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33 U.S.C. § 2232 — Water resources projects on Federal land
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to subsection (b), the Secretary may carry out an authorized water resources development project on Federal land that is under the administrative jurisdiction of another Federal agency where the cost of the acquisition of such Federal land has been paid for by the non-Federal interest for the project.
**(b) MOU required** The Secretary may carry out a project pursuant to subsection (a) only after the non-Federal interest has entered into a memorandum of understanding with the Federal agency that includes such terms and conditions as the Secretary determines to be necessary.
**(c) Applicability** Nothing in this section alters any non-Federal cost-sharing requirements for the project.
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Stable record: federal_law:legal_authorities:record_usc_f5031aeeb06acde94596b12c
Source file: Laws/federal/codes/united-states-code/title-33/section-2232-water-resources-projects-on-federal-land--2dbe3acc92.md
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Source location: Title 33, Chapter 36, § 2232; chapter-036-water-resources-development.md
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**(a) In general** Subject to subsection (b), the Secretary may carry out an authorized water resources development project on Federal land that is under the administrative jurisdiction of another Federal agency where the cost of the acquisition of such Federal land has been paid for by the non-Federal interest for the project.
**(b) MOU required** The Secretary may carry out a project pursuant to subsection (a) only after the non-Federal interest has entered into a memorandum of understanding with the Federal agency that includes such terms and conditions as the Secretary determines to be necessary.
**(c) Applicability** Nothing in this section alters any non-Federal cost-sharing requirements for the project.
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2201
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2213
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Submission to Secretary**
(1) **In general** — A non-Federal interest may undertake and submit to the Secretary—
(A) a federally authorized feasibility study of a proposed water resources development project; or
(B) upon the determination of the Secretary that the modifications are consistent with the authorized purposes of the project, a feasibility study on modifications to a water resources development project constructed by the Corps of Engineers or constructed by a non-Federal interest pursuant to [section 2232 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2232&num=0&edition=prelim).
(2) **Guidelines** — To assist non-Federal interests, the Secretary shall issue guidelines for the formulation of feasibility studies of water resources development projects undertaken by non-Federal interests that—
(A) provide clear, concise, and transparent guidance for the non-Federal interest to use in developing a feasibility study that complies with requirements that would apply to a feasibility study undertaken by the Secretary;
(B) provide sufficient information for the formulation of the studies, including processes and procedures related to reviews and assistance under subsection (e);
(C) provide guidance to a non-Federal interest on obtaining support from the Secretary to complete elements of a feasibility study that may be considered inherently governmental and required to be done by a Federal agency; and
(D) provide contacts for employees of the Corps of Engineers that a non-Federal interest may use to initiate coordination with the Secretary and identify at what stages coordination may be beneficial.
(3) **Determination** — If a non-Federal interest requests to undertake a feasibility study on a modif
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2234
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Notice of intent** The Secretary, on request from an appropriate non-Federal interest in the form of a written notice of intent to construct a navigation project for a harbor or inland harbor under [section 2232 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2232&num=0&edition=prelim) or this section, shall initiate procedures to establish a schedule for consolidating Federal, State, and local agency environmental assessments, project reviews, and issuance of all permits for the construction of the project, including associated access channels, berthing areas, and onshore port-related facilities, before the initiation of construction. The non-Federal interest shall submit, with the notice of intent, studies and documentation, including environmental reviews, that may be required by Federal law for decisionmaking on the proposed project. A State shall not be required to participate in carrying out this section.
**(b) Procedural requirements** Within 15 days after receipt of notice under subsection (a), the Secretary shall publish such notice in the Federal Register. The Secretary also shall provide written notification of the receipt of a notice under subsection (a) to all State and local agencies that may be required to issue permits for the construction of the project or related activities. The Secretary shall solicit the cooperation of those agencies and request their entry into a memorandum of agreement described in subsection (c). Within 30 days after publication of the notice in the Federal Register, State and local agencies that intend to enter into the memorandum of agreement shall notify the Secretary of their intent in writing.
**(c) Scheduling agreement** Within 90 days after receipt of notice under subsectio
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2236
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Federal law — U.S. Code and appendices · legal_authorities
Page 720
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2232
1 See References in Text note below.
that has entered in a written agreement with the Sec-
retary [of the Army] related to carrying out a feasi-
bility study pursuant to section 203 of the Water Re-
sources Development Act of 1986 (33 U.S.C. 2231) before
the date of enactment of this Act [Jan. 4, 2025] may
submit to the Secretary a request to amend such agree-
ment to reflect the amendments made by this section
[amending this section].’’
DEADLINE
Pub. L. 116–260, div. AA, title I, § 161(b), Dec. 27, 2020,
134 Stat. 2667, provided that: ‘‘Not later than 90 days
after the date of enactment of this Act [Dec. 27, 2020],
the Secretary [of the Army] shall issue revised guide-
lines under section 203 of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 2231) to implement the
amendments made by this section [amending this sec-
tion].’’
HOLD HARMLESS
Pub. L. 116–260, div. AA, title I, § 161(c), Dec. 27, 2020,
134 Stat. 2667, provided that:
‘‘(1) ONE-YEAR
WINDOW.—The amendments made by
this section [amending this section] shall not apply to
any feasibility study submitted to the Secretary [of the
Army] under section 203 of the Water Resources Devel-
opment Act of 1986 (33 U.S.C. 2231) during the one-year
period prior to the date of enactment of this section
[Dec. 27, 2020].
‘‘(2) 2020 PROJECTS.—The amendments made by this
section shall not apply to any project authorized by
section 403 of this Act [section 403 of div. AA of Pub. L.
116–260, 134 Stat. 2743, which is not classified to the
Code].’’
§ 2232. Construction of water resources develop-
ment projects by non-Federal interests
(a) Water resources development project defined
In this section, the term ‘‘water resources de-
velopment
projec
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2232
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