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33 U.S.C. § 2283 — Review of resiliency assessments

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

33 U.S.C. § 2283 — Review of resiliency assessments

**(a) Resiliency assessment** (1) **In general** — Not later than 180 days after December 27, 2020, and in conjunction with the development of procedures under [section 1962–4 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962–4&num=0&edition=prelim), the Secretary is directed to review, and where appropriate, revise the existing planning guidance documents and regulations of the Corps of Engineers on the assessment of the effects of sea level rise or inland flooding on future water resources development projects to ensure that such guidance documents and regulations are based on the best available, peer-reviewed science and data on the current and future effects of sea level rise or inland flooding on relevant communities. (2) **Coordination** — In carrying out this subsection, the Secretary shall— (A) coordinate the review with the Engineer Research and Development Center, other Federal and State agencies, and other relevant entities; and (B) to the maximum extent practicable and where appropriate, utilize data provided to the Secretary by such agencies. **(b) Assessment of benefits from addressing sea level rise and inland flooding resiliency in feasibility reports** (1) **In general** — Upon the request of a non-Federal interest, in carrying out a feasibility study for a project for flood risk mitigation, hurricane and storm damage risk reduction, or ecosystem restoration under [section 2282 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2282&num=0&edition=prelim), the Secretary shall consider whether the need for the project is predicated upon or exacerbated by conditions related to sea level rise or inland flooding. (2) **Addressing sea level rise and inland flooding

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Stable record: federal_law:legal_authorities:record_usc_84207d16cae741b7e1270e79
Source file: Laws/federal/codes/united-states-code/title-33/section-2283-review-of-resiliency-assessments--7ebc4e728f.md
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Passage SHA-256: 98a8184c4b53d7f057b2f8eb08dfafe6b42f1c5aaa52d913d79abc987d1962b2

Source location: Title 33, Chapter 36, § 2283; chapter-036-water-resources-development.md

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

33 U.S.C. § 2282 — Corps of Engineers support for underserved 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 resources development needs of all communities in the United States. **(b) Outreach and access** (1) **In general** — The Secretary shall, at Federal expense, develop, support, and implement public awareness, education, and regular outreach and engagement efforts for potential non-Federal interests with respect to the water resources development authorities of the Secretary, with particular emphasis on— (A) technical service programs, including the authorities under— (i) [section 709a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section709a&num=0&edition=prelim); (ii) [section 1962d–16 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962d–16&num=0&edition=prelim); and (iii) [section 2269 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2269&num=0&edition=prelim); (B) continuing authority programs, as such term is defined in [section 2282d(c)(1)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2282d/c/1/D&num=0&edition=prelim); and (C) ensuring that a potential non-Federal interest is aware of the roles, responsibilities, and financial commitments associated with a completed water resources development project prior to initiating a feasibility study (as defined in [section 2215(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2215/d&num=0&edition=prelim)), including operations, maintenance, repair, replacement, and rehabilitation responsibili

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

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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. § 1962–4 — Great Lakes fishery and ecosystem restoration

**(a) Findings** Congress finds that— (1) the Great Lakes comprise a nationally and internationally significant fishery and ecosystem; (2) the Great Lakes fishery and ecosystem should be developed and enhanced in a coordinated manner; and (3) the Great Lakes fishery and ecosystem provides a diversity of opportunities, experiences, and beneficial uses. **(b) Definitions** In this section, the following definitions apply: (1) **Great Lake** (A) *In general* — The term “Great Lake” means Lake Superior, Lake Michigan, Lake Huron (including Lake St. Clair), Lake Erie, and Lake Ontario (including the St. Lawrence River to the 45th parallel of latitude). (B) *Inclusions* — The term “Great Lake” includes any connecting channel, historically connected tributary, and basin of a lake specified in subparagraph (A). (2) **Great Lakes Commission** — The term “Great Lakes Commission” means the Great Lakes Commission established by the Great Lakes Basin Compact (82 Stat. 414). (3) **Great Lakes Fishery Commission** — The term “Great Lakes Fishery Commission” has the meaning given the term “Commission” in [section 931 of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section931&num=0&edition=prelim). (4) **Great Lakes State** — The term “Great Lakes State” means each of the States of Illinois, Indiana, Michigan, Minnesota, Ohio, Pennsylvania, New York, and Wisconsin. **(c) Great Lakes fishery and ecosystem restoration** (1) **Support plan** (A) *In general* — Not later than 1 year after December 11, 2000, the Secretary shall develop a plan for activities of the Corps of Engineers that support the management of Great Lakes fisheries. (B) *Use of existing documents* — To the maximum extent practicable, the plan shall make use of and in

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1962–4

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

16 U.S.C. § 3957 — Environmental banks

**(a) Guidelines** Not later than 1 year after December 16, 2016, the Task Force shall, after public notice and opportunity for comment, issue guidelines for the use, maintenance, and oversight of environmental banks in Louisiana. **(b) Requirements** The guidelines issued pursuant to subsection (a) shall— (1) set forth procedures for establishment and approval of environmental banks subject to the approval of the heads of the appropriate Federal agencies responsible for implementation of Federal environmental laws for which mitigation credits may be used; (2) establish criteria for siting of environmental banks that enhance the resilience of coastal resources to inundation and coastal erosion in high priority areas, as identified within Federal or State restoration plans, including the restoration of resources within the scope of a project authorized for construction; (3) establish criteria that ensure environmental banks secure adequate financial assurances and legally enforceable protection for the land or resources that generate the credits from environmental banks; (4) stipulate that credits from environmental banks may not be used for mitigation of impacts required under section 404 of the Federal Water Pollution Control Act ([33 U.S.C. 1342](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim)) 11 See References in Text note below. or the Endangered Species Act ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.) in an area where an existing mitigation bank approved pursuant to such laws within 5 years of enactment of the Water Resources Development Act of 2016 has credits available; (5) establish performance criteria for environmen

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

33 U.S.C. § 2215 — Flood control and other purposes

**(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

33 U.S.C. § 2235 — Construction of water resources development projects by non-Federal interests

**(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

33 U.S.C. § 2284 — Status report

(1) **In general** — Concurrent with the President’s submission to Congress of the President’s request for appropriations for the Civil Works Program for a fiscal year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the status of construction of projects that require mitigation under [section 2283 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2283&num=0&edition=prelim), the status of such mitigation, and the results of the consultation under subsection (d)(4)(B) of such section. (2) **Projects included** — The status report shall include the status of— (A) all projects that are under construction as of the date of the report; (B) all projects for which the President requests funding for the next fiscal year; and (C) all projects that have undergone or completed construction, but have not completed the mitigation required under [section 2283 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2283&num=0&edition=prelim). (3) **Information included** — In reporting the status of all projects included in the report, the Secretary shall— (A) use a uniform methodology for determining the status of all projects included in the report; (B) use a methodology that describes both a qualitative and quantitative status for all projects in the report; and (C) provide specific dates for participation in the consultations required under [section 2283(d)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2283/d/4/B&num=0&edition=prelim). (4) **Availability of information** — The Secretary shall make

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2284

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

33 U.S.C. § 2320 — Mitigation banks and in-lieu fee arrangements

(1) **In general** — Not later than 180 days after December 16, 2016, the Secretary shall issue implementation guidance that provides for the consideration in water resources development feasibility studies of the entire amount of potential in-kind credits available at mitigation banks approved by the Secretary and in-lieu fee programs with an approved service area that includes the location of the projected impacts of the water resources development project. (2) **Requirements** — All potential mitigation bank and in-lieu fee credits that meet the criteria under paragraph (1) shall be considered a reasonable alternative for planning purposes if— (A) the applicable mitigation bank— (i) has an approved mitigation banking instrument; and (ii) has completed a functional analysis of the potential credits using the approved Corps of Engineers certified habitat assessment model specific to the region; and (B) the Secretary determines that the use of such banks or in-lieu fee programs provide reasonable assurance that the statutory (and regulatory) mitigation requirements for a water resources development project are met, including monitoring or demonstrating mitigation success. (3) **Effect** — Nothing in this subsection— (A) modifies or alters any requirement for a water resources development project to comply with applicable laws or regulations, including [section 2283 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2283&num=0&edition=prelim); or (B) shall be construed as to limit mitigation alternatives or require the use of mitigation banks or in-lieu fee programs.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2320

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

33 U.S.C. § 652 — Upper Mississippi River Management

**(a) Short title; Congressional declaration of intent** (1) This section may be cited as the “Upper Mississippi River Management Act of 1986”. (2) To ensure the coordinated development and enhancement of the Upper Mississippi River system, it is hereby declared to be the intent of Congress to recognize that system as a nationally significant ecosystem and a nationally significant commercial navigation system. Congress further recognizes that the system provides a diversity of opportunities and experiences. The system shall be administered and regulated in recognition of its several purposes. **(b) Definitions** For purposes of this section— (1) the terms “Upper Mississippi River system” and “system” mean those river reaches having commercial navigation channels on the Mississippi River main stem north of Cairo, Illinois; the Minnesota River, Minnesota; Black River, Wisconsin; Saint Croix River, Minnesota and Wisconsin; Illinois River and Waterway, Illinois; and Kaskaskia River, Illinois; (2) the term “Master Plan” means the comprehensive master plan for the management of the Upper Mississippi River system, dated January 1, 1982, prepared by the Upper Mississippi River Basin Commission and submitted to Congress pursuant to Public Law 95–502; (3) the term “GREAT I, GREAT II, and GRRM studies” means the studies entitled “GREAT Environmental Action Team—GREAT I—A Study of the Upper Mississippi River”, dated September 1980, “GREAT River Environmental Action Team—GREAT II—A Study of the Upper Mississippi River”, dated December 1980, and “GREAT River Resource Management Study”, dated September 1982; and (4) the term “Upper Mississippi River Basin Association” means an association of the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, formed for the purpos

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 652

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

33 U.S.C. § 2283 — Fish and wildlife mitigation

Page 777 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2283 request of the non-Federal interest for the appli- cable project, that the Secretary credit toward the non-Federal share of the cost of the project the value of economic, hydraulic, and hydrologic models required for the project that are devel- oped by the non-Federal interest in accordance with any policies and guidelines applicable to the relevant partnership agreement pursuant to such section. (g) Review The Secretary shall review economic, hydrau- lic, and hydrologic models developed under this section in the same manner as any such models developed under any other authority of the Sec- retary. (h) Definitions In this section: (1) Compound flooding The term ‘‘compound flooding’’ means a flooding event in which two or more flood drivers, such as coastal storm surge-driven flooding and inland rainfall-driven flooding, occur simultaneously or in close succession and the potential adverse effects of the com- bined flood drivers may be greater than that of the individual flood driver components. (2) Economic The term ‘‘economic’’, as used in reference to models, means relating to the evaluation of benefits and cost attributable to a project for an economic justification under section 1962–2 of title 42. (Pub. L. 118–272, div. A, title I, § 1131, Jan. 4, 2025, 138 Stat. 3020.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Development Act of 2024, and also as part of the Thom- as R. Carper Water Resources Development Act of 2024, 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 1002 of di

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2283

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