33 U.S.C. § 701s — Small flood control projects; appropria-

Page 210 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 701s sions of this subsection, and pays, prior to com- mencement of such construction, the additional costs involved due to such higher standard, such agency head is authorized to construct such road to such higher standard. Federal costs under the provisions of this subsection shall be part of the nonreimbursable project costs. (Pub. L. 86–645, title II, § 207, July 14, 1960, 74 Stat. 500; Pub. L. 87–874, title II, § 208, Oct. 23, 1962, 76 Stat. 1196; Pub. L. 93–251, title I, § 13, Mar. 7, 1974, 88 Stat. 17.) Editorial Notes AMENDMENTS 1974—Subsec. (c). Pub. L. 93–251 lower cased ‘‘agency’’ in two places, and substituted ‘‘to the design standards which the State or owning political division would use in constructing a new road under similar conditions of geography and under similar traffic loads (present and projected).’’ for ‘‘to design standards comparable to those of the State, or, where applicable State standards do not exist, those of the owning political division in which the road is located, for roads of the same classi- fication as the road being replaced. The traffic existing at the time of the taking shall be used in the deter- mination of the classification.’’ 1962—Subsec. (a). Pub. L. 87–874 added subsec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 87–874 redesignated former subsec. (a) as (b), and among other changes, inserted ‘‘irriga- tion,’’ before ‘‘or multiple-purpose project’’ and sub- stituted references to head of the Agency concerned, for references to Chief of Engineers. Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 87–874 redesignated former subsec. (b) as (c), substituted construction authority to head of the agency concerned for authority to Chief of Engi- neers, provided that where State standards do not exist, those of the owning political division in which the road is located shall be used, that where a State or political subdivision requests a substitute road to be constructed to a higher standard than provided in this subsection, and pays the additional costs, the Agency head is authorized to so construct the road, and that the Federal costs under this subsection shall be part of the nonreimbursable costs. § 701s. Small flood control projects; appropria- tions; amount limitation for single locality; conditions The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter made for flood control, not to exceed $90,000,000 for any one fiscal year, for the imple- mentation of small structural and nonstructural projects, and projects that use natural features or nature-based features (as those terms are de- fined in section 2289a(a) of this title), for flood control and related purposes not specifically au- thorized by Congress, which come within the provisions of section 701a of this title, when in the opinion of the Chief of Engineers such work is advisable. The amount allotted for a project shall be sufficient to complete Federal partici- pation in the project. Not more than $15,000,000 shall be allotted under this section for a project at any single locality. The provisions of local cooperation specified in section 701c of this title shall apply. The work shall be complete in itself and not commit the United States to any addi- tional improvement to insure its successful op- eration, except as may result from the normal procedure applying to projects authorized after submission of preliminary examination and sur- vey reports. (June 30, 1948, ch. 771, title II, § 205, 62 Stat. 1182; May 17, 1950, ch. 188, title II, § 212, 64 Stat. 183; July 11, 1956, ch. 558, 70 Stat. 522; Pub. L. 87–874, title II, § 205, Oct. 23, 1962, 76 Stat. 1194; Pub. L. 93–251, title I, § 61, Mar. 7, 1974, 88 Stat. 29; Pub. L. 94–587, § 133(b), Oct. 22, 1976, 90 Stat. 2928; Pub. L. 97–140, § 2(a), Dec. 29, 1981, 95 Stat. 1717; Pub. L. 99–662, title IX, § 915(a), Nov. 17, 1986, 100 Stat. 4191; Pub. L. 106–53, title II, § 201, Aug. 17, 1999, 113 Stat. 285; Pub. L. 106–541, title II, § 218, Dec. 11, 2000, 114 Stat. 2596; Pub. L. 110–114, title II, § 2021, Nov. 8, 2007, 121 Stat. 1078; Pub. L. 113–121, title I, § 1030(e), June 10, 2014, 128 Stat. 1232; Pub. L. 115–270, title I, § 1157(e), Oct. 23, 2018, 132 Stat. 3794; Pub. L. 116–260, div. AA, title I, § 114, Dec. 27, 2020, 134 Stat. 2627; Pub. L. 118–272, div. A, title I, § 1107(j), Jan. 4, 2025, 138 Stat. 3005.) Editorial Notes AMENDMENTS 2025—Pub. L. 118–272 substituted ‘‘$90,000,000’’ for ‘‘$68,750,000’’ and ‘‘$15,000,000’’ for ‘‘$10,000,000’’. 2020—Pub. L. 116–260 inserted ‘‘, and projects that use natural features or nature-based features (as those terms are defined in section 2289a(a) of this title),’’ after ‘‘nonstructural projects’’. 2018—Pub. L. 115–270 substituted ‘‘$68,750,000’’ for ‘‘$55,000,000’’ in first sentence. 2014—Pub. L. 113–121 substituted ‘‘$10,000,000’’ for ‘‘$7,000,000’’ in third sentence. 2007—Pub. L. 110–114 substituted ‘‘$55,000,000’’ for ‘‘$50,000,000’’ in first sentence. 2000—Pub. L. 106–541 substituted ‘‘$50,000,000’’ for ‘‘$40,000,000’’ in first sentence. 1999—Pub. L. 106–53, in first sentence, substituted ‘‘implementation of small structural and nonstructural projects’’ for ‘‘construction of small projects’’ and, in third sentence, substituted ‘‘$7,000,000’’ for ‘‘$5,000,000’’. 1986—Pub. L. 99–662 substituted ‘‘$40,000,000’’ for ‘‘$30,000,000’’ and ‘‘$5,000,000’’ for ‘‘$4,000,000’’. 1981—Pub. L. 97–140 substituted ‘‘Not more than $4,000,000 shall be allotted under this section for a project at any single locality’’ for ‘‘Not more than $2,000,000 shall be allotted under this section for a project in any single locality, except that not more than $3,000,000 shall be allotted under this section for a project at a single locality if such project protects an area which has been declared to be a major disaster area pursuant to the Disaster Relief Act of 1966 or the Disaster Relief Act of 1970 in the five-year period im- mediately preceding the date the Chief of Engineers deems such work advisable’’. 1976—Pub. L. 94–587 increased limitation on allotment for a project at a single locality from $1,000,000 to $2,000,000 and for such a project protecting a major dis- aster area from $2,000,000 to $3,000,000. 1974—Pub. L. 93–251, in revising provisions, increased fiscal year allotment to $30,000,000 from $25,000,000 and required allotment of $2,000,000 for a project at a single locality if such locality protects an area declared to be a major-disaster area pursuant to Disaster Relief Act of 1966 or Disaster Relief Act of 1970 in five-year period immediately preceding the date the Chief of Engineers deems such work advisable. 1962—Pub. L. 87–874 substituted ‘‘$25,000,000’’ for ‘‘$10,000,000’’, ‘‘projects for flood control and related purposes’’ for ‘‘flood control projects’’, and provisions limiting the allotment for a single project to $1,000,000 and providing that such allotment shall be sufficient to complete Federal participation, for provisions limiting the allotment for any single project to $400,000 from the appropriations for any fiscal year. 1956—Act July 11, 1956, substituted ‘‘$10,000,000’’ for ‘‘$3,000,000’’, struck out ‘‘and not within areas intended Page 211 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 702 to be protected by projects so authorized’’ before ‘‘which come within the provisions of section 701a of this title’’, and substituted ‘‘$400,000’’ for ‘‘$150,000’’. 1950—Act May 17, 1950, substituted ‘‘$3,000,000’’ for ‘‘$2,000,000’’ and ‘‘$150,000’’ for ‘‘$100,000’’. Statutory Notes and Related Subsidiaries 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. EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–140, § 2(b), Dec. 29, 1981, 95 Stat. 1717, pro- vided that: ‘‘The amendment made by this section [amending this section] shall not apply to any project under contract for construction on the date of enact- ment of this Act [Dec. 29, 1981].’’ EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–587 not applicable to any project under contract for construction on Oct. 22, 1976, see section 133(c) of Pub. L. 94–587, set out as a note under section 577 of this title. ICE JAM PREVENTION AND MITIGATION Pub. L. 114–322, title I, § 1150, Dec. 16, 2016, 130 Stat. 1661, as amended by Pub. L. 115–270, title I, § 1131, Oct. 23, 2018, 132 Stat. 3780, provided that: ‘‘(a) IN GENERAL.—The Secretary [of the Army] may carry out projects under section 205 of the Flood Con- trol Act of 1948 (33 U.S.C. 701s), including planning, de- sign, construction, and monitoring of structural and nonstructural technologies and measures, for pre- venting and mitigating flood damages associated with ice jams. ‘‘(b) INCLUSION.—The projects described in subsection (a) may include the development and demonstration of cost-effective technologies and designs developed in consultation with— ‘‘(1) the Cold Regions Research and Engineering Laboratory of the Corps of Engineers; ‘‘(2) universities; ‘‘(3) Federal, State, and local agencies; and ‘‘(4) private organizations. ‘‘(c) PILOT PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary shall identify and carry out not fewer than 20 projects under this sec- tion to demonstrate technologies and designs devel- oped in accordance with this section. ‘‘(2) PROJECT SELECTION.—The Secretary shall— ‘‘(A) ensure that the projects are selected from all cold regions of the United States, including the Upper Missouri River Basin and the Northeast; and ‘‘(B) select not fewer than one project to be car- ried out on a reservation (as defined in section 3 of the Indian Financing Act of 1974 [25 U.S.C. 1452]) that serves more than one Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5304]).’’ § 701t. Emergency fund for flood damage; amount; commitments to be fulfilled by local interests The sum of $25,000,000 is authorized to be ap- propriated as an emergency fund to be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engi- neers for the repair, restoration, and strength- ening of levees and other flood control works which have been threatened or destroyed by re- cent floods, or which may be threatened or de- stroyed by later floods, including the raising, extending, or other modification of such works as may be necessary in the discretion of the Chief of Engineers for the adequate functioning of the works for flood control: Provided, That local interests shall provide without cost to the United States all lands, easements, and rights of way necessary for the work and shall maintain and operate all the works after completion in a manner satisfactory to the Chief of Engineers: Provided further, That pending the appropriation of said sum, the Secretary of the Army may allot from existing flood-control appropriations such sums as may be necessary for the imme- diate prosecution of the work authorized by this section, such appropriations to be reimbursed from said emergency fund when appropriated: And provided further, That funds allotted under this authority shall not be diverted from the un- obligated funds from the appropriation ‘‘Flood control, general’’, made available in War De- partment Civil Functions Appropriation Acts for specific purposes. (June 30, 1948, ch. 771, title II, § 208, 62 Stat. 1182.) § 701u. International engineering or scientific conferences; attendance The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter made for flood control or rivers and harbors, funds for payment of expenses of rep- resentatives of the Corps of Engineers engaged on flood control and river and harbor work to international engineering or scientific con- ferences to be held outside the United States: Provided, That not more than ten representa- tives of the Corps of Engineers shall attend any one conference. (May 17, 1950, ch. 188, title II, § 211, 64 Stat. 183; Pub. L. 104–303, title II, § 222, Oct. 12, 1996, 110 Stat. 3697.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–303 substituted ‘‘outside the United States’’ for ‘‘outside the continental limits of the United States’’ and struck out before period at end ‘‘: And provided further, That not more than $25,000 shall be allotted during any one fiscal year for this pur- pose’’. § 702. Mississippi River [AUTHORIZATION OF FLOOD-CONTROL WORK.] For controlling the floods of the Mississippi River and continuing its improvement from the Head of the Passes to the mouth of the Ohio River the Secretary of the Army is empowered, author- ized, and directed to carry on continuously, by hired labor or otherwise, the plans of the Mis- sissippi River Commission, prior to March 3, 1923, or thereafter adopted, to be paid for as ap- propriations may from time to time be made by law. [ALLOTMENTS FOR IMPROVEMENT OF WATER- COURSES CONNECTED WITH MISSISSIPPI RIVER.] The watercourses connected with the Mississippi River to such extent as may be necessary to ex- clude the flood waters from the upper limits of any delta basin, together with the Ohio River from its mouth to the mouth of the Cache River, may, in the discretion of said commission, re-