33 U.S.C. § 2220 — Rivers and harbors and other waterways

Page 713 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2220 Subsec. (d). Pub. L. 110–114, § 2043(a)(3), added subsec. (d). 2000—Subsec. (a)(1)(E). Pub. L. 106–541 substituted ‘‘The’’ for ‘‘Not more than 1⁄2 of the’’. 1996—Subsec. (a)(1). Pub. L. 104–303, § 203(a)(1), in- serted heading and amended text of par. (1) generally. Prior to amendment text read as follows: ‘‘The Sec- retary shall not initiate any feasibility study for a water resources project after November 17, 1986, until appropriate non-Federal interests agree, by contract, to contribute 50 percent of the cost for such study dur- ing the period of such study. Not more than one-half of such non-Federal contribution may be made by the pro- vision of services, materials, supplies, or other in-kind services necessary to prepare the feasibility report.’’ Subsec. (a)(2). Pub. L. 104–303, § 203(a)(2), inserted heading. 1990—Subsec. (b). Pub. L. 101–640 inserted at end ‘‘Costs of planning and engineering of projects for which non-Federal interests contributed 50 percent of the cost of the feasibility study shall be treated as costs of construction.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–303, title II, § 203(b), Oct. 12, 1996, 110 Stat. 3678, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply notwith- standing any feasibility cost-sharing agreement en- tered into by the Secretary and the non-Federal inter- ests. On request of the non-Federal interest, the Sec- retary shall amend any feasibility cost-sharing agree- ments in effect on the date of the enactment of this Act [Oct. 12, 1996] so as to conform the agreements with the amendments.’’ NO REQUIREMENT OF REIMBURSEMENT Pub. L. 104–303, title II, § 203(c), Oct. 12, 1996, 110 Stat. 3678, provided that: ‘‘Nothing in this section [amending this section and enacting provisions set out above] or any amendment made by this section requires the Sec- retary to reimburse the non-Federal interests for funds previously contributed for a study.’’ § 2216. Rate of interest Whenever a non-Federal interest is required or elects to repay an amount under this Act over a period of time, the amount to be repaid shall in- clude interest at a rate determined by the Sec- retary of the Treasury, taking into consider- ation the average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the reimbursement period, during the month preceding the fiscal year in which costs for the construction of the project are first incurred (or in the case of recalculation the fiscal year in which the recalculation is made), plus a pre- mium of one-eighth of one percentage point for transaction costs; except that such rates for hy- droelectric power shall be in accordance with ex- isting law. (Pub. L. 99–662, title I, § 106, Nov. 17, 1986, 100 Stat. 4089.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, known as the Water Resources De- velopment Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables. § 2217. Limitation on applicability of certain pro- visions in reports If any provision in any report designated by this Act recommends that a State contribute in cash 5 percent of the construction costs allo- cated to non-vendible project purposes and 10 percent of the construction costs allocated to vendible project purposes, such provision shall not apply to the project recommended in such report. (Pub. L. 99–662, title I, § 107, Nov. 17, 1986, 100 Stat. 4089.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, known as the Water Resources De- velopment Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables. § 2218. General applicability of cost sharing Unless otherwise specified, the cost sharing provisions of this subchapter shall apply to all projects in this Act. The Federal share of any cost of a project authorized by this Act for which cost a Federal share is not established in this subchapter, shall be the share of such cost otherwise provided by law. (Pub. L. 99–662, title I, § 108, Nov. 17, 1986, 100 Stat. 4089.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, known as the Water Resources De- velopment Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables. § 2219. Definitions For purposes of this subchapter, terms shall have the meanings given by section 2241 of this title. (Pub. L. 99–662, title I, § 109, Nov. 17, 1986, 100 Stat. 4089.) § 2220. Rivers and harbors and other waterways projects for benefit of navigation, flood con- trol, hurricane protection, beach erosion control, and other purposes (a) Congressional declaration of policy; purchase of indebtedness and loans to local interests to meet contribution requirements In the prosecution of projects for rivers and harbors and other waterways for the benefit of navigation, the control of destructive flood wa- ters, hurricane protection, beach erosion con- trol, and for other purposes, authorized to be prosecuted under the direction of the Secretary of the Army under the supervision of the Chief of Engineers in accordance with plans adopted and authorized by the Congress, it is hereby de- clared to be the policy of the Congress, that whenever such projects are located wholly or partially within an area which is eligible for fi- nancial assistance under the Public Works and Page 714 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2221 1 See References in Text note below. Economic Development Act of 1965 [42 U.S.C. 3121 et seq.], the Secretary of Commerce is au- thorized to purchase evidences of indebtedness and to make loans for a period not exceeding fifty years to enable responsible local interests to meet the requirements of local cooperation pertaining to contributions toward the cost of construction of such projects within such areas. (b) Authorization of appropriations There is hereby authorized to be appropriated to carry out this section, not to exceed $10,000,000 per fiscal year for the fiscal year end- ing June 30, 1966, and for each fiscal year there- after through and including the fiscal year end- ing June 30, 1970. (Pub. L. 89–298, title II, § 217, Oct. 27, 1965, 79 Stat. 1088.) Editorial Notes REFERENCES IN TEXT The Public Works and Economic Development Act of 1965, referred to in subsec. (a), is Pub. L. 89–136, Aug. 26, 1965, 79 Stat. 552, which is classified generally to chap- ter 38 (§ 3121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3121 of Title 42 and Tables. CODIFICATION Section was formerly classified to section 3142a of Title 42, The Public Health and Welfare. Section was not enacted as part of the Water Re- sources Development Act of 1986 which comprises this chapter. § 2221. Cost limitations on projects Beginning in fiscal year 2006 and thereafter, agreements proposed for execution by the As- sistant 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; section 561 1 of this title; the Civil Func- tions Appropriations Act, 1936, Public Law 75–208 1 ; section 1962d–5a of title 42; 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 applica- ble projects not to exceed $100,000,000 in each fis- cal year. (Pub. L. 109–103, title I, § 102, Nov. 19, 2005, 119 Stat. 2253.) Editorial Notes REFERENCES IN TEXT Section 561 of this title, referred to in text, was re- pealed by Pub. L. 115–270, title I, § 1166(c), Oct. 23, 2018, 132 Stat. 3798. The Civil Functions Appropriations Act, 1936, Public Law 75–208, referred to in text, may mean the War De- partment Civil Appropriation Act, 1938, act July 19, 1937, ch. 511, 50 Stat. 515, 518, which amended act June 22, 1936, ch. 688, § 5, by adding the proviso classified to section 701h of this title. Sections 426i–1 and 701b–13 of this title, referred to in text, were repealed by Pub. L. 113–121, title I, § 1014(c)(2), (3), June 10, 2014, 128 Stat. 1222. CODIFICATION Section was enacted as part of the Energy and Water Development Appropriations Act, 2006, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in the following prior appropriation acts: Pub. L. 108–447, div. C, title I, § 101, Dec. 8, 2004, 118 Stat. 2941; Pub. L. 109–13, div. A, title VI, § 6005, May 11, 2005, 119 Stat. 282. Pub. L. 108–137, title I, § 101, Dec. 1, 2003, 117 Stat. 1833. Pub. L. 108–7, div. D, title I, § 101, Feb. 20, 2003, 117 Stat. 138. Pub. L. 107–66, title I, § 103, Nov. 12, 2001, 115 Stat. 493. Pub. L. 106–377, § 1(a)(2) [title I, § 102], Oct. 27, 2000, 114 Stat. 1441, 1441A–65. Pub. L. 106–60, title I, § 102, Sept. 29, 1999, 113 Stat. 487. § 2222. Use of other Federal funds The non-Federal interest for a water resources development study or project, including a study or project under a continuing authority program (as defined in section 2282d(c)(1)(D) of this title) and a study or project under an environmental infrastructure assistance program, may use, and the Secretary shall accept, funds provided by a Federal agency under any other Federal pro- gram, to satisfy, in whole or in part, the non- Federal share of the cost of the study or project if— (1) the statutory authority for the funds pro- vided by the Federal agency does not expressly prohibit use of the funds for a study or project of the Corps of Engineers; and (2) the Federal agency that provides the funds determines that the study or project ac- tivities for which the funds will be used are otherwise eligible for funding under such stat- utory authority. (Pub. L. 110–114, title II, § 2007, Nov. 8, 2007, 121 Stat. 1073; Pub. L. 117–263, div. H, title LXXXI, § 8149, Dec. 23, 2022, 136 Stat. 3731.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–263 substituted ‘‘water resources de- velopment study or project, including a study or project under a continuing authority program (as de- fined in section 2282d(c)(1)(D) of this title) and a study or project under an environmental infrastructure as- sistance program,’’ for ‘‘water resources study or project’’ and substituted ‘‘if—’’ and pars. (1) and (2) for ‘‘if the Federal agency that provides the funds deter- mines that the funds are authorized to be used to carry out the study or project.’’ CODIFICATION Section was enacted as part of the Water Resources Development Act of 2007, 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 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.