreed to by the Secretary and the non-Federal interests) beginning on the date construction of the project or
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2215
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional findings and declarations** The Congress finds and declares that—
(1) the Great Lakes are a most important natural resource to the eight Great Lakes States and two Canadian provinces, providing water supply for domestic and industrial use, clean energy through hydropower production, an efficient transportation mode for moving products into and out of the Great Lakes region, and recreational uses for millions of United States and Canadian citizens;
(2) the Great Lakes need to be carefully managed and protected to meet current and future needs within the Great Lakes basin and Canadian provinces;
(3) any new diversions of Great Lakes water for use outside of the Great Lakes basin will have significant economic and environmental impacts, adversely affecting the use of this resource by the Great Lakes States and Canadian provinces; and
(4) four of the Great Lakes are international waters and are defined as boundary waters in the Boundary Waters Treaty of 1909 between the United States and Canada, and as such any new diversion of Great Lakes water in the United States would affect the relations of the Government of the United States with the Government of Canada.
**(b) Congressional declaration of purpose and policy** It is therefore declared to be the purpose and policy of the Congress in this section—
(1) to take immediate action to protect the limited quantity of water available from the Great Lakes system for use by the Great Lakes States and in accordance with the Boundary Waters Treaty of 1909;
(2) to encourage the Great Lakes States, in consultation with the Provinces of Ontario and Quebec, to develop and implement a mechanism that provides a common conservation standard embodying the principles of water conservation and resource improvement
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1962–2
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Page 688
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2201
Sec.
2326e.
Non-Federal interest dredging authority.
2326f.
Maintenance dredging data.
2326g.
Beneficial use of dredged material; dredged
material management plans.
2326h.
Five-year regional dredged material manage-
ment plans.
2326i.
Beneficial use of dredged material.
2326j.
Transfer of suitable dredged material.
2327.
Definition of rehabilitation for inland water-
way projects.
2327a.
Rehabilitation of Corps of Engineers con-
structed pump stations.
2328.
Challenge cost-sharing program for manage-
ment of recreation facilities.
2328a.
Special use permits.
2329.
International outreach program.
2330.
Aquatic ecosystem restoration.
2330a.
Monitoring ecosystem restoration.
2330b.
Fish hatcheries.
2330c.
Aquatic ecosystem restoration.
2330d.
Public recreational amenities in ecosystem
restoration projects.
2331.
Use of continuing contracts for construction
of certain projects.
2331a.
Initiating work on separable elements.
2332.
Shoreline and riverine protection and res-
toration.
2333.
Irrigation diversion protection and fisheries
enhancement assistance.
2334.
Innovative technologies for watershed res-
toration.
2335.
Coastal aquatic habitat management.
2336.
Abandoned and inactive noncoal mine res-
toration.
2337.
Property protection program.
2338.
Reburial and conveyance authority.
2339.
Assistance programs.
2339a.
Cooperative agreements with Indian tribes.
2340.
Revision of project partnership agreement;
cost sharing.
2341.
Expedited actions for emergency flood dam-
age reduction.
2341a.
Prioritization.
2341b.
Prioritization of certain projects.
2341c.
Criteria for funding environmental infra-
structure projects.
2342.
Access to water resource
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2201
Stored review status: historical_2024_not_currentness_verified. The source passage cites 33 U.S.C. § 2201. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 839
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2335
(1) shall be developed in cooperation with
Federal and State resource agencies; and
(2) shall not impair the continued with-
drawal of water for irrigation purposes.
(c) Priority
In providing assistance under subsection (a),
the Secretary shall give priority based on—
(1) the objectives of the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.);
(2) cost-effectiveness; and
(3) the potential for reducing fish mortality.
(d) Non-Federal share
(1) In general
The non-Federal share of the cost of meas-
ures under subsection (a) shall be 50 percent.
(2) In-kind contributions
Not more than 50 percent of the non-Federal
contribution may be made through the provi-
sion of services, materials, supplies, or other
in-kind contributions.
(e) No construction activity
This section does not authorize any construc-
tion activity.
(f) Report
Not later than 2 years after August 17, 1999,
the Secretary shall submit to Congress a report
on—
(1) fish mortality caused by irrigation water
intake devices;
(2) appropriate measures to reduce fish mor-
tality;
(3) the extent to which those measures are
currently being employed in arid States;
(4) the construction costs associated with
those measures; and
(5) the appropriate Federal role, if any, to
encourage the use of those measures.
(Pub. L. 106–53, title V, § 515, Aug. 17, 1999, 113
Stat. 344.)
Editorial Notes
REFERENCES IN TEXT
The Endangered Species Act of 1973, referred to in
subsec. (c)(1), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884,
which is classified generally to chapter 35 (§ 1531 et seq.)
of Title 16, Conservation. For complete classification of
this Act to the Code, see Short Title note set out under
section 1531 of Title 16 and Tabl
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2335
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.