33 U.S.C. § 2267b | Post-disaster watershed assessments

(a)

Watershed assessments

(1)

In general

section 5170 of title 42In an area that the President has declared a major disaster in accordance with , the Secretary may carry out a watershed assessment to identify, to the maximum extent practicable, specific flood risk reduction, hurricane and storm damage reduction, ecosystem restoration, or navigation project recommendations that will help to rehabilitate and improve the resiliency of damaged infrastructure and natural resources to reduce risks to human life and property from future natural disasters.

(2)

Existing projects

1 So in original. Probably should be preceded by “under”.

A watershed assessment carried out paragraph  (1) may identify existing projects being carried out under 1 or more of the authorities referred to in subsection (b)(1).

(3)

Duplicate watershed assessments

In carrying out a watershed assessment under paragraph (1), the Secretary shall use all existing watershed assessments and related information developed by the Secretary or other Federal, State, or local entities.

(b)

Projects

(1)

In general

The Secretary may carry out projects identified under a watershed assessment under subsection (a) in accordance with the criteria for projects carried out under one of the following authorities:

(A)

33 U.S.C. 701s Section 205 of the Flood Control Act of 1948 ().

(B)

33 U.S.C. 426i Section 111 of the River and Harbor Act of 1968 ().

(C)

33 U.S.C. 2330 Section 206 of the Water Resources Development Act of 1996 ().

(D)

33 U.S.C. 2309a Section 1135 of the Water Resources Development Act of 1986 ().

(E)

33 U.S.C. 577 Section 107 of the River and Harbor Act of 1960 ().

(F)

Section 3 of the Act of August 13, 1946 33 U.S.C. 426g ().

(2)

Annual plan

section 2282d of this titleFor each project that does not meet the criteria under paragraph (1), the Secretary shall include a recommendation relating to the project in the annual report submitted to Congress by the Secretary in accordance with .

(3)

Existing projects

In carrying out a project under paragraph (1), the Secretary shall—

(A)

to the maximum extent practicable, use all existing information and studies available for the project; and

(B)

not require any element of a study completed for the project prior to the disaster to be repeated.

(c)

Requirements

All requirements applicable to a project under the Acts described in subsection (b) shall apply to the project.

(d)

Limitations on assessments

A watershed assessment under subsection (a) shall be initiated not later than 2 years after the date on which the major disaster declaration is issued.

(e)

Assessments in territories of the United States

(1)

In general

October 23, 2018For any major disaster declared in a territory of the United States before , all activities in the territory carried out or undertaken pursuant to the authorities described in this section shall be conducted at full Federal expense unless the President determines that the territory has the ability to pay the cost share for an assessment under this section without the use of loans.

(2)

Territory defined

section 2310(a)(1) of this titleIn this subsection, the term “territory of the United States” means an insular area specified in .

Pub. L. 113–121, title III, § 3025June 10, 2014128 Stat. 1303 Pub. L. 115–270, title I, § 1139Oct. 23, 2018132 Stat. 3784(, , ; , , .)

Editorial Notes

References in Text

act June 30, 1948, ch. 771, title II 62 Stat. 1175The Flood Control Act of 1948, referred to in subsecs. (b)(1)(A) and (c), is , . For complete classification of this Act to the Code, see Tables.

Pub. L. 90–483, title IAug. 13, 196882 Stat. 731The River and Harbor Act of 1968, referred to in subsecs. (b)(1)(B) and (c), is , , . For complete classification of this Act to the Code, see Tables.

Pub. L. 104–303Oct. 12, 1996110 Stat. 3658 section 2201 of this titleThe Water Resources Development Act of 1996, referred to in subsecs. (b)(1)(C) and (c), is , , . For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under and Tables.

Pub. L. 99–662Nov. 17, 1986100 Stat. 4082 section 2201 of this titleThe Water Resources Development Act of 1986, referred to in subsecs. (b)(1)(D) and (c), is , , . For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 86–645, title IJuly 14, 196074 Stat. 480The River and Harbor Act of 1960, referred to in subsecs. (b)(1)(E) and (c), is , , . For complete classification of this Act to the Code, see Tables.

August 13, 1946act Aug. 13, 1946, ch. 960 60 Stat. 1056The Act of , referred to in subsecs. (b)(1)(F) and (c), is , . For complete classification of this Act to the Code, see Tables.

Codification

Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

Pub. L. 115–2702018—Subsec. (e). added subsec. (e).

Statutory Notes and Related Subsidiaries

“Secretary” Defined

section 2 of Pub. L. 113–121 section 2201 of this titleSecretary means the Secretary of the Army, see , set out as a note under .