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33 U.S.C. § 2203 — Managed aquifer recharge study and working group

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

33 U.S.C. § 2203 — Managed aquifer recharge study and working group

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Stable record: federal_law:legal_authorities:record_usc_8a20ad9653f3ac308ec48b1f
Source file: Laws/federal/codes/united-states-code/title-33/section-2203-managed-aquifer-recharge-study-and-working-group--6bb9cb9101.md
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Source location: Title 33, Chapter 36, § 2203; chapter-036-water-resources-development.md

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**(a) Assessment** (1) **In general** — The Secretary shall, in consultation with applicable non-Federal interests, conduct a national assessment of carrying out managed aquifer recharge projects to address drought, water resiliency, and aquifer depletion at authorized water resources development projects. (2) **Requirements** — In carrying out paragraph (1), the Secretary shall— (A) assess and identify opportunities to support non-Federal interests, including Tribal communities, in carrying out managed aquifer recharge projects; and (B) assess preliminarily local hydrogeologic conditions relevant to carrying out managed aquifer recharge projects. (3) **Coordination** — In carrying out paragraph (1), the Secretary shall coordinate, as appropriate, with the heads of other Federal agencies, States, regional governmental agencies, units of local government, experts in managed aquifer recharge, and Tribes. **(b) Feasibility studies** (1) **Authorization** — The Secretary is authorized to carry out feasibility studies, at the request of a non-Federal interest, of managed aquifer recharge projects in areas that are experiencing, or have recently experienced, prolonged drought conditions, aquifer depletion, or water supply scarcity. (2) **Limitation** — The Secretary may carry out not more than 10 feasibility studies under this subsection. (3) **Use of information** — The Secretary shall, to the maximum extent practicable, use information gathered from the assessment conducted under subsection (a) in identifying and selecting feasibility studies to carry out under this subsection. (4) **Cost share** — The Federal share of the cost of a feasibility study carried out under this subsection shall be 90 percent. **(c) Working group** (1) **In general** — Not later than 180 days after December 23, 2022, the Secretary shall establish a managed aquifer recharge working group made up of subject matter experts within the Corps of Engineers and relevant non-Federal stakeholders. (2) **Composition** — In establishing the working group under paragraph (1), the Secretary shall ensure that members of the working group have expertise working with— (A) projects providing water supply storage to meet regional water supply demand, particularly in regions experiencing drought; (B) the protection of groundwater supply, including promoting infiltration and increased recharge in groundwater basins, and groundwater quality; (C) aquifer storage, recharge, and recovery wells; (D) dams that provide recharge enhancement benefits; (E) groundwater hydrology; (F) conjunctive use water systems; and (G) agricultural water resources, including the use of aquifers for irrigation purposes. (3) **Duties** — The working group established under this subsection shall— (A) advise the Secretary regarding the development and execution of the assessment under subsection (a) and any feasibility studies under subsection (b); (B) assist Corps of Engineers offices at the headquarter, division, and district levels with raising awareness of non-Federal interests of the potential benefits of carrying out managed aquifer recharge projects; and (C) assist with the development of the report required to be submitted under subsection (d). **(d) Report to Congress** Not later than 2 years after December 23, 2022, 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 managed aquifer recharge that includes— (1) the results of the assessment conducted under subsection (a) and any feasibility studies carried out under subsection (b), including data collected under such assessment and studies and any recommendations on managed aquifer recharge opportunities for non-Federal interests, States, local governments, and Tribes; (2) a status update on the implementation of the recommendations included in the report of the U.S. Army Corps of Engineers Institute for Water Resources entitled “Managed Aquifer Recharge and the U.S. Army Corps of Engineers: Water Security through Resilience”, published in April 2020 (2020–WP–01); and (3) an evaluation of the benefits of creating a new or modifying an existing planning center of expertise for managed aquifer recharge, and identify potential locations for such a center of expertise, if feasible. **(e) Savings provision** Nothing in this section affects the non-Federal share of the cost of construction of a managed aquifer recharge project under [section 2213 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2213&num=0&edition=prelim) or any other provision of law. **(f) Definitions** In this section: (1) **Managed aquifer recharge** — The term “managed aquifer recharge” means the intentional banking and treatment of water in aquifers for storage and future use. (2) **Managed aquifer recharge project** — The term “managed aquifer recharge project” means a project to incorporate managed aquifer recharge features into a water resources development project.

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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. § 2213 — Harbors

**(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

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

33 U.S.C. § 2203 — Review of contracting policies

Page 700 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2203 ica’s Water Infrastructure Act of 2018, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Statutory Notes and Related Subsidiaries NON-FEDERAL INTEREST ADVISORY COMMITTEE Pub. L. 117–263, div. H, title LXXXI, § 8150, Dec. 23, 2022, 136 Stat. 3731, provided that: ‘‘(a) IN GENERAL.—Not later than 90 days after the date of enactment of this Act [Dec. 23, 2022], the Sec- retary [of the Army] shall establish a committee, to be known as the ‘Non-Federal Interest Advisory Com- mittee’ and referred to in this section as the ‘Com- mittee’, to develop and make recommendations to the Secretary and the Chief of Engineers on activities and actions that should be undertaken by the Corps of En- gineers to ensure more effective and efficient delivery of water resources development projects, programs, and other assistance. ‘‘(b) MEMBERSHIP.— ‘‘(1) IN GENERAL.—The Committee shall be com- posed of the members described in paragraph (2), who shall— ‘‘(A) be appointed by the Secretary; and ‘‘(B) have the requisite experiential or technical knowledge needed to address issues related to water resources needs and challenges. ‘‘(2) REPRESENTATIVES.—The members of the Com- mittee shall include the following: ‘‘(A) 1 representative of each of the following: ‘‘(i) A non-Federal interest for a project for navigation for an inland harbor. ‘‘(ii) A non-Federal interest for a project for navigation for a harbor. ‘‘(iii) A non-Federal interest for a project for flood risk management. ‘‘(iv) A non-Federal interest for a project for coastal storm risk management. ‘‘(v) A non-Federal interest for a project for aquatic ecosystem restoration. ‘‘(B) 1 representative of each of the

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