33 U.S.C. § 2226 — Water resources projects on Federal land

Page 716 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2224 1 See References in Text note below. the Water Resources Development Act of 1986 which comprises this chapter. AMENDMENTS 2025—Subsecs. (d), (e)(1)(B). Pub. L. 118–272 sub- stituted ‘‘2030’’ for ‘‘2028’’. 2022—Subsec. (a)(3). Pub. L. 117–263, § 8383(1), added par. (3). Subsec. (b)(3). Pub. L. 117–263, § 8383(2), added par. (3). Subsec. (d). Pub. L. 117–263, § 8383(3), substituted ‘‘on December 31, 2028’’ for ‘‘10 years after June 10, 2014’’. Subsec. (e)(1)(B). Pub. L. 117–263, § 8383(4), substituted ‘‘December 31, 2028’’ for ‘‘10 years after June 10, 2014’’. 2016—Subsec. (a). Pub. L. 114–322 substituted ‘‘Appli- cation of credit’’ for ‘‘In general’’ in subsec. heading, designated existing provisions as par. (1) and inserted par. (1) heading, and added par. (2). Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 113–121, set out as a note under section 2201 of this title. § 2224. Crediting authority for federally author- ized navigation projects A non-Federal interest may carry out oper- ation and maintenance activities for an author- ized navigation project, subject to the condition that the non-Federal interest complies with all Federal laws and regulations applicable to such operation and maintenance activities, and may receive credit for the costs incurred by the non- Federal interest in carrying out such activities towards the share of construction costs of that non-Federal interest for another element of the same project or another authorized navigation project, except that in no instance may such credit exceed 20 percent of the total costs associ- ated with construction of the general navigation features of the project for which such credit may be applied pursuant to this section. (Pub. L. 113–121, title I, § 1021, June 10, 2014, 128 Stat. 1228.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. § 2225. Credit or reimbursement (a) Requests for credits With respect to an authorized flood damage re- duction project, or separable element thereof, that has been constructed by a non-Federal in- terest under section 701b–13 1 of this title, or an authorized coastal navigation project that has been constructed by the Corps of Engineers pur- suant to section 561 of this title before October 23, 2018, the Secretary may provide to the non- Federal interest, at the request of the non-Fed- eral interest, a credit in an amount equal to the estimated Federal share of the cost of the project or separable element, in lieu of providing to the non-Federal interest a reimbursement in that amount or reimbursement of funds of an equivalent amount, subject to the availability of appropriations. (b) Application of credits At the request of the non-Federal interest, the Secretary may apply all or a portion of such credit to the share of the cost of the non-Federal interest of carrying out other flood damage re- duction and coastal navigation projects or stud- ies. (c) Application of reimbursement At the request of the non-Federal interest, the Secretary may apply such funds, subject to the availability of appropriations, equal to the share of the cost of the non-Federal interest of car- rying out other flood damage reduction and coastal navigation projects or studies. (Pub. L. 113–121, title I, § 1022, June 10, 2014, 128 Stat. 1228; Pub. L. 114–322, title I, § 1171, Dec. 16, 2016, 130 Stat. 1671; Pub. L. 115–270, title I, § 1136(a), Oct. 23, 2018, 132 Stat. 3783.) Editorial Notes REFERENCES IN TEXT Section 701b–13 of this title, referred to in subsec. (a), was repealed by Pub. L. 113–121, title I, §1014(c)(3), June 10, 2014, 128 Stat. 1222. AMENDMENTS 2018—Pub. L. 115–270 amended section generally. Prior to amendment, section related to credit in lieu of reim- bursement. 2016—Subsec. (a). Pub. L. 114–322, § 1171(1), substituted ‘‘for which a written agreement with the Corps of Engi- neers for construction was finalized on or before De- cember 31, 2014, under section 701b–13 of this title (as it existed before the repeal made by section 1014(c)(3))’’ for ‘‘that has been constructed by a non-Federal inter- est under section 701b–13 of this title before June 10, 2014’’. Subsec. (b). Pub. L. 114–322, § 1171(2), substituted ‘‘non-Federal share of the cost of carrying out other water resources development projects or studies of the non-Federal interest’’ for ‘‘share of the cost of the non- Federal interest of carrying out other flood damage re- duction projects or studies’’. CODIFICATION Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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. 113–121, set out as a note under section 2201 of this title. § 2226. Water resources projects on Federal land (a) In general Subject to subsection (b), the Secretary may carry out an authorized water resources devel- opment project on Federal land that is under the administrative jurisdiction of another Fed- eral 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 pursu- ant to subsection (a) only after the non-Federal Page 717 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2231 interest has entered into a memorandum of un- derstanding with the Federal agency that in- cludes such terms and conditions as the Sec- retary determines to be necessary. (c) Applicability Nothing in this section alters any non-Federal cost-sharing requirements for the project. (Pub. L. 113–121, title I, § 1025, June 10, 2014, 128 Stat. 1229.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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. 113–121, set out as a note under section 2201 of this title. § 2227. Clarification of impacts to other Federal facilities In any case where the modification or con- struction of a water resources development project carried out by the Secretary adversely impacts other Federal facilities, the Secretary may accept from other Federal agencies such funds as may be necessary to address the ad- verse impact, including by removing, relocating, or reconstructing those facilities. (Pub. L. 113–121, title I, § 1026, June 10, 2014, 128 Stat. 1229.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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. 113–121, set out as a note under section 2201 of this title. SUBCHAPTER II—HARBOR DEVELOPMENT § 2231. Study of water resources development projects by non-Federal interests (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 Sec- retary that the modifications are consistent with the authorized purposes of the project, a feasibility study on modifications to a water resources development project con- structed by the Corps of Engineers or con- structed by a non-Federal interest pursuant to section 2232 of this title. (2) Guidelines To assist non-Federal interests, the Sec- retary shall issue guidelines for the formula- tion of feasibility studies of water resources development projects undertaken by non-Fed- eral interests that— (A) provide clear, concise, and transparent guidance for the non-Federal interest to use in developing a feasibility study that com- plies with requirements that would apply to a feasibility study undertaken by the Sec- retary; (B) provide sufficient information for the formulation of the studies, including proc- esses and procedures related to reviews and assistance under subsection (e); (C) provide guidance to a non-Federal in- terest on obtaining support from the Sec- retary 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 inter- est 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 under- take a feasibility study on a modification to a constructed water resources development project under paragraph (1)(B), the Secretary shall expeditiously provide to the non-Federal interest the determination required under such paragraph with respect to whether con- ceptual modifications, as presented by the non-Federal interest, are consistent with the authorized purposes of the project. (b) Review by Secretary (1) In general The Secretary shall review each feasibility study received under subsection (a)(1) for the purpose of determining whether or not the study, and the process under which the study was developed, each comply with Federal laws and regulations applicable to feasibility stud- ies of water resources development projects. (2) Timing The Secretary may not submit to Congress an assessment of a feasibility study under this section until such time as the Secretary— (A) determines that the feasibility study complies with all of the requirements that would apply to a feasibility study under- taken by the Secretary; and (B) completes all of the Federal analyses, reviews, and compliance processes under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), that would be re- quired with respect to the proposed project if the Secretary had undertaken the feasi- bility study. (3) Initiation of review (A) Request (i) Submission The non-Federal interest may submit to the Secretary a request that the Secretary