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33 U.S.C. § 2270 — Post-disaster watershed assessments

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

33 U.S.C. § 2270 — Post-disaster watershed assessments

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Stable record: federal_law:legal_authorities:record_usc_4dbdefe86f190be3ddc56ea3
Source file: Laws/federal/codes/united-states-code/title-33/section-2270-post-disaster-watershed-assessments--e04541896a.md
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Source location: Title 33, Chapter 36, § 2270; chapter-036-water-resources-development.md

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**(a) Watershed assessments** (1) **In general** — In an area that the President has declared a major disaster in accordance with [section 5170 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170&num=0&edition=prelim), the Secretary may carry out a watershed assessment to identify, to the maximum extent practicable, specific flood risk reduction, hurricane and storm damage reduction, ecosystem restoration, or navigation project recommendations that will help to rehabilitate and improve the resiliency of damaged infrastructure and natural resources to reduce risks to human life and property from future natural disasters. (2) **Existing projects** — A watershed assessment carried out paragraph 11 So in original. Probably should be preceded by “under”. (1) may identify existing projects being carried out under 1 or more of the authorities referred to in subsection (b)(1). (3) **Duplicate watershed assessments** — In carrying out a watershed assessment under paragraph (1), the Secretary shall use all existing watershed assessments and related information developed by the Secretary or other Federal, State, or local entities. **(b) Projects** (1) **In general** — The Secretary may carry out projects identified under a watershed assessment under subsection (a) in accordance with the criteria for projects carried out under one of the following authorities: (A) 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)). (B) 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)). (C) Section 206 of the Water Resources Development Act of 1996 ([33 U.S.C. 2330](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2330&num=0&edition=prelim)). (D) Section 1135 of the Water Resources Development Act of 1986 ([33 U.S.C. 2309a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2309a&num=0&edition=prelim)). (E) 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)). (F) Section 3 of the Act of August 13, 1946 ([33 U.S.C. 426g](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426g&num=0&edition=prelim)). (2) **Annual plan** — For each project that does not meet the criteria under paragraph (1), the Secretary shall include a recommendation relating to the project in the annual report submitted to Congress by the Secretary in accordance with [section 2282d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2282d&num=0&edition=prelim). (3) **Existing projects** — In carrying out a project under paragraph (1), the Secretary shall— (A) to the maximum extent practicable, use all existing information and studies available for the project; and (B) not require any element of a study completed for the project prior to the disaster to be repeated. **(c) Requirements** All requirements applicable to a project under the Acts described in subsection (b) shall apply to the project. **(d) Limitations on assessments** A watershed assessment under subsection (a) shall be initiated not later than 2 years after the date on which the major disaster declaration is issued. **(e) Assessments in territories of the United States** (1) **In general** — For any major disaster declared in a territory of the United States before October 23, 2018, all activities in the territory carried out or undertaken pursuant to the authorities described in this section shall be conducted at full Federal expense unless the President determines that the territory has the ability to pay the cost share for an assessment under this section without the use of loans. (2) **Territory defined** — In this subsection, the term “territory of the United States” means an insular area specified in [section 2310(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2310/a/1&num=0&edition=prelim).

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

33 U.S.C. § 426g — Storm and hurricane restoration and impact minimization program

**(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

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

33 U.S.C. § 2309a — Control of ice

**(a) Program authority** The Secretary shall undertake a program of research for the control of ice, and to assist communities in breaking up ice, which otherwise is likely to cause or aggravate flood damage or severe streambank erosion. **(b) Assistance to units of local government** The Secretary is further authorized to provide technical assistance to units of local government to implement local plans to control or break up such ice. As part of such authority, the Secretary shall acquire necessary ice-control or ice-breaking equipment, which shall be loaned to units of local government together with operating assistance, where appropriate. **(c) Authorization of appropriations** There is authorized to be appropriated $5,000,000 per fiscal year for each of the fiscal years 1988, 1989, 1990, 1991, and 1992 for purposes of carrying out subsections (a) and (b) of this section, such sums to remain available until expended. **(d) Hardwick, Vermont, demonstration program** To implement further the purposes of this section, the Secretary, in consultation and cooperation with local officials, is authorized and directed to undertake a demonstration program for the control of ice at Hardwick, Vermont. The work authorized by this subsection shall be designed to minimize the danger of flooding due to ice problems in the vicinity of such community. In the design, construction, and location of ice-control structures for this project, full consideration will be given to the recreational, scenic, and environmental values of the reach of river affected by the project, in order to minimize project impacts on these values. Full opportunity shall be given to interested environmental and recreational organizations to participate in such planning. There is authorized to be appropriated

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2309a

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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. § 2282d — Planning

**(a) Omitted** **(b) Planning process improvements** The Chief of Engineers— (1) shall adopt a risk analysis approach to project cost estimates for water resources projects; and (2) not later than one year after November 8, 2007, shall— (A) issue procedures for risk analysis for cost estimation for water resources projects; and (B) submit to Congress a report that includes any recommended amendments to [section 2280 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2280&num=0&edition=prelim). **(c) Benchmarks** (1) **In general** — Not later than 12 months after November 8, 2007, the Chief of Engineers shall establish benchmarks for determining the length of time it should take to conduct a feasibility study for a water resources project and its associated review process under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.). The Chief of Engineers shall use such benchmarks as a management tool to make the feasibility study process more efficient in all districts of the Corps of Engineers. (2) **Benchmark goals** — The Chief of Engineers shall establish, to the extent practicable, under paragraph (1) benchmark goals for completion of feasibility studies for water resources projects generally within 2 years. In the case of feasibility studies that the Chief of Engineers determines may require additional time based on the project type, size, cost, or complexity, the benchmark goal for completion shall be generally within 4 years. **(d) Calculation of benefits and costs for flood damage reduction projects** A feasibility study for a project for flood damage reduction shall include, as part of t

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

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

33 U.S.C. § 426i — Shore damage prevention or mitigation

**(a) In general** The Secretary of the Army is authorized to investigate, study, plan, and implement structural and nonstructural measures for the prevention or mitigation of shore damages attributable to Federal navigation works and shore damage attributable to the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway, if a non-Federal public body agrees to operate and maintain such measures, and, in the case of interests in real property acquired in conjunction with nonstructural measures, to operate and maintain the property for public purposes in accordance with regulations prescribed by the Secretary. **(b) Cost sharing** The costs of implementing measures, including a study, shall be cost-shared in the same proportion as the cost-sharing provisions applicable to construction of the project causing the shore damage. **(c) Requirement for specific authorization** No such project shall be initiated without specific authorization by Congress if the Federal first cost exceeds $15,000,000. **(d) Coordination** The Secretary shall— (1) coordinate the implementation of the measures under this section with other Federal and non-Federal shore protection projects in the same geographic area; and (2) to the extent practicable, combine mitigation projects with other shore protection projects in the same area into a comprehensive regional project. **(e) Reimbursement for feasibility studies** Beginning on December 16, 2016, in any case in which the Secretary implements a project under this section, the Secretary shall reimburse or credit the non-Federal interest for any amounts contributed for the study evaluating the damage in excess of the non-Federal share of the costs, as determined under subsection (b).

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 426i

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

33 U.S.C. § 701s — Small flood control projects; appropriations; amount limitation for single locality; conditions

The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter made for flood control, not to exceed $90,000,000 for any one fiscal year, for the implementation of small structural and nonstructural projects, and projects that use natural features or nature-based features (as those terms are defined in [section 2289a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2289a/a&num=0&edition=prelim)), for flood control and related purposes not specifically authorized by Congress, which come within the provisions of [section 701a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701a&num=0&edition=prelim), when in the opinion of the Chief of Engineers such work is advisable. The amount allotted for a project shall be sufficient to complete Federal participation in the project. Not more than $15,000,000 shall be allotted under this section for a project at any single locality. The provisions of local cooperation specified in [section 701c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701c&num=0&edition=prelim) shall apply. The work shall be complete in itself and not commit the United States to any additional improvement to insure its successful operation, except as may result from the normal procedure applying to projects authorized after submission of preliminary examination and survey reports.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701s

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

33 U.S.C. § 577 — Small river and harbor improvement projects

**(a) Allotment from appropriations for construction** The Secretary of the Army is authorized to allot from any appropriations hereafter made for rivers and harbors not to exceed $62,500,000 for any one fiscal year for the construction of small river and harbor improvement projects not specifically authorized by Congress which will result in substantial benefits to navigation and which can be operated consistently with appropriate and economic use of the waters of the Nation for other purposes, when in the opinion of the Chief of Engineers such work is advisable, if benefits are in excess of the cost. **(b) Limitation on allotment** Not more than $15,000,000 shall be allotted for the construction of a project under this section at any single locality and the amount allotted shall be sufficient to complete the Federal participation in the project under this section. **(c) Lands, easements, and rights-of-way; indemnification; assurances of local cooperation** Local interests shall provide without cost to the United States all necessary lands, easements and rights-of-way for all projects to be constructed under the authority of this section. In addition, local interests may be required to hold and save the United States free from damages that may result from the construction and maintenance of the project and may be required to provide such additional local cooperation as the Chief of Engineers deems appropriate. A State, county, municipality or other responsible local entity shall give assurance satisfactory to the Chief of Engineers that such conditions of cooperation as are required will be accomplished. **(d) Sharing of costs by non-Federal interests** Non-Federal interests may be required to share in the cost of the project to the extent that the Chief of Engineer

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 577

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

33 U.S.C. § 2330 — Challenge cost-sharing program for management of recreation facilities

**(a) In general** The Secretary is authorized to develop and implement a program to share the cost of managing recreation facilities and natural resources at water resource development projects under the Secretary’s jurisdiction. **(b) Cooperative agreements** (1) **In general** — To implement the program under this section, the Secretary is authorized to enter into cooperative agreements with non-Federal public entities and private nonprofit entities to provide for operation and management of recreation facilities and natural resources at civil works projects under the Secretary’s jurisdiction where such facilities and resources are being maintained at complete Federal expense. (2) **Requirements** — Before entering into an agreement under paragraph (1), the Secretary shall ensure that the non-Federal public entity or private nonprofit entity has the authority and capability— (A) to carry out the terms of the agreement; and (B) to pay damages, if necessary, in the event of a failure to perform. **(c) User fees** (1) **Collection of fees** (A) *In general* — The Secretary may allow a non-Federal public entity or private nonprofit entity that has entered into an agreement pursuant to subsection (b) to collect user fees for the use of developed recreation sites and facilities, whether developed or constructed by the non-Federal public entity or private nonprofit entity or the Department of the Army. (B) *Use of visitor reservation services* (i) *In general* — A non-Federal public entity or a private nonprofit entity described in subparagraph (A) may use, to manage fee collections and reservations under this section, any visitor reservation service that the Secretary has provided for by contract or interagency agreement, subject to such terms and con

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2330

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

42 U.S.C. § 5170 — Procedure for declaration

**(a) In general** All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As part of such request, and as a prerequisite to major disaster assistance under this chapter, the Governor shall take appropriate response action under State law and direct execution of the State’s emergency plan. The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements of this chapter. Based on the request of a Governor under this section, the President may declare under this chapter that a major disaster or emergency exists. **(b) Indian tribal government requests** (1) **In general** — The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that a major disaster exists consistent with the requirements of subsection (a). (2) **References** — In implementing assistance authorized by the President under this chapter in response to a request of the Chief Executive of an affected Indian tribal government for a major disaster declaration, any reference in this subchapter or subchapter III (except sections 5153 and 5165d of this title) to a State or the Governor of a State is deemed to refer to a

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5170

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

33 U.S.C. § 2270 — Subsurface drain systems research and

Page 757 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2280 ‘‘(F) regularly monitor and audit each eligible project being constructed by an Indian Tribe under this section to ensure that the construction activi- ties are carried out in compliance with the plans approved by the Secretary and that the construc- tion costs are reasonable. ‘‘(2) DETAILED PROJECT SCHEDULE.—Not later than 180 days after entering into an agreement under para- graph (1)(D), each Indian Tribe, to the maximum ex- tent practicable, shall submit to the Secretary a de- tailed project schedule, based on estimated funding levels, that lists all deadlines for each milestone in the construction of the eligible project. ‘‘(3) TECHNICAL ASSISTANCE.—On the request of an Indian Tribe, the Secretary may provide technical as- sistance to the Indian Tribe, if the Indian Tribe con- tracts with and compensates the Secretary for the technical assistance relating to— ‘‘(A) any study, engineering activity, and design activity for construction carried out by the Indian Tribe under this section; and ‘‘(B) expeditiously obtaining any permits nec- essary for the eligible project. ‘‘(e) COST SHARE.—Nothing in this section affects the cost-sharing requirement applicable on the day before the date of enactment of this Act to an eligible project carried out under this section. ‘‘(f) IMPLEMENTATION GUIDANCE.— ‘‘(1) IN GENERAL.—Not later than 120 days after the date of enactment of this Act, the Secretary shall issue guidance for the implementation of the pilot program under this section that, to the extent prac- ticable, identifies— ‘‘(A) the metrics for measuring the success of the pilot program; ‘‘(B) a process for identifying future eligible projects to participate in the pilot program; ‘‘(C) measur

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2270

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