33 U.S. Code § 2232 - Construction of water resources development projects by non-Federal interests
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(a) Water resources development project defined
In this section, the term “water resources development project” means a project recommendation that results from—
(2) a completed feasibility study developed under section 2231 of this title; or
(1) In general
A non-Federal interest may carry out a water resources development project, or separable element thereof—
Before carrying out a water resources development project, or separable element thereof, under this section, a non-Federal interest shall—
(A) obtain any permit or approval required in connection with the project or separable element under Federal or State law; and
(c) Studies and engineering
When requested by an appropriate non-Federal interest, the Secretary may undertake all necessary studies and engineering for any construction to be undertaken under subsection (b), and provide technical assistance in obtaining all necessary permits for the construction, if the non-Federal interest contracts with the Secretary to furnish the United States funds for the studies, engineering, or technical assistance in the period during which the studies and engineering are being conducted.
(d) Credit or reimbursement.—
(1) General rule
Subject to paragraph (3), a project or separable element of a project carried out by a non-Federal interest under this section shall be eligible for credit or reimbursement for the Federal share of work carried out on a project or separable element of a project if—
(A) before initiation of construction of the project or separable element—
(i) the Secretary approves the plans for construction of the project or separable element of the project by the non-Federal interest;
(ii) the Secretary determines, before approval of the plans, that the project or separable element of the project is feasible; and
(B) the Secretary determines that all Federal laws and regulations applicable to the construction of a water resources development project, and any conditions identified under subsection (b)(1)(B), were complied with by the non-Federal interest during construction of the project or separable element of the project.
(2) Application of credit
The Secretary may apply credit toward—
The Secretary may only apply credit or provide reimbursement under paragraph (1) if—
The Secretary shall regularly monitor and audit any water resources development project, or separable element of a water resources development project, constructed by a non-Federal interest under this section to ensure that—
(e) Notification of committees
If a non-Federal interest notifies the Secretary that the non-Federal interest intends to carry out a project, or separable element thereof, under this section, the Secretary shall provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives concerning the intent of the non-Federal interest.
(f) Operation and maintenance
Whenever a non-Federal interest carries out improvements to a federally authorized harbor or inland harbor, the Secretary shall be responsible for operation and maintenance in accordance with section 2211 (b) of this title if—
(1) before construction of the improvements—
(A) the Secretary determines that the improvements are feasible and consistent with the purposes of this subchapter; and
(2) the Secretary certifies that the project or separable element of the project is constructed in accordance with applicable permits and appropriate engineering and design standards; and
Source(Pub. L. 99–662, title II, § 204,Nov. 17, 1986, 100 Stat. 4099; Pub. L. 101–640, title III, § 303,Nov. 28, 1990, 104 Stat. 4634; Pub. L. 113–121, title I, § 1014(b)(1),June 10, 2014, 128 Stat. 1220.)
References in Text
This subchapter, referred to in subsec. (f)(1)(A), was in the original “this title” which, in addition to this subchapter, consisted of sections 201, 202, and 213 ofPub. L. 99–662, which are not classified to the Code.
2014—Pub. L. 113–121amended section generally. Prior to amendment, section related to construction of projects by non-Federal interests.
1990—Subsec. (c). Pub. L. 101–640, § 303(a), inserted after first sentence “The Secretary is further authorized to complete and transmit to the appropriate non-Federal interest any study for improvement to harbors or inland harbors of the United States that is initiated pursuant to section 577 of this title or, upon request of such non-Federal interest, to terminate such study and transmit such partially completed study to the non-Federal interest.”
Subsec. (e). Pub. L. 101–640, § 303(b)(1), redesignatedsubsec. (e), relating to operation and maintenance, as (f).
Subsec. (e)(1). Pub. L. 101–640, § 303(b)(2), (3), in introductory provisions inserted “including any small navigation project approved pursuant to section 577 of this title,” after “or separable element thereof,” and in subpar. (A) inserted “(or, in the case of a small navigation project, after completion of a favorable project report by the Corps of Engineers)” after “authorization of the project”.
Subsec. (f). Pub. L. 101–640, § 303(b)(1), redesignatedsubsec. (e), relating to operation and maintenance, as (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 101–640, § 303(b)(1), redesignatedsubsec. (f) as (g).
Pub. L. 113–121, title I, § 1014(d),June 10, 2014, 128 Stat. 1222, provided that: “Nothing in this section [amending this section and section 2231 of this title, repealing sections 426i–1 and 701b–13 of this title, and repealing provisions set out as a note under this section] may be construed to affect an agreement in effect on the date of enactment of this Act [June 10, 2014], or an agreement that is finalized between the Corps of Engineers and a non-Federal interest on or before December 31, 2014, under any of the following sections (as such sections were in effect on the day before such date of enactment):
Operation and Maintenance of Certain Projects
Pub. L. 113–121, title I, § 1016,June 10, 2014, 128 Stat. 1223, provided that: “The Secretary [of the Army] may assume responsibility for operation and maintenance in accordance with section 101(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2211 (b)) (as amended by section 2102 (b)) for improvements to a federally authorized harbor or inland harbor that are carried out by a non-Federal interest prior to December 31, 2014, if the Secretary determines that the requirements under paragraphs (2) and (3) of section 204(f) of the Water Resources Development Act of 1986 (33 U.S.C. 2232 (f)) are met.”
Demonstration of Construction of Federal Project by Non-Federal Interests