### §701n–3. Permanent measures to reduce emergency flood fighting needs for communities subject to repetitive flooding

#### (a) Definitions

In this section:

#### (1) Affected community

The term "affected community" means a legally constituted public body (as that term is used in section 1962d–5b(b) of title 42)—

(A) with jurisdiction over an area that has been subject to flooding in two or more events in any 10-year period; and

(B) that has received emergency flood-fighting assistance, including construction of temporary barriers by the Secretary, under section 701n of this title with respect to such flood events.

#### (2) Natural feature; nature-based feature

The terms "natural feature" and "nature-based feature" have the meanings given those terms in section 2289a of this title.

#### (b) Program

#### (1) In general

The Secretary is authorized to carry out a program to study, design, and construct water resources development projects through measures involving, among other things, strengthening, raising, extending, realigning, or otherwise modifying existing flood control works, designing new works, and incorporating natural features, nature-based features, or nonstructural features, as appropriate to provide flood and coastal storm risk management to affected communities.

#### (2) Considerations

In carrying out paragraph (1), the Secretary shall, to the maximum extent practical, review and, where appropriate, incorporate natural features or nature-based features, or a combination of such features and nonstructural features, that avoid or reduce at least 50 percent of flood or storm damages in one or more of the alternatives included in the final alternatives evaluated.

#### (3) Construction

#### (A) In general

The Secretary may carry out a project described in paragraph (1) without further congressional authorization if—

(i) the Secretary determines that the project—

(I) is advisable to reduce the risk of flooding for an affected community; and

(II) produces benefits that are in excess of the estimated costs; and

(ii) the Federal share of the cost of the construction does not exceed $17,500,000.

#### (B) Specific authorization

If the Federal share of the cost of a project described in paragraph (1) exceeds $17,500,000, the Secretary shall submit the project recommendation to Congress for authorization prior to construction, and shall include the project recommendation in the next annual report submitted under section 2282d of this title.

#### (C) Financing

#### (i) Contributions

If, based on a study carried out pursuant to paragraph (1), the Secretary determines that a project described in paragraph (1) will not produce benefits greater than cost, the Secretary shall allow the affected community to pay, or provide contributions equal to, an amount sufficient to make the remaining costs of design and construction of the project equal to the estimated value of the benefits of the project.

#### (ii) Effect on non-Federal share

Amounts provided by an affected community under clause (i) shall be in addition to any payments or contributions the affected community is required to provide toward the remaining costs of design and construction of the project under section 2213 of this title.

#### (4) Ability to pay

#### (A) In general

Any cost-sharing agreement for a project entered into pursuant to this section shall be subject to the ability of the affected community to pay.

#### (B) Determination

The ability of any affected community to pay shall be determined by the Secretary in accordance with procedures established by the Secretary.

#### (C) Effect of reduction

Any reduction in the non-Federal share of the cost of a project described in paragraph (1) as a result of a determination under this paragraph shall not be included in the Federal share for purposes of subparagraphs (A) and (B) of paragraph (3).

(Pub. L. 116–260, div. AA, title I, §119, Dec. 27, 2020, 134 Stat. 2632.)

#### **Statutory Notes and Related Subsidiaries**

#### "Secretary" Defined

Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.