§ 2332. — Flood mitigation and riverine restoration program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2332]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 2332. Flood mitigation and riverine restoration program
(a) In general
The Secretary may undertake a program for the purpose of conducting
projects to reduce flood hazards and restore the natural functions and
values of rivers throughout the United States.
(b) Studies and projects
(1) Authority
In carrying out the program, the Secretary may conduct studies
to identify appropriate flood damage reduction, conservation, and
restoration measures and may design and implement projects described
in subsection (a) of this section.
(2) Consultation and coordination
The studies and projects carried out under this section shall be
conducted, to the maximum extent practicable, in consultation and
coordination with the Federal Emergency Management Agency and other
appropriate Federal agencies, and in consultation and coordination
with appropriate State and local agencies and tribes.
(3) Nonstructural approaches
The studies and projects shall emphasize, to the maximum extent
practicable and appropriate, nonstructural approaches to preventing
or reducing flood damages.
(4) Participation
The studies and projects shall be conducted, to the maximum
extent practicable, in cooperation with State and local agencies and
tribes to ensure the coordination of local flood damage reduction or
riverine and wetland restoration studies with projects that
conserve, restore, and manage hydrologic and hydraulic regimes and
restore the natural functions and values of floodplains.
(c) Cost-sharing requirements
(1) Studies
Studies conducted under this section shall be subject to cost
sharing in accordance with section 2215 of this title.
(2) Environmental restoration and nonstructural flood
control projects
(A) In general
The non-Federal interests shall pay 35 percent of the cost
of any environmental restoration or nonstructural flood control
project carried out under this section.
(B) Items provided by non-Federal interests
The non-Federal interests shall provide all land, easements,
rights-of-way, dredged material disposal areas, and relocations
necessary for such projects.
(C) Credit
The value of such land, easements, rights-of-way, dredged
material disposal areas, and relocations shall be credited
toward the payment required under this paragraph.
(3) Structural flood control projects
Any structural flood control projects carried out under this
section shall be subject to cost sharing in accordance with section
2213(a) of this title.
(4) Operation and maintenance
The non-Federal interests shall be responsible for all costs
associated with operating, maintaining, replacing, repairing, and
rehabilitating all projects carried out under this section.
(d) Project justification
(1) In general
Notwithstanding any other provision of law or requirement for
economic justification established under section 1962-2 of title 42,
the Secretary may implement a project under this section if the
Secretary determines that the project--
(A) will significantly reduce potential flood damages;
(B) will improve the quality of the environment; and
(C) is justified considering all costs and beneficial
outputs of the project.
(2) Establishment of selection and rating criteria and
policies
(A) In general
Not later than 180 days after August 17, 1999, the
Secretary, in cooperation with State and local agencies and
tribes, shall--
(i) develop, and submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate, criteria for selecting and rating
projects to be carried out under this section; and
(ii) establish policies and procedures for carrying out
the studies and projects undertaken under this section.
(B) Criteria
The criteria referred to in subparagraph (A)(i) shall
include, as a priority, the extent to which the appropriate
State government supports the project.
(e) Priority areas
In carrying out this section, the Secretary shall examine
appropriate locations, including--
(1) Pima County, Arizona, at Paseo De Las Iglesias and Rillito
River;
(2) Coachella Valley, Riverside County, California;
(3) Los Angeles and San Gabriel Rivers, California;
(4) Murrieta Creek, California;
(5) Napa River Valley watershed, California, at Yountville, St.
Helena, Calistoga, and American Canyon;
(6) Santa Clara basin, California, at Upper Guadalupe River and
Tributaries, San Francisquito Creek, and Upper Penitencia Creek;
(7) Pond Creek, Kentucky;
(8) Red River of the North, Minnesota, North Dakota, and South
Dakota;
(9) Connecticut River, New Hampshire;
(10) Pine Mount Creek, New Jersey;
(11) Southwest Valley, Albuquerque, New Mexico;
(12) Upper Delaware River, New York;
(13) Briar Creek, North Carolina;
(14) Chagrin River, Ohio;
(15) Mill Creek, Cincinnati, Ohio;
(16) Tillamook County, Oregon;
(17) Willamette River basin, Oregon;
(18) Blair County, Pennsylvania, at Altoona and Frankstown
Township;
(19) Delaware River, Pennsylvania;
(20) Schuylkill River, Pennsylvania;
(21) Providence County, Rhode Island;
(22) Shenandoah River, Virginia;
(23) Lincoln Creek, Wisconsin; and \1\
---------------------------------------------------------------------------
\1\ So in original. The word ``and'' probably should not appear.
---------------------------------------------------------------------------
(24) Perry Creek, Iowa;
(25) Lester, St. Louis, East Savanna, and Floodwood Rivers,
Duluth, Minnesota;
(26) Lower Hudson River and tributaries, New York;
(27) Susquehanna River watershed, Bradford County, Pennsylvania;
and
(28) Clear Creek, Harris, Galveston, and Brazoria Counties,
Texas.
(f) Program review
(1) In general
The program established under this section shall be subject to
an independent review to evaluate the efficacy of the program in
achieving the dual goals of flood hazard mitigation and riverine
restoration.
(2) Report
Not later than April 15, 2003, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report on the findings of the review conducted under
this subsection with any recommendations concerning continuation of
the program.
(g) Maximum Federal cost per project
Not more than $30,000,000 may be expended by the United States on
any single project under this section.
(h) Procedure
(1) All projects
The Secretary shall not implement any project under this section
until--
(A) the Secretary submits to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a written notification describing the project
and the determinations made under subsection (d)(1) of this
section; and
(B) 21 calendar days have elapsed after the date on which
the notification was received by the committees.
(2) Projects exceeding $15,000,000
(A) Limitation on appropriations
No appropriation shall be made to construct any project
under this section the total Federal cost of construction of
which exceeds $15,000,000 if the project has not been approved
by resolutions adopted by the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Environment and Public Works of the Senate.
(B) Report
For the purpose of securing consideration of approval under
this paragraph, the Secretary shall submit a report on the
proposed project, including all relevant data and information on
all costs.
(i) Authorization of appropriations
(1) In general
There are authorized to be appropriated to carry out this
section--
(A) $20,000,000 for fiscal year 2001;
(B) $30,000,000 for fiscal year 2002; and
(C) $50,000,000 for each of fiscal years 2003 through 2005.
(2) Full funding
All studies and projects carried out under this section from
Army Civil Works appropriations shall be fully funded within the
program funding levels provided in this subsection.
(Pub. L. 106-53, title II, Sec. 212, Aug. 17, 1999, 113 Stat. 288; Pub.
L. 106-541, title II, Sec. 227, Dec. 11, 2000, 114 Stat. 2599.)
Codification
Section was enacted as part of the Water Resources Development Act
of 1999, and not as part of the Water Resources Development Act of 1986
which comprises this chapter.
Amendments
2000--Subsec. (e)(24) to (28). Pub. L. 106-541 added pars. (24) to
(28).
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the
Federal Emergency Management Agency, including the functions of the
Director of the Federal Emergency Management Agency relating thereto, to
the Secretary of Homeland Security, and for treatment of related
references, see sections 313(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
``Secretary'' Defined
Secretary means the Secretary of the Army, see section 2 of Pub. L.
106-53, set out as a note under section 2201 of this title.
