33 U.S.C. § 2222 — Use of other Federal funds

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. Page 715 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2223 § 2223. Transfer of excess credit (a) Application of credit (1) In general Subject to subsection (b), the Secretary may apply credit for in-kind contributions provided by a non-Federal interest that are in excess of the required non-Federal cost share for a water resources development study or project toward the required non-Federal cost share for a different water resources development study or project. (2) Application prior to completion of project On request of a non-Federal interest, the credit described in paragraph (1) may be ap- plied prior to completion of a study or project, if the credit amount is verified by the Sec- retary. (3) Studies and projects with multiple non-Fed- eral interests A credit described in paragraph (1) for a study or project with multiple non-Federal in- terests may be applied to the required non- Federal cost share for a study or project of any such non-Federal interest, if each such non-Federal interest agrees in writing to such application. (b) Restrictions (1) In general Except for subsection (a)(4)(D)(i) of that sec- tion, the requirements of section 1962d–5b of title 42 (as amended by section 1018(a)) shall apply to any credit under this section. (2) Conditions Credit in excess of the non-Federal share for a study or project may be approved under this section only if— (A) the non-Federal interest submits a comprehensive plan to the Secretary that identifies— (i) the studies and projects for which the non-Federal interest intends to provide in- kind contributions for credit that are in excess of the non-Federal cost share for the study or project; and (ii) the authorized studies and projects to which that excess credit would be ap- plied; (B) the Secretary approves the comprehen- sive plan; and (C) the total amount of credit does not ex- ceed the total non-Federal share for the studies and projects in the approved com- prehensive plan. (3) Conditional approval of excess credit Notwithstanding paragraph (2)(A)(ii), the Secretary may approve credit in excess of the non-Federal share for a study or project prior to the identification of each authorized study or project to which the excess credit will be applied, subject to the condition that the non- Federal interest agrees to submit for approval by the Secretary an amendment to the com- prehensive plan prepared under paragraph (2) that identifies each authorized study or project in advance of execution of the feasi- bility cost-sharing agreement or project part- nership agreement for that authorized study or project. (c) Additional criteria In evaluating a request to apply credit in ex- cess of the non-Federal share for a study or project toward a different study or project, the Secretary shall consider whether applying that credit will— (1) help to expedite the completion of a project or group of projects; (2) reduce costs to the Federal Government; and (3) aid the completion of a project that pro- vides significant flood risk reduction or envi- ronmental benefits. (d) Termination of authority The authority provided in this section shall terminate on December 31, 2030. (e) Report (1) Deadlines (A) In general Not later than 2 years after June 10, 2014, and once every 2 years thereafter, the Sec- retary shall submit to the Committee on En- vironment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representa- tives and make publicly available an interim report on the use of the authority under this section. (B) Final report Not later than December 31, 2030, the Sec- retary shall submit to the Committee on En- vironment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representa- tives and make publicly available a final re- port on the use of the authority under this section. (2) Inclusions The reports described in paragraph (1) shall include— (A) a description of the use of the author- ity under this section during the reporting period; (B) an assessment of the impact of the au- thority under this section on the time re- quired to complete projects; and (C) an assessment of the impact of the au- thority under this section on other water re- sources projects. (Pub. L. 113–121, title I, § 1020, June 10, 2014, 128 Stat. 1227; Pub. L. 114–322, title I, § 1166, Dec. 16, 2016, 130 Stat. 1670; Pub. L. 117–263, div. H, title LXXXI, § 8383, Dec. 23, 2022, 136 Stat. 3829; Pub. L. 118–272, div. A, title III, § 1303(g), Jan. 4, 2025, 138 Stat. 3114.) Editorial Notes REFERENCES IN TEXT Section 1018(a), referred to in subsec. (b)(1), means section 1018(a) of Pub. L. 113–121. CODIFICATION Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of