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33 U.S.C. § 2321 — Flood plain management

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

33 U.S.C. § 2321 — Flood plain management

**(a) Exclusion of elements from benefit-cost analysis** The Secretary shall not include in the benefit base for justifying Federal flood damage reduction projects— (1) (A) any new or substantially improved structure (other than a structure necessary for conducting a water-dependent activity) built in the 100-year flood plain with a first floor elevation less than the 100-year flood elevation after July 1, 1991; or (B) in the case of a county substantially located within the 100-year flood plain, any new or substantially improved structure (other than a structure necessary for conducting a water-dependent activity) built in the 10-year flood plain after July 1, 1991; and (2) any structure which becomes located in the 100-year flood plain with a first floor elevation less than the 100-year flood elevation or in the 10-year flood plain, as the case may be, by virtue of constrictions placed in the flood plain after July 1, 1991. **(b) Flood damage reduction benefits** (1) **In general** — In calculating the benefits of a proposed project for nonstructural flood damage reduction, the Secretary shall calculate the benefits of the nonstructural project using methods similar to those used for calculating the benefits of structural projects, including similar treatment in calculating the benefits from losses avoided. (2) **Avoidance of double counting** — In carrying out paragraph (1), the Secretary should avoid double counting of benefits. **(c) Counties substantially located within 100-year flood plain** For the purposes of subsection (a), a county is substantially located within the 100-year flood plain— (1) if the county is comprised of lands of which 50 percent or more are located in the 100-year flood plain; and (2) if the Secretary determines that applicati

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Stable record: federal_law:legal_authorities:record_usc_b3bc79cfa033953957f64da5
Source file: Laws/federal/codes/united-states-code/title-33/section-2321-flood-plain-management--d12d510852.md
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Source location: Title 33, Chapter 36, § 2321; chapter-036-water-resources-development.md

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**(a) Exclusion of elements from benefit-cost analysis** The Secretary shall not include in the benefit base for justifying Federal flood damage reduction projects— (1) (A) any new or substantially improved structure (other than a structure necessary for conducting a water-dependent activity) built in the 100-year flood plain with a first floor elevation less than the 100-year flood elevation after July 1, 1991; or (B) in the case of a county substantially located within the 100-year flood plain, any new or substantially improved structure (other than a structure necessary for conducting a water-dependent activity) built in the 10-year flood plain after July 1, 1991; and (2) any structure which becomes located in the 100-year flood plain with a first floor elevation less than the 100-year flood elevation or in the 10-year flood plain, as the case may be, by virtue of constrictions placed in the flood plain after July 1, 1991. **(b) Flood damage reduction benefits** (1) **In general** — In calculating the benefits of a proposed project for nonstructural flood damage reduction, the Secretary shall calculate the benefits of the nonstructural project using methods similar to those used for calculating the benefits of structural projects, including similar treatment in calculating the benefits from losses avoided. (2) **Avoidance of double counting** — In carrying out paragraph (1), the Secretary should avoid double counting of benefits. **(c) Counties substantially located within 100-year flood plain** For the purposes of subsection (a), a county is substantially located within the 100-year flood plain— (1) if the county is comprised of lands of which 50 percent or more are located in the 100-year flood plain; and (2) if the Secretary determines that application of the requirement contained in subsection (a)(1)(A) with respect to the county would unreasonably restrain continued economic development or unreasonably limit the availability of needed flood control measures. **(d) Cost sharing** Not later than January 1, 1992, the Secretary shall transmit to Congress a report on the feasibility and advisability of increasing the non-Federal share of costs for new projects in areas where new or substantially improved structures and other constrictions are built or placed in the 100-year flood plain or the 10-year flood plain, as the case may be, after the initial date of the affected governmental unit’s entry into the regular program of the national flood insurance program of the National Flood Insurance Act of 1968 [[42 U.S.C. 4001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4001&num=0&edition=prelim) et seq.]. **(e) Regulations** Not later than 6 months after the date on which a report is transmitted to Congress under subsection (c), the Secretary, in consultation with the Director of the Federal Emergency Management Agency, shall issue regulations to implement subsection (a). Such regulations shall define key terms, such as new or substantially improved structure, constriction, 10-year flood plain, and 100-year flood plain. **(f) Applicability** The provisions of this section shall not apply to any project, or separable element thereof, for which a final report of the Chief of Engineers has been forwarded to the Secretary before the last day of the 6-month period beginning on the date on which regulations are issued pursuant to subsection (a) but not later than July 1, 1993.

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

42 U.S.C. § 4001 — Authorization of appropriations; availability

**(a)** There are hereby authorized to be appropriated such sums as may from time to time be necessary to carry out this chapter, including sums— (1) to cover administrative expenses authorized under [section 4126 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4126&num=0&edition=prelim); (2) to reimburse the National Flood Insurance Fund established under [section 4017 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4017&num=0&edition=prelim) for— (A) premium equalization payments under [section 4054 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4054&num=0&edition=prelim) which have been made from such fund; and (B) reinsurance claims paid under the excess loss reinsurance coverage provided under [section 4055 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4055&num=0&edition=prelim); and (3) to make such other payments as may be necessary to carry out the purposes of this chapter. **(b)** All such funds shall be available without fiscal year limitation. **(c)** There are authorized to be appropriated such sums as may be necessary through the date specified in [section 4026 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4026&num=0&edition=prelim), for studies under this chapter.

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

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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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

6 U.S.C. § 313 — Immigration functions

**(a) Annual report** (1) **In general** — One year after November 25, 2002, and each year thereafter, the Secretary shall submit a report to the President, to the Committees on the Judiciary and Government Reform of the House of Representatives, and to the Committees on the Judiciary and Government Affairs of the Senate, on the impact the transfers made by this part has had on immigration functions. (2) **Matter included** — The report shall address the following with respect to the period covered by the report: (A) The aggregate number of all immigration applications and petitions received, and processed, by the Department. (B) Region-by-region statistics on the aggregate number of immigration applications and petitions filed by an alien (or filed on behalf of an alien) and denied, disaggregated by category of denial and application or petition type. (C) The quantity of backlogged immigration applications and petitions that have been processed, the aggregate number awaiting processing, and a detailed plan for eliminating the backlog. (D) The average processing period for immigration applications and petitions, disaggregated by application or petition type. (E) The number and types of immigration-related grievances filed with any official of the Department of Justice, and if those grievances were resolved. (F) Plans to address grievances and improve immigration services. (G) Whether immigration-related fees were used consistent with legal requirements regarding such use. (H) Whether immigration-related questions conveyed by customers to the Department (whether conveyed in person, by telephone, or by means of the Internet) were answered effectively and efficiently. **(b) Sense of Congress regarding immigration services** It is the sense of Con

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

33 U.S.C. § 2322 — Operation and maintenance of navigation and hydroelectric facilities

**(a) In general** Activities currently performed by personnel under the direction of the Secretary in connection with the operation and maintenance of navigation or hydroelectric power generating facilities at Corps of Engineers water resources projects are to be considered as inherently governmental functions and not commercial activities. **(b) Major maintenance contracts allowed** This section does not prohibit contracting out major maintenance or other functions which are currently contracted out or studying services not directly connected with project maintenance and operations. **(c) Exclusion** This section does not— (1) apply to a navigation facility that was under contract on or before October 23, 2018, with a non-Federal interest to perform operations or maintenance; and (2) prohibit the Secretary from contracting out commercial activities after October 23, 2018, at a navigation facility.

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

33 U.S.C. § 2321 — Operation and maintenance of navigation

Page 808 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2320 ‘‘(B) not later than 2 years after the date of enact- ment of this Act, submit to Congress a report that— ‘‘(i) summarizes the results of the audit required by subparagraph (A); ‘‘(ii) includes an assessment of whether existing practices for managing and reviewing project oper- ations could result in greater efficiencies that would enable the Corps of Engineers to better pre- pare for, contain, and respond to flood, storm, and drought conditions; and ‘‘(iii) includes recommendations for improving the review of project operations to improve the effi- ciency and effectiveness of such operations and to better achieve authorized purposes while enhancing overall project benefits. ‘‘(4) INTERAGENCY AND COOPERATIVE AGREEMENTS.— The Secretary may enter into interagency agreements with other Federal agencies and cooperative agree- ments with non-Federal entities to carry out this sub- section and reviews of project operations or activities resulting from those reviews. ‘‘(5) FUNDING.— ‘‘(A) IN GENERAL.—The Secretary may use to carry out this subsection, including any reviews of project operations identified in the plan developed under paragraph (2)(B)(ii)(I)(dd), amounts made available to the Secretary. ‘‘(B) FUNDING FROM OTHER SOURCES.—The Secretary may accept and expend amounts from non-Federal entities and other Federal agencies to carry out this subsection and reviews of project operations or ac- tivities resulting from those reviews. ‘‘(6) EFFECT OF SUBSECTION.— ‘‘(A) IN GENERAL.—Nothing in this subsection changes the authorized purpose of any Corps of Engi- neers dam or reservoir. ‘‘(B) ADMINISTRATION.—The Secretary may carry out any recommendations and activities under this subsection pursu

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

42 U.S.C. § 4001 — Congressional findings and declaration of

Page 6001 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4001 Sec. 4014. Estimates of premium rates. 4015. Chargeable premium rates. 4015a. Premium surcharge. 4016. Financing. 4017. National Flood Insurance Fund. 4017a. Reserve Fund. 4018. Operating costs and allowances; definitions. 4019. Payment of claims. 4020. Dissemination of flood insurance informa- tion. 4021. Participation in State disaster claims medi- ation programs. 4022. State and local land use controls. 4023. Properties in violation of State and local law. 4024. Coordination with other programs. 4025. Flood insurance advisory committee. 4026. Expiration of program. 4027. Biennial report to President. 4027a. Report of the Administrator on activities under the National Flood Insurance Pro- gram. 4027b. Assessment of claims-paying ability. 4028. John H. Chafee Coastal Barrier Resources System. 4029. Colorado River Floodway. 4030. Repealed. 4031. Treatment of certain payments. 4032. Treatment of swimming pool enclosures out- side of hurricane season. 4033. Designation of Flood Insurance Advocate. SUBCHAPTER II—ORGANIZATION AND ADMINIS- TRATION OF FLOOD INSURANCE PROGRAM 4041. Implementation of program. PART A—INDUSTRY PROGRAM WITH FEDERAL FINANCIAL ASSISTANCE 4051. Industry flood insurance pool; requirements for participation. 4052. Agreements with flood insurance pool. 4053. Adjustment and payment of claims; judicial review; limitations; jurisdiction. 4054. Premium equalization payments; basis; ag- gregate amount; establishment of des- ignated periods. 4055. Reinsurance coverage. 4056. Emergency implementation of flood insur- ance program; applicability of other provi- sions of law. 4057. Alternative loss allocation system for inde- terminate cl

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4001

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