33 U.S.C. § 701h — Contributions by States, political subdivi-

Page 197 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 701h enter into agreements with the Army to carry out jointly the measures heretofore set out and in areas where the Secretary is authorized to purchase land rights for structural measures, permitted the Secretary in lieu of such acquisition, to reimburse local organiza- tions for such proportionate share of the cost of land rights furnished as the Secretary deems equitable in consideration of the national interest. § 701g. Removal of obstructions; clearing chan- nels The Secretary of the Army is authorized to allot not to exceed $15,000,000 from any appro- priations heretofore or hereafter made for any one fiscal year for flood control, for removing accumulated snags and other debris, for pre- venting and mitigating flood damages associ- ated with ice jams, and clearing and straight- ening the channel in navigable streams and trib- utaries thereof, when in the opinion of the Chief of Engineers such work is advisable in the inter- est of flood control: Provided, That not more than $1,000,000 shall be expended for this purpose for any single tributary from the appropriations for any one fiscal year. (Aug. 28, 1937, ch. 877, § 2, 50 Stat. 877; Aug. 11, 1939, ch. 699, § 1, 53 Stat. 1414; Aug. 18, 1941, ch. 377, § 9, 55 Stat. 650; July 24, 1946, ch. 596, § 13, 60 Stat. 652; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Sept. 3, 1954, ch. 1264, title II, § 208, 68 Stat. 1266; Pub. L. 93–251, title I, § 26, Mar. 7, 1974, 88 Stat. 20; Pub. L. 99–662, title IX, § 915(b), Nov. 17, 1986, 100 Stat. 4191; Pub. L. 118–272, div. A, title I, § 1107(f), Jan. 4, 2025, 138 Stat. 3005.) Editorial Notes AMENDMENTS 2025—Pub. L. 118–272 substituted ‘‘$15,000,000’’ for ‘‘$7,500,000’’ and ‘‘$1,000,000’’ for ‘‘$500,000’’ and inserted ‘‘for preventing and mitigating flood damages associ- ated with ice jams,’’ after ‘‘other debris,’’. 1986—Pub. L. 99–662 substituted ‘‘$7,500,000’’ for ‘‘$5,000,000’’ and ‘‘$500,000’’ for ‘‘$250,000’’. 1974—Pub. L. 93–251 substituted ‘‘$5,000,000’’ for ‘‘$2,000,000’’ and ‘‘$250,000’’ for ‘‘$100,000’’. 1954—Act Sept. 3, 1954, substituted ‘‘$2,000,000’’ for ‘‘$1,000,000’’ and ‘‘$100,000’’ for ‘‘$50,000’’. 1946—Act July 24, 1946, substituted ‘‘$1,000,000’’ for ‘‘$500,000’’ and ‘‘$50,000’’ for ‘‘$25,000’’. 1941—Act Aug. 18, 1941, substituted ‘‘$500,000’’ for ‘‘$300,000’’. 1939—Act Aug. 11, 1939, authorized Secretary to allot instead of to approve amount for flood control and lim- ited amount allotted instead of expended for any single tributary. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–662 not applicable to any project under contract for construction on Nov. 17, 1986, see section 915(i) of Pub. L. 99–662, set out as a note under section 426g of this title. § 701h. Contributions by States, political subdivi- sions, and other non-Federal interests The Secretary of the Army is authorized to re- ceive from States and political subdivisions thereof and other non-Federal interests, such funds as may be contributed by them for work, which includes planning and design, to be ex- pended in connection with funds appropriated by the United States for any authorized water re- sources development study or project, including a project for navigation on the inland water- ways, whenever such work and expenditure may be considered by the Secretary of the Army, on recommendation of the Chief of Engineers, as advantageous in the public interest, and the plans for any reservoir project may, in the dis- cretion of the Secretary of the Army, on rec- ommendation of the Chief of Engineers, be modi- fied to provide additional storage capacity for domestic water supply or other conservation storage, on condition that the cost of such in- creased storage capacity is contributed by local agencies and that the local agencies agree to utilize such additional storage capacity in a manner consistent with Federal uses and pur- poses: Provided, That the Secretary is authorized to receive and expend funds from a State or a political subdivision thereof, and other non-Fed- eral interests or private entities, to operate a hurricane barrier project to support recreational activities at or in the vicinity of the project, at no cost to the Federal Government, if the Sec- retary determines that operation for such pur- pose is not inconsistent with the operation and maintenance of the project for the authorized purposes of the project: Provided further, That the Secretary is authorized to receive and ex- pend funds from an owner of a non-Federal res- ervoir to formulate, review, or revise oper- ational documents for any non-Federal reservoir for which the Secretary is authorized to pre- scribe regulations for the use of storage allo- cated for flood control or navigation pursuant to section 709 of this title: Provided further, That when contributions made by States and political subdivisions thereof and other non-Federal in- terests, are in excess of the actual cost of the work contemplated and properly chargeable to such contributions, such excess contributions may, with the approval of the Secretary of the Army, be returned to the proper representatives of the contributing interests: Provided further, That the term ‘‘States’’ means the several States, the District of Columbia, the common- wealths, territories, and possessions of the United States, and Federally recognized Indian tribes: Provided further, That the term ‘‘non-Fed- eral interest’’ has the meaning given that term in section 1962d–5b of title 42. (June 22, 1936, ch. 688, § 5 (part), 49 Stat. 1572; July 19, 1937, ch. 511, § 1, 50 Stat. 518; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 106–53, title II, § 203, Aug. 17, 1999, 113 Stat. 285; Pub. L. 112–74, div. B, title I, § 111(a), Dec. 23, 2011, 125 Stat. 858; Pub. L. 113–121, title I, § 1015(a), June 10, 2014, 128 Stat. 1222; Pub. L. 115–270, title I, § 1169, Oct. 23, 2018, 132 Stat. 3798.) Page 198 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 701h–1 Editorial Notes CODIFICATION When originally enacted, section 5 of act June 22, 1936, which consisted of a paragraph (including a pro- viso) authorizing works of improvement followed by numerous headings and paragraphs describing those au- thorized works, was not classified to the Code. Act July 19, 1937, amended section 5 of act June 22, 1936, by in- serting two additional provisos at the end of the first paragraph. The provisos inserted by the 1937 Act, as amended, form the sole basis for the text appearing in this section, with minor editorial changes to the intro- ductory language of the provisos. Subsequent amend- ments to section 5 of act June 22, 1936, have generally been directed to the text of section 5 as it has appeared in the Code and have not taken into account the por- tion of that section that has never been set out. Those amendments have been executed as directed, to reflect the probable intent of Congress, and amendment notes below reflect such execution without further comment. AMENDMENTS 2018—Pub. L. 115–270 inserted ‘‘Provided further, That the Secretary is authorized to receive and expend funds from an owner of a non-Federal reservoir to formulate, review, or revise operational documents for any non- Federal reservoir for which the Secretary is authorized to prescribe regulations for the use of storage allocated for flood control or navigation pursuant to section 709 of this title:’’ after ‘‘authorized purposes of the project:’’. 2014—Pub. L. 113–121, § 1015(a)(4), substituted ‘‘: Provided further, That the term ‘non-Federal inter- est’ has the meaning given that term in section 1962d–5b of title 42.’’ for period at end. Pub. L. 113–121, § 1015(a)(3), substituted ‘‘Provided, That the Secretary is authorized to receive and expend funds from a State or a political subdivision thereof, and other non-Federal interests or private entities, to operate a hurricane barrier project to support rec- reational activities at or in the vicinity of the project, at no cost to the Federal Government, if the Secretary determines that operation for such purpose is not in- consistent with the operation and maintenance of the project for the authorized purposes of the project: Pro- vided further, That when’’ for ‘‘Provided, That when’’. Pub. L. 113–121, § 1015(a)(1), (2), inserted ‘‘and other non-Federal interests’’ after ‘‘States and political sub- divisions thereof’’ in two places and inserted ‘‘, including a project for navigation on the inland wa- terways,’’ after ‘‘study or project’’. 2011—Pub. L. 112–74 substituted ‘‘water resources de- velopment study or project’’ for ‘‘flood control or envi- ronmental restoration work’’ and inserted ‘‘for work, which includes planning and design,’’ before ‘‘to be ex- pended’’ and ‘‘: Provided further, That the term ‘States’ means the several States, the District of Columbia, the commonwealths, territories, and possessions of the United States, and Federally recognized Indian tribes’’ before period at end. 1999—Pub. L. 106–53 inserted ‘‘or environmental res- toration’’ after ‘‘flood control’’. 1937—Act July 19, 1937, inserted text of section. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. NOTIFICATION FOR CONTRIBUTED FUNDS Pub. L. 113–121, title I, § 1015(b), June 10, 2014, 128 Stat. 1223, provided that: ‘‘Prior to accepting funds contrib- uted under section 5 of the Act of June 22, 1936 (33 U.S.C. 701h), the Secretary [of the Army] shall provide written notice of the funds to the Committee on Envi- ronment and Public Works and the Committee on Ap- propriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives.’’ § 701h–1. Contributions by States and political subdivisions for immediate use on author- ized flood-control work; repayment Whenever any State or political subdivision thereof shall offer to advance funds for a feder- ally authorized water resources development project, the Secretary of the Army may in his discretion, receive such funds and expend the same in the immediate prosecution of such project. The Secretary of the Army is author- ized and directed to repay without interest, if appropriations are provided by Congress for such purpose, the moneys so contributed and ex- pended: Provided, however, That no repayment of funds which may be contributed for the purpose of meeting any conditions of local cooperation imposed by Congress, or under the authority of section 701h of this title, shall be made. For pur- poses of this section, the term ‘‘State’’ means the several States, the District of Columbia, the commonwealths, territories, and possessions of the United States, and Indian tribes (as defined in section 5304(e) of title 25). (Oct. 15, 1940, ch. 884, 54 Stat. 1176; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 115–270, title I, § 1166(a), Oct. 23, 2018, 132 Stat. 3797.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–270 substituted ‘‘a federally author- ized water resources development project,’’ for ‘‘a flood-control project duly adopted and authorized by law’’, ‘‘such project’’ for ‘‘such work’’, and ‘‘if appro- priations are provided by Congress for such purpose’’ for ‘‘from appropriations which may be provided by Congress for flood-control work’’ and inserted at end ‘‘For purposes of this Act, the term ‘State’ means the several States, the District of Columbia, the common- wealths, territories, and possessions of the United States, and Indian tribes (as defined in section 5304(e) of title 25).’’ Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. § 701h–2. No adverse effect on processes In implementing any provision of law that au- thorizes a non-Federal interest to provide, ad- vance, or contribute funds to the Secretary for the development or implementation of a water resources development project (including sec- tions 2231 and 2232 of this title, section 701h of this title, and section 701h–1 of this title), the