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33 U.S.C. § 2226 — Transfer of excess credit

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

33 U.S.C. § 2226 — Transfer of excess credit

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Stable record: federal_law:legal_authorities:record_usc_5c3ca374d7dc1d82e8e1aed8
Source file: Laws/federal/codes/united-states-code/title-33/section-2226-transfer-of-excess-credit--c3f308dca2.md
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Source location: Title 33, Chapter 36, § 2226; chapter-036-water-resources-development.md

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**(a) Application of credit** (1) **In general** — Subject to subsection (b), the Secretary may apply credit for in-kind contributions provided by a non-Federal interest that are in excess of the required non-Federal cost share for a water resources development study or project toward the required non-Federal cost share for a different water resources development study or project. (2) **Application prior to completion of project** — On request of a non-Federal interest, the credit described in paragraph (1) may be applied prior to completion of a study or project, if the credit amount is verified by the Secretary. (3) **Studies and projects with multiple non-Federal interests** — A credit described in paragraph (1) for a study or project with multiple non-Federal interests may be applied to the required non-Federal cost share for a study or project of any such non-Federal interest, if each such non-Federal interest agrees in writing to such application. **(b) Restrictions** (1) **In general** — Except for subsection (a)(4)(D)(i) of that section, the requirements of [section 1962d–5b of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962d–5b&num=0&edition=prelim) (as amended by section 1018(a)) shall apply to any credit under this section. (2) **Conditions** — Credit in excess of the non-Federal share for a study or project may be approved under this section only if— (A) the non-Federal interest submits a comprehensive plan to the Secretary that identifies— (i) the studies and projects for which the non-Federal interest intends to provide in-kind contributions for credit that are in excess of the non-Federal cost share for the study or project; and (ii) the authorized studies and projects to which that excess credit would be applied; (B) the Secretary approves the comprehensive plan; and (C) the total amount of credit does not exceed the total non-Federal share for the studies and projects in the approved comprehensive plan. (3) **Conditional approval of excess credit** — Notwithstanding paragraph (2)(A)(ii), the Secretary may approve credit in excess of the non-Federal share for a study or project prior to the identification of each authorized study or project to which the excess credit will be applied, subject to the condition that the non-Federal interest agrees to submit for approval by the Secretary an amendment to the comprehensive plan prepared under paragraph (2) that identifies each authorized study or project in advance of execution of the feasibility cost-sharing agreement or project partnership agreement for that authorized study or project. **(c) Additional criteria** In evaluating a request to apply credit in excess of the non-Federal share for a study or project toward a different study or project, the Secretary shall consider whether applying that credit will— (1) help to expedite the completion of a project or group of projects; (2) reduce costs to the Federal Government; and (3) aid the completion of a project that provides significant flood risk reduction or environmental benefits. **(d) Termination of authority** The authority provided in this section shall terminate on December 31, 2030. **(e) Report** (1) **Deadlines** (A) *In general* — Not later than 2 years after June 10, 2014, and once every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available an interim report on the use of the authority under this section. (B) *Final report* — Not later than December 31, 2030, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a final report on the use of the authority under this section. (2) **Inclusions** — The reports described in paragraph (1) shall include— (A) a description of the use of the authority under this section during the reporting period; (B) an assessment of the impact of the authority under this section on the time required to complete projects; and (C) an assessment of the impact of the authority under this section on other water resources projects.

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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

42 U.S.C. § 1962d–5b — Delegation of functions

The Council is authorized to delegate to any member or employee of the Council its administrative functions under [section 1962a–4 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962a-4&num=0&edition=prelim) and the detailed administration of the grant program under subchapter III.

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

33 U.S.C. § 2226 — Water resources projects on Federal land

Page 716 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2224 1 See References in Text note below. the Water Resources Development Act of 1986 which comprises this chapter. AMENDMENTS 2025—Subsecs. (d), (e)(1)(B). Pub. L. 118–272 sub- stituted ‘‘2030’’ for ‘‘2028’’. 2022—Subsec. (a)(3). Pub. L. 117–263, § 8383(1), added par. (3). Subsec. (b)(3). Pub. L. 117–263, § 8383(2), added par. (3). Subsec. (d). Pub. L. 117–263, § 8383(3), substituted ‘‘on December 31, 2028’’ for ‘‘10 years after June 10, 2014’’. Subsec. (e)(1)(B). Pub. L. 117–263, § 8383(4), substituted ‘‘December 31, 2028’’ for ‘‘10 years after June 10, 2014’’. 2016—Subsec. (a). Pub. L. 114–322 substituted ‘‘Appli- cation of credit’’ for ‘‘In general’’ in subsec. heading, designated existing provisions as par. (1) and inserted par. (1) heading, and added par. (2). 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. § 2224. Crediting authority for federally author- ized navigation projects A non-Federal interest may carry out oper- ation and maintenance activities for an author- ized navigation project, subject to the condition that the non-Federal interest complies with all Federal laws and regulations applicable to such operation and maintenance activities, and may receive credit for the costs incurred by the non- Federal interest in carrying out such activities towards the share of construction costs of that non-Federal interest for another element of the same project or another authorized navigation project, except that in no instance may such credit exceed 20 percent of the total costs associ- ated with construction of the general navigation fea

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2226

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