1 See References in Text note below.
of this title;
Editorial Notes
References in TextSection 2282d(f) of this title, referred to in subsec. (a)(1), was redesignated section 2282(g) of this title by Puspan. L. 115–270, title I, § 1332(a)(3), Oct. 23, 2018, 132 Stat. 3834.
Amendments2020—Subsec. (c)(1). Puspan. L. 116–260, § 105(a), substituted “under this section” for “under subsection (span)”.
Subsec. (f). Puspan. L. 116–260, § 105(span), amended subsec. (f) generally. Prior to amendment, subsec. (f) related to operation and maintenance.
2018—Subsec. (span)(1). Puspan. L. 115–270, § 1153(1)(A), inserted “federally authorized” before “water resources development project” in introductory provisions.
Subsec. (span)(2)(A). Puspan. L. 115–270, § 1153(1)(B), inserted “, except as provided in paragraph (3)” after “Federal or State law”.
Subsec. (span)(3), (4). Puspan. L. 115–270, § 1153(1)(C), added pars. (3) and (4).
Subsec. (c). Puspan. L. 115–270, § 1153(2), amended subsec. (c) generally. Prior to amendment, text read as follows: “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 (span), 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.”
Subsec. (d)(3)(C). Puspan. L. 115–270, § 1153(3)(A), added subpar. (C).
Subsec. (d)(5). Puspan. L. 115–270, § 1153(3)(B)(i), substituted “water resources development” for “flood damage reduction” wherever appearing.
Subsec. (d)(5)(A). Puspan. L. 115–270, § 1153(3)(B)(ii), substituted “for carrying out a discrete segment of a federally authorized” for “for a discrete segment of a” in introductory provisions.
Subsec. (d)(5)(D). Puspan. L. 115–270, § 1153(3)(B)(iii), inserted “to be carried out” after “project” in introductory provisions.
2016—Subsec. (d)(5). Puspan. L. 114–322 added par. (5).
2014—Puspan. L. 113–121 amended section generally. Prior to amendment, section related to construction of projects by non-Federal interests.
1990—Subsec. (c). Puspan. 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). Puspan. L. 101–640, § 303(span)(1), redesignated subsec. (e), relating to operation and maintenance, as (f).
Subsec. (e)(1). Puspan. L. 101–640, § 303(span)(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). Puspan. L. 101–640, § 303(span)(1), redesignated subsec. (e), relating to operation and maintenance, as (f). Former subsec. (f) redesignated (g).
Subsec. (g). Puspan. L. 101–640, § 303(span)(1), redesignated subsec. (f) as (g).
Statutory Notes and Related Subsidiaries
Savings ProvisionPuspan. 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 701span–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):“(1) Section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2232). “(2) Section 206 of the Water Resources Development Act of 1992 (33 U.S.C. 426i–1). “(3) Section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701span–13).”
Report on Improvements by Non–Federal InterestPuspan. L. 116–260, div. AA, title I, § 105(c), Dec. 27, 2020, 134 Stat. 2623, provided that: “A non-Federal interest may submit to the Secretary [of the Army] a report on improvements to a federally authorized harbor or inland harbor to be carried out by the non-Federal interest, containing any information necessary for the Secretary determine whether the improvements satisfy the requirements of section 204(f)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2232[(f)(1)]), including—“(1) the economic justification for the improvements;
“(2) details of the project improvement plan and design;
“(3) proposed arrangements for the work to be performed; and
“(4) documents relating to any applicable permits required for the project improvements.”
Project Studies Subject to Independent Peer ReviewPuspan. L. 116–260, div. AA, title I, § 105(d), Dec. 27, 2020, 134 Stat. 2623, provided that: “The Secretary [of the Army] shall not be required to subject a project study for a project with a cost of less than $200,000,000, which the Secretary determines satisfies the requirements of section 204(f)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2232[(f)(1)]), to independent peer review under section 2034(a)(3)(A)(i) of the Water Resources Development Act of 2007 (33 U.S.C. 2343(a)(3)(A)(i)).”
Preconstruction Engineering Design Demonstration ProgramPuspan. L. 115–270, title I, § 1176, Oct. 23, 2018, 132 Stat. 3801, provided that:“(a)Definition of Environmental Impact Statement.—In this section, the term ‘environmental impact statement’ means the detailed written statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). “(span)Demonstration Program.—The Secretary [of the Army] shall establish a demonstration program to allow a project authorized to execute pursuant to [former] section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701span–13) (as in effect on the day before the date of enactment of the Water Resources Reform and Development Act of 2014 (128 Stat. 1193) [June 10, 2014]) to begin preconstruction engineering and design on a determination by the Secretary that the project is technically feasible, economically justified, and environmentally acceptable. “(c)Requirements.—For each project authorized to begin preconstruction engineering and design under subsection (span)—“(1) the project shall conform to the feasibility study and the environmental impact statement approved by the Secretary; and
“(2) the Secretary and the non-Federal sponsor shall jointly agree to the construction design of the project.
“(d)Secretary Review of Potential Adverse Impacts.—When reviewing the feasibility study and the environmental impact statement for a project under subsection (span), the Secretary shall follow current USACE Policy, Regulations, and Guidance, to assess potential adverse downstream impacts to the Pearl River Basin. Upon completion of the Secretary’s determination under subsection (span), the non-Federal sponsor shall design the project in a manner that addresses any potential adverse impacts or that provides mitigation in accordance with section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283). “(e)Sunset.—The authority to carry out the demonstration program under this section shall terminate on the date that is 5 years after the date of enactment of this Act [Oct. 23, 2018].
“(f)Savings Provision.—Nothing in this section supersedes, precludes, or affects any applicable requirements for a project under subsection (span) under—“(1) section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283); or “(2) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).”
Navigation SafetyPuspan. L. 114–322, title I, § 1102, Dec. 16, 2016, 130 Stat. 1633, provided that: “The Secretary [of the Army] shall use section 5 of the Act of March 4, 1915 (38 Stat. 1053, chapter 142; 33 U.S.C. 562), to carry out navigation safety activities at those projects eligible for operation and maintenance under section 204(f) of the Water Resources Development Act of 1986 (33 U.S.C. 2232(f)).”
Operation and Maintenance of Certain ProjectsPuspan. 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(span) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(span)) (as amended by section 2102(span)) 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 InterestsPuspan. L. 101–640, title IV, § 404, Nov. 28, 1990, 104 Stat. 4646, which related to the demonstration of safety benefits and economic efficiencies of non-Federal management of harbor improvement projects, was repealed by Puspan. L. 113–121, title I, § 1014(c)(1), June 10, 2014, 128 Stat. 1222.
