§ 2214. — General credit for flood control.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2214]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER I--COST SHARING
Sec. 2214. General credit for flood control
(a) Guidelines
Within one year after November 17, 1986, the Secretary shall issue
guidelines to carry out this section, consistent with the principles and
guidelines on project formulation. The guidelines shall include criteria
for determining whether work carried out by non-Federal interests is
compatible with a project for flood control and procedures for making
such determinations. The guidelines under this section shall be
promulgated after notice in the Federal Register and opportunity for
comment.
(b) Analysis of costs and benefits
The guidelines established under subsection (a) of this section
shall provide for the Secretary to consider, in analyzing the costs and
benefits of a proposed project for flood control, the costs and benefits
produced by any flood control work carried out by non-Federal interests
that the Secretary determines to be compatible with the project. For
purposes of the preceding sentence the Secretary may consider only work
carried out after the date which is 5 years before the first obligation
of funds for the reconnaissance study for such project. In no case may
work which was carried out more than 5 years before November 17, 1986,
be considered under this subsection, unless otherwise provided in this
Act.
(c) Crediting of non-Federal share
The guidelines established under subsection (a) of this section
shall provide for crediting the cost of work carried out by the non-
Federal interests against the non-Federal share of the cost of an
authorized project for flood control as follows:
(1) Work which is carried out after the end of the
reconnaissance study and before the submission to Congress of the
final report of the Chief of Engineers on the project and which is
determined by the Secretary to be compatible with the project shall
be included as part of the project and shall be recommended by the
Secretary in the final report for credit against the non-Federal
share of the cost of the project.
(2) Work which is carried out after submission of the final
report of the Chief of Engineers to Congress and which is determined
by the Secretary to be compatible with the project shall be
considered as part of the project and shall be credited by the
Secretary against the non-Federal share of the cost of the project
in accordance with the guidelines promulgated pursuant to subsection
(a) of this section.
In no event may work which was carried out more than 5 years before
November 17, 1986, be considered under this subsection, unless otherwise
provided in this Act.
(d) Procedure for work done before November 17, 1986
The Secretary shall consider, under subsections (b) and (c) of this
section, work carried out before November 17, 1986, by non-Federal
interests on a project for flood control, if the non-Federal interests
apply to the Secretary for consideration of such work not later than
March 31, 1987. The Secretary shall make determinations under
subsections (b) and (c) of this section with respect to such work not
later than 6 months after guidelines are issued under subsection (a) of
this section.
(e) Procedure for work done after November 17, 1986
The Secretary shall consider work carried out after November 17,
1986, by non-Federal interests on a project for flood control under
subsections (b) and (c) of this section in accordance with the
guidelines issued under subsection (a) of this section. The guidelines
shall require prior approval by the Secretary of any flood control work
carried out after November 17, 1986, in order to be considered under
this section, taking into account the economic and environmental
feasibility of the project.
(f) Limitation not applicable
Any flood control work included as part of the non-Federal share of
the cost of a project under this section shall not be subject to the
limitation contained in the last sentence of section 1962d-5a(a) of
title 42.
(g) Cash contribution not affected
Nothing in this section affects the requirement of section
2213(a)(1)(A) of this title.
(Pub. L. 99-662, title I, Sec. 104, Nov. 17, 1986, 100 Stat. 4087.)
References in Text
This Act, referred to in subsecs. (b) and (c), 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.
