§ 2215. — Feasibility studies; planning, engineering, and design.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2215]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER I--COST SHARING
Sec. 2215. Feasibility studies; planning, engineering, and
design
(a) Feasibility studies
(1) Cost sharing
(A) In general
The Secretary shall not initiate any feasibility study for a
water resources project after November 17, 1986, until
appropriate non-Federal interests agree, by contract, to
contribute 50 percent of the cost of the study.
(B) Payment of cost share during period of study
During the period of the study, the non-Federal share of the
cost of the study payable under subparagraph (A) shall be 50
percent of the sum of--
(i) the cost estimate for the study as contained in the
feasibility cost-sharing agreement; and
(ii) any excess of the cost of the study over the cost
estimate if the excess results from--
(I) a change in Federal law; or
(II) a change in the scope of the study requested by
the non-Federal interests.
(C) Payment of cost share on authorization of project or
termination of study
(i) Project timely authorized
Except as otherwise agreed to by the Secretary and the
non-Federal interests and subject to clause (ii), the non-
Federal share of any excess of the cost of the study over
the cost estimate (excluding any excess cost described in
subparagraph (B)(ii)) shall be payable on the date on which
the Secretary and the non-Federal interests enter into an
agreement pursuant to section 2211(e) or 2213(j) of this
title with respect to the project.
(ii) Project not timely authorized
If the project that is the subject of the study is not
authorized by the date that is 5 years after the completion
of the final report of the Chief of Engineers concerning the
study or the date that is 2 years after the termination of
the study, the non-Federal share of any excess of the cost
of the study over the cost estimate (excluding any excess
cost described in subparagraph (B)(ii)) shall be payable to
the United States on that date.
(D) Amendment of cost estimate
The cost estimate referred to in subparagraph (B)(i) may be
amended only by agreement of the Secretary and the non-Federal
interests.
(E) In-kind contributions
The non-Federal share required under this paragraph may be
satisfied by the provision of services, materials, supplies, or
other in-kind services necessary to prepare the feasibility
report.
(2) Applicability
This subsection shall not apply to any water resources study
primarily designed for the purposes of navigational improvements in
the nature of dams, locks, and channels on the Nation's system of
inland waterways.
(b) Planning and engineering
The Secretary shall not initiate any planning or engineering
authorized by this Act for a water resources project until appropriate
non-Federal interests agree, by contract, to contribute 50 percent of
the cost of the planning and engineering during the period of the
planning and engineering. Costs of planning and engineering of projects
for which non-Federal interests contributed 50 percent of the cost of
the feasibility study shall be treated as costs of construction.
(c) Design
Costs of design of a water resources project shall be shared in the
same percentage as the purposes of such project.
(Pub. L. 99-662, title I, Sec. 105, Nov. 17, 1986, 100 Stat. 4088; Pub.
L. 101-640, title III, Sec. 301, Nov. 28, 1990, 104 Stat. 4633; Pub. L.
104-303, title II, Sec. 203(a), Oct. 12, 1996, 110 Stat. 3677; Pub. L.
106-541, title II, Sec. 225, Dec. 11, 2000, 114 Stat. 2598.)
References in Text
This Act, referred to in subsec. (b), 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.
Amendments
2000--Subsec. (a)(1)(E). Pub. L. 106-541 substituted ``The'' for
``Not more than \1/2\ of the''.
1996--Subsec. (a)(1). Pub. L. 104-303, Sec. 203(a)(1), inserted
heading and amended text of par. (1) generally. Prior to amendment text
read as follows: ``The Secretary shall not initiate any feasibility
study for a water resources project after November 17, 1986, until
appropriate non-Federal interests agree, by contract, to contribute 50
percent of the cost for such study during the period of such study. Not
more than one-half of such non-Federal contribution may be made by the
provision of services, materials, supplies, or other in-kind services
necessary to prepare the feasibility report.''
Subsec. (a)(2). Pub. L. 104-303, Sec. 203(a)(2), inserted heading.
1990--Subsec. (b). Pub. L. 101-640 inserted at end ``Costs of
planning and engineering of projects for which non-Federal interests
contributed 50 percent of the cost of the feasibility study shall be
treated as costs of construction.''
Effective Date of 1996 Amendment
Section 203(b) of Pub. L. 104-303 provided that: ``The amendments
made by subsection (a) [amending this section] shall apply
notwithstanding any feasibility cost-sharing agreement entered into by
the Secretary and the non-Federal interests. On request of the non-
Federal interest, the Secretary shall amend any feasibility cost-sharing
agreements in effect on the date of the enactment of this Act [Oct. 12,
1996] so as to conform the agreements with the amendments.''
No Requirement of Reimbursement
Section 203(c) of Pub. L. 104-303 provided that: ``Nothing in this
section [amending this section and enacting provisions set out above] or
any amendment made by this section requires the Secretary to reimburse
the non-Federal interests for funds previously contributed for a
study.''
Section Referred to in Other Sections
This section is referred to in sections 2282, 2332 of this title.
