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33 U.S.C. § 701h — Contributions by States, political subdivisions, and other non-Federal interests
Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Army is authorized to receive from States and political subdivisions thereof and other non-Federal interests, such funds as may be contributed by them for work, which includes planning and design, to be expended in connection with funds appropriated by the United States for any authorized water resources development study or project, including a project for navigation on the inland waterways, whenever such work and expenditure may be considered by the Secretary of the Army, on recommendation of the Chief of Engineers, as advantageous in the public interest, and the plans for any reservoir project may, in the discretion of the Secretary of the Army, on recommendation of the Chief of Engineers, be modified to provide additional storage capacity for domestic water supply or other conservation storage, on condition that the cost of such increased storage capacity is contributed by local agencies and that the local agencies agree to utilize such additional storage capacity in a manner consistent with Federal uses and purposes: Provided, That the Secretary is authorized to receive and expend funds from a State or a political subdivision thereof, and other non-Federal interests or private entities, to operate a hurricane barrier project to support recreational activities at or in the vicinity of the project, at no cost to the Federal Government, if the Secretary determines that operation for such purpose is not inconsistent with the operation and maintenance of the project for the authorized purposes of the project: Provided further, That the Secretary is authorized to receive and expend funds from an owner of a non-Federal reservoir to formulate, review, or revise operational documents for any non-Federal reservoir for which the Secretary is authorized to
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Stable record: federal_law:legal_authorities:record_usc_9375788ee3152b48c3af0e31
Source file: Laws/federal/codes/united-states-code/title-33/section-701h-contributions-by-states-political-subdivisions-and-other-non-federal-int--6d7afba476.md
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Source location: Title 33, Chapter 15, § 701h; chapter-015-flood-control.md
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The Secretary of the Army is authorized to receive from States and political subdivisions thereof and other non-Federal interests, such funds as may be contributed by them for work, which includes planning and design, to be expended in connection with funds appropriated by the United States for any authorized water resources development study or project, including a project for navigation on the inland waterways, whenever such work and expenditure may be considered by the Secretary of the Army, on recommendation of the Chief of Engineers, as advantageous in the public interest, and the plans for any reservoir project may, in the discretion of the Secretary of the Army, on recommendation of the Chief of Engineers, be modified to provide additional storage capacity for domestic water supply or other conservation storage, on condition that the cost of such increased storage capacity is contributed by local agencies and that the local agencies agree to utilize such additional storage capacity in a manner consistent with Federal uses and purposes: Provided, That the Secretary is authorized to receive and expend funds from a State or a political subdivision thereof, and other non-Federal interests or private entities, to operate a hurricane barrier project to support recreational activities at or in the vicinity of the project, at no cost to the Federal Government, if the Secretary determines that operation for such purpose is not inconsistent with the operation and maintenance of the project for the authorized purposes of the project: Provided further, That the Secretary is authorized to receive and expend funds from an owner of a non-Federal reservoir to formulate, review, or revise operational documents for any non-Federal reservoir for which the Secretary is authorized to prescribe regulations for the use of storage allocated for flood control or navigation pursuant to [section 709 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section709&num=0&edition=prelim): Provided further, That when contributions made by States and political subdivisions thereof and other non-Federal interests, are in excess of the actual cost of the work contemplated and properly chargeable to such contributions, such excess contributions may, with the approval of the Secretary of the Army, be returned to the proper representatives of the contributing interests: Provided further, That the term “States” means the several States, the District of Columbia, the commonwealths, territories, and possessions of the United States, and Federally recognized Indian tribes: Provided further, That the term “non-Federal interest” has the meaning given that term in [section 1962d–5b of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962d–5b&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
On and after December 22, 1944, it shall be the duty of the Secretary of the Army to prescribe regulations for the use of storage allocated for flood control or navigation at all reservoirs constructed wholly or in part with Federal funds provided on the basis of such purposes, and the operation of any such project shall be in accordance with such regulations: Provided, That this section shall not apply to the Tennessee Valley Authority, except that in case of danger from floods on the Lower Ohio and Mississippi Rivers the Tennessee Valley Authority is directed to regulate the release of water from the Tennessee River into the Ohio River in accordance with such instructions as may be issued by the Department of the Army.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 709
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1962d–5b
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Federal law — U.S. Code and appendices · legal_authorities
Beginning in fiscal year 2006 and thereafter, agreements proposed for execution by the Assistant Secretary of the Army for Civil Works or the United States Army Corps of Engineers after November 19, 2005, pursuant to [section 560 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section560&num=0&edition=prelim); section 561 11 See References in Text note below. of this title; the Civil Functions Appropriations Act, 1936, Public Law 75–208 1 ; [section 1962d–5a of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962d–5a&num=0&edition=prelim); sections 2214, 2231, and 2232 of this title; section 426i–1 1 of this title; section 701b–13 1 of this title; and any other specific project authority, shall be limited to total credits and reimbursements for all applicable projects not to exceed $100,000,000 in each fiscal year.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2224
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In order to insure against cost overruns, each total cost set forth with respect to a project for water resources development and conservation and related purposes authorized to be carried out by the Secretary in this Act or in a law enacted after the date of the enactment of this Act, including the Water Resources Development Act of 1988, or in an amendment made by this Act or any later law with respect to such a project shall be the maximum cost of that project, except that such maximum amount—
(1) may be increased by the Secretary for modifications which do not materially alter the scope or functions of the project as authorized, but not by more than 20 percent of the total cost stated for the project in this Act, in any later law, or in an amendment made by this Act or any later law; and
(2) shall be automatically increased for—
(A) changes in construction costs applied to unconstructed features (including real property acquisitions, preconstruction studies, planning, engineering, and design) from the date of enactment of this Act or any later law (unless otherwise specified) as indicated by engineering and other appropriate cost indexes; and
(B) additional studies, modifications, and actions (including mitigation and other environmental actions) authorized by this Act or any later law or required by changes in Federal law.
**(b) Contributions by non-Federal interests** Notwithstanding subsection (a), in accordance with [section 701h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701h&num=0&edition=prelim), the Secretary may accept funds from a non-Federal interest for any authorized water resources development project that has exceeded its maximum cost under subsection (a), and use such funds t
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2281b
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Federal law — U.S. Code and appendices · legal_authorities
Whenever any State or political subdivision thereof shall offer to advance funds for a federally authorized water resources development project, the Secretary of the Army may in his discretion, receive such funds and expend the same in the immediate prosecution of such project. The Secretary of the Army is authorized and directed to repay without interest, if appropriations are provided by Congress for such purpose, the moneys so contributed and expended: Provided, however, That no repayment of funds which may be contributed for the purpose of meeting any conditions of local cooperation imposed by Congress, or under the authority of [section 701h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701h&num=0&edition=prelim), shall be made. For purposes of this section, the term “State” means the several States, the District of Columbia, the commonwealths, territories, and possessions of the United States, and Indian tribes (as defined in [section 5304(e) of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304/e&num=0&edition=prelim)).
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701h–1
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Federal law — U.S. Code and appendices · legal_authorities
In implementing any provision of law that authorizes a non-Federal interest to provide, advance, or contribute funds to the Secretary for the development or implementation of a water resources development project (including sections 2231 and 2232 of this title, [section 701h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701h&num=0&edition=prelim), and [section 701h–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701h-1&num=0&edition=prelim)), the Secretary shall ensure, to the maximum extent practicable, that the use by a non-Federal interest of such authorities does not adversely affect—
(1) the process or timeline for development and implementation of other water resources development projects by other non-Federal entities that do not use such authorities; or
(2) the process for including such projects in the President’s annual budget submission to Congress under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701h–2
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Federal law — U.S. Code and appendices · legal_authorities
In carrying out eligible operations and maintenance activities within the Great Lakes Navigation System pursuant to [section 2238 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2238&num=0&edition=prelim) in a State that has implemented any additional State limitation on the disposal of dredged material in the open waters of such State, the Secretary may, pursuant to [section 701h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701h&num=0&edition=prelim), receive from such State, and expend, such funds as may be contributed by the State to cover the additional costs for operations and maintenance activities for a harbor or inland harbor within such State that result from such limitation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701h–3
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary is authorized, in accordance with [section 701h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701h&num=0&edition=prelim), to accept and expend funds contributed by a State or other non-Federal interest—
(1) to dredge a non-Federal harbor or channel, or a marina or berthing area located adjacent to, or accessible by, such harbor or channel; or
(2) to provide technical assistance related to the planning and design of dredging activities described in paragraph (1).
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701h–4
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Federal law — U.S. Code and appendices · legal_authorities
Page 197
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 701h
enter into agreements with the Army to carry out
jointly the measures heretofore set out and in areas
where the Secretary is authorized to purchase land
rights for structural measures, permitted the Secretary
in lieu of such acquisition, to reimburse local organiza-
tions for such proportionate share of the cost of land
rights furnished as the Secretary deems equitable in
consideration of the national interest.
§ 701g. Removal of obstructions; clearing chan-
nels
The Secretary of the Army is authorized to
allot not to exceed $15,000,000 from any appro-
priations heretofore or hereafter made for any
one fiscal year for flood control, for removing
accumulated snags and other debris, for pre-
venting and mitigating flood damages associ-
ated with ice jams, and clearing and straight-
ening the channel in navigable streams and trib-
utaries thereof, when in the opinion of the Chief
of Engineers such work is advisable in the inter-
est of flood control: Provided, That not more
than $1,000,000 shall be expended for this purpose
for any single tributary from the appropriations
for any one fiscal year.
(Aug. 28, 1937, ch. 877, § 2, 50 Stat. 877; Aug. 11,
1939, ch. 699, § 1, 53 Stat. 1414; Aug. 18, 1941, ch.
377, § 9, 55 Stat. 650; July 24, 1946, ch. 596, § 13, 60
Stat. 652; July 26, 1947, ch. 343, title II, § 205(a), 61
Stat. 501; Sept. 3, 1954, ch. 1264, title II, § 208, 68
Stat. 1266; Pub. L. 93–251, title I, § 26, Mar. 7, 1974,
88 Stat. 20; Pub. L. 99–662, title IX, § 915(b), Nov.
17, 1986, 100 Stat. 4191; Pub. L. 118–272, div. A,
title I, § 1107(f), Jan. 4, 2025, 138 Stat. 3005.)
Editorial Notes
AMENDMENTS
2025—Pub. L. 118–272 substituted ‘‘$15,000,000’’ for
‘‘$7,500,000’’ and ‘‘$1,000,000’’
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 701h
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.