33 U.S.C. § 2289a — Consideration of measures

Page 784 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2288 sources development projects and shall not be construed as a limitation on any other such au- thorization. (Pub. L. 99–662, title IX, § 910, Nov. 17, 1986, 100 Stat. 4189.) Editorial Notes CODIFICATION Subsec. (b) of this section, which required the Sec- retary to prepare and transmit an annual report to cer- tain committees of Congress on activities undertaken under this section, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 72 of House Document No. 103–7. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Public Works and Transportation of House of Representatives treated as referring to Com- mittee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Con- gress. § 2288. Repealed. Pub. L. 113–121, title I, § 1004, June 10, 2014, 128 Stat. 1199 Section, Pub. L. 99–662, title IX, § 911, Nov. 17, 1986, 100 Stat. 4189, related to review of cost effectiveness of de- sign. § 2289. Urban and rural flood control frequency In the preparation of feasibility reports for projects for flood damage prevention in urban and rural areas, the Secretary may consider and evaluate measures to reduce or eliminate dam- ages from flooding without regard to frequency of flooding, drainage area, and amount of runoff. This section shall apply with respect to any project, or separable element thereof, the Fed- eral share of the cost of which is less than $3,000,000. (Pub. L. 99–662, title IX, § 914, Nov. 17, 1986, 100 Stat. 4190.) § 2289a. Consideration of measures (a) Definitions In this section, the following definitions apply: (1) Natural feature The term ‘‘natural feature’’ means a feature that is created through the action of physical, geological, biological, and chemical processes over time. (2) Nature-based feature The term ‘‘nature-based feature’’ means a feature that is created by human design, engi- neering, and construction to provide risk re- duction by acting in concert with natural processes. (b) Requirement In studying the feasibility of projects for flood risk management, hurricane and storm damage reduction, and ecosystem restoration the Sec- retary shall, with the consent of the non-Fed- eral sponsor of the feasibility study, consider, as appropriate— (1) natural features; (2) nature-based features; (3) nonstructural measures; and (4) structural measures. (c) Report to Congress (1) In general Not later than February 1, 2020, and 5 and 10 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the im- plementation of subsection (b). (2) Contents The report under paragraph (1) shall include, at a minimum, the following: (A) A description of guidance or instruc- tions issued, and other measures taken, by the Secretary and the Chief of Engineers to implement subsection (b). (B) An assessment of the costs, benefits, impacts, and trade-offs associated with measures recommended by the Secretary for coastal risk reduction and the effectiveness of those measures. (C) A description of any statutory, fiscal, or regulatory barriers to the appropriate consideration and use of a full array of measures for coastal risk reduction. (Pub. L. 114–322, title I, § 1184, Dec. 16, 2016, 130 Stat. 1679; Pub. L. 115–270, title I, § 1149(b), Oct. 23, 2018, 132 Stat. 3787.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water Infrastructure Improvements for the Nation Act, also known as the WIIN Act, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. AMENDMENTS 2018—Subsec. (a)(2). Pub. L. 115–270 struck out ‘‘in coastal areas’’ after ‘‘risk reduction’’. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 1002 of Pub. L. 114–322, set out as a note under sec- tion 2201 of this title. § 2289b. Stormwater management projects (a) In general The Secretary shall establish a program to carry out studies and projects to control, retain, and reuse stormwater associated with flood con- trol efforts, in partnership with non-Federal in- terests. (b) Requirements (1) Prioritization In carrying out this section, the Secretary shall prioritize studies and projects that im- prove urban flood control efforts, including through the management of stormwater that flows at a rate of less than 800 cubic feet per second for the 10-percent flood.