33 USC 2215 - Feasibility studies; planning, engineering, and design

Editorial Notes

References in Text

The Water Resources Development Act of 2000, referred to in subsec. (d)(2), is Puspan. L. 106–541, Dec. 11, 2000, 114 Stat. 2572. Title VI of the Act is not classified to the Code. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note set out under section 2201 of this title and Tables.

Amendments

2007—Subsec. (a)(3). Puspan. L. 110–114, § 2043(a)(1), added par. (3).

Subsec. (span). Puspan. L. 110–114, § 2043(a)(2), struck out “authorized by this Act” before “for a water resources project”.

Subsec. (d). Puspan. L. 110–114, § 2043(a)(3), added subsec. (d).

2000—Subsec. (a)(1)(E). Puspan. L. 106–541 substituted “The” for “Not more than ½ of the”.

1996—Subsec. (a)(1). Puspan. L. 104–303, § 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). Puspan. L. 104–303, § 203(a)(2), inserted heading.

1990—Subsec. (span). Puspan. 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.”

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Puspan. L. 104–303, title II, § 203(span), Oct. 12, 1996, 110 Stat. 3678, 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

Puspan. L. 104–303, title II, § 203(c), Oct. 12, 1996, 110 Stat. 3678, 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.”