1 See References in Text note below.
Editorial Notes
References in Text

Public Law 98–8, referred to in subsec. (e)(2), is Pub. L. 98–8, Mar. 24, 1983, 97 Stat. 13. For complete classification of this Act to the Code, see Tables.

Section 202 of Public Law 96–367, referred to in subsec. (e)(2), is section 202 of Pub. L. 96–367, title II, Oct. 1, 1980, 94 Stat. 1339, which is not classified to the Code.

This Act, referred to in subsecs. (f) and (h), is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, as amended, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables.

The Flood Control Act of 1946, referred to in subsec. (g)(2)(A), is act July 24, 1946, ch. 596, 60 Stat. 641, as amended. For complete classification of this Act to the Code, see Tables.

Public Law 99–88, referred to in subsec. (g)(2)(B), is Pub. L. 99–88, Aug. 15, 1985, 99 Stat. 293, known as the Supplemental Appropriations Act, 1985. Provisions of Pub. L. 99–88 authorizing the project for Eight Mile Creek, Arkansas, are not classified to the Code. For complete classification of this Act to the Code, see Tables.

The Flood Control Act approved August 18, 1941, referred to in subsec. (g)(2)(C), is act Aug. 18, 1941, ch. 377, 55 Stat. 638. For complete classification of this Act to the Code, see Tables.

Section 903(c), referred to in subsec. (n)(2), is section 903(c) of Pub. L. 99–662, title IX, Nov. 17, 1986, 100 Stat. 4184, which is not classified to the Code.

Amendments

2020—Subsec. (b). Pub. L. 116–260, § 115(b)(1), substituted “Projects using nonstructural, natural, or nature-based features” for “Nonstructural flood control projects” in heading.

Subsec. (b)(1). Pub. L. 116–260, § 115(b)(2), substituted “a flood risk management or hurricane and storm damage risk reduction measure using a nonstructural feature, or a natural feature or nature-based feature (as those terms are defined in section 2289a(a) of this title),” for “nonstructural flood control measures” and “cash during construction for a nonstructural feature if the costs of land, easements, rights-of-way, dredged material disposal areas, and relocations for such feature are estimated to exceed 35 percent” for “cash during construction of the project”.

Subsec. (j)(1). Pub. L. 116–260, § 143, designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).

Subsec. (k). Pub. L. 116–260, § 351, designated existing provisions as par. (1), inserted heading, and added pars. (2) to (4).

2007—Subsec. (m)(2). Pub. L. 110–114, § 2019(a), substituted “December 31, 2007” for “180 days after December 11, 2000”.

Subsec. (n). Pub. L. 110–114, § 2001, added subsec. (n).

2000—Subsec. (m)(1), (2). Pub. L. 106–541, § 204(1), added pars. (1) and (2) and struck out former pars. (1) and (2) which required any cost-sharing agreement to be subject to the ability of a non-Federal interest to pay and required the Secretary to determine ability to pay using certain criteria and procedures.

Subsec. (m)(3)(B), (C). Pub. L. 106–541, § 204(2), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “shall not consider criteria (other than criteria described in subparagraph (A)) in effect on the day before October 12, 1996; and”.

1999—Subsec. (b). Pub. L. 106–53, § 219(c)(1), which directed insertion of the par. (1) designation and heading before “The non-Federal”, was executed by making the insertion before that phrase the first place it appeared to reflect the probable intent of Congress.

Subsec. (b)(2). Pub. L. 106–53, § 219(c)(2), added par. (2).

Subsec. (d). Pub. L. 106–53, § 215(a), designated existing provisions as par. (1), inserted heading, and added par. (2).

Subsec. (d)(2)(A). Pub. L. 106–109 substituted “except for a project for which a District Engineer’s Report is completed by that date,” for “or for which a feasibility study is completed after that date,”.

1996—Subsecs. (a)(2), (b). Pub. L. 104–303, § 202(a)(1)(A), substituted “35 percent” for “25 percent” wherever appearing.

Subsec. (c)(7). Pub. L. 104–303, § 210(a), added par. (7).

Subsec. (e)(1). Pub. L. 104–303, § 202(a)(2), inserted at end “For the purpose of the preceding sentence, physical construction shall be considered to be initiated on the date of the award of a construction contract.”

Subsec. (m). Pub. L. 104–303, § 202(b)(1), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Any cost-sharing agreement under this section for flood control or agricultural water supply shall be subject to the ability of a non-Federal interest to pay. The ability of any non-Federal interest to pay shall be determined by the Secretary in accordance with procedures established by the Secretary.”

1992—Subsec. (i). Pub. L. 102–580, § 333(b)(2), substituted “Except as provided under section 2283(c) of this title, the non-Federal” for “The non-Federal”.

Subsec. (m). Pub. L. 102–580, § 201(a), amended subsec. (m) generally. Prior to amendment, subsec. (m) read as follows:

“(1) General rule.—Any cost-sharing agreement under this section for flood control or agricultural water supply shall be subject to the ability of a non-Federal interest to pay.

“(2) Procedures.—

“(A) In general.—The ability of any non-Federal interest to pay shall be determined by the Secretary in accordance with procedures established by the Secretary.

“(B) Limitations.—The procedures established pursuant to this subsection shall provide for a reduction in any non-Federal cash contribution required under subsection (a)(2) of this section. In addition, such procedures shall provide for determination of the eligibility of the non-Federal interest for a reduction in the required cash contribution on the basis of local, not statewide, economic and financial data.

“(C) Regulations.—Not later than 1 year after November 28, 1990, the Secretary shall issue regulations establishing the procedures required by this paragraph.”

1990—Subsec. (m). Pub. L. 101–640 amended subsec. (m) generally. Prior to amendment, subsec. (m) read as follows: “Any cost-sharing agreement under this section for flood control or agricultural water supply shall be subject to the ability of a non-Federal interest to pay. The ability of any non-Federal interest to pay shall be determined by the Secretary in accordance with procedures established by the Secretary.”

Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment

Pub. L. 104–303, title II, § 202(a)(1)(B), Oct. 12, 1996, 110 Stat. 3673, provided that:

“The amendments made by subparagraph (A) [amending this section] shall apply to any project authorized after the date of the enactment of this Act [Oct. 12, 1996] and to any flood control project that is not specifically authorized by Congress for which a Detailed Project Report is approved after such date of enactment or, in the case of a project for which no Detailed Project Report is prepared, construction is initiated after such date of enactment.”

Pub. L. 104–303, title II, § 202(b)(2), Oct. 12, 1996, 110 Stat. 3674, provided that:

“(A)
Generally.—
Subject to subparagraph (C), the amendment made by paragraph (1) [amending this section] shall apply to any project, or separable element thereof, with respect to which the Secretary and the non-Federal interest enter into a project cooperation agreement after December 31, 1997.
“(B)
Amendment of cooperation agreement.—
If requested by the non-Federal interest, the Secretary shall amend a project cooperation agreement executed on or before the date of the enactment of this Act [Oct. 12, 1996] to reflect the application of the amendment made by paragraph (1) to any project for which a contract for construction has not been awarded on or before such date of enactment.
“(C)
Non-federal option.—
If requested by the non-Federal interest, the Secretary shall apply the criteria and procedures established pursuant to section 103(m) of the Water Resources Development Act of 1986 [subsec. (m) of this section] as in effect on the day before the date of the enactment of this Act for projects that are authorized before the date of the enactment of this Act.”

[Reference to “project cooperation agreement” deemed to be reference to “project partnership agreement”, see section 2003(f)(2) of Pub. L. 110–114, set out as a note under section 1962d–5b of Title 42, The Public Health and Welfare.]

Pub. L. 104–303, title II, § 210(b), Oct. 12, 1996, 110 Stat. 3681, provided that:

“The amendments made by subsection (a) [amending this section] apply only to projects authorized after the date of the enactment of this Act [Oct. 12, 1996].”

Continuation of Existing Regulations

Pub. L. 101–640, title III, § 305(b), Nov. 28, 1990, 104 Stat. 4635, provided that:

“Regulations issued to carry out section 103(m) of the Water Resources Development Act of 1986 [33 U.S.C. 2213(m)] before the date of the enactment of this Act [Nov. 28, 1990] and in effect on such date shall continue in effect until regulations are issued pursuant to paragraph (2)(C) of such section, as added by subsection (a) of this section.”

Reports to Congress

Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 401, provided that:

“The Secretary of the Army shall file a report with the appropriate committees of the House of Representatives and the Senate within ninety days after a written request is made pursuant to the provisions of subsection (m) of section 103 of Public Law 99–662 [33 U.S.C. 2213(m)] indicating the action taken on the request. In addition, the Secretary of the Army shall file a report with the appropriate committees of the House of Representatives and the Senate within ninety days after enactment of this Act [July 11, 1987] listing any project or study falling under the provisions of subsection (e)(1) of section 103 of Public Law 99–662.”