33 U.S.C. § 2347c (NAVIGATION AND NAVIGABLE WATERS)
§ 2347c. Small water storage projects
(a) In general
The Secretary shall carry out a program to study and construct new, or enlarge existing, small water storage projects, in partnership with a non-Federal interest.
(b) Requirements
To be eligible to participate in the program under this section, a small water storage project shall—
(1) in the case of a new small water storage project, have a water storage capacity of not less than 2,000 acre-feet and not more than 30,000 acre-feet;
(2) in the case of an enlargement of an existing small water storage project, be for an enlargement of not less than 1,000 acre-feet and not more than 30,000 acre-feet;
(3) provide—
(A) flood risk management benefits;
(B) ecological benefits; or
(C) water management, water conservation, or water supply; and
(4) be—
(A) economically justified, environmentally acceptable, and technically feasible; or
(B) in the case of a project providing ecological benefits, cost-effective with respect to such benefits.
(c) Scope
In carrying out the program under this section, the Secretary shall give preference to a small water storage project located in a State with a population of less than 1,000,000.
(d) Expedited projects
For the 10-year period beginning on December 27, 2020, the Secretary shall expedite small water storage projects under this section for which applicable Federal permitting requirements have been completed.
(e) Use of data
In conducting a study under this section, to the maximum extent practicable, the Secretary shall—
(1) as the Secretary determines appropriate, consider and utilize any applicable hydrologic, economic, or environmental data that is prepared for a small water storage project under State law as the documentation, or part of the documentation, required to complete State water plans or other State planning documents relating to water resources management; and
(2) consider information developed by the non-Federal interest in relation to another study, to the extent the Secretary determines such information is applicable, appropriate, or otherwise authorized by law.
(f) Cost share
(1) Study
The Federal share of the cost of a study conducted under this section shall be—
(A) 100 percent for costs not to exceed $100,000; and
(B) 50 percent for any costs above $100,000.
(2) Construction
A small water storage project carried out under this section shall be subject to the cost-sharing requirements applicable to projects under section 2213 of this title, including—
(A) municipal and industrial water supply: 100 percent non-Federal;
(B) agricultural water supply: 35 percent non-Federal; and
(C) recreation, including recreational navigation: 50 percent of separable costs and, in the case of any harbor or inland harbor or channel project, 50 percent of joint and separable costs allocated to recreational navigation.
(g) OMRRR responsibility
The costs of operation, maintenance, repair, and replacement and rehabilitation for a small water storage project constructed under this section shall be the responsibility of the non-Federal interest.
(h) Individual project limit
Not more than $65,000,000 in Federal funds may be made available to a small water storage project under this section.
(i) Authorization of appropriations
There is authorized to be appropriated to carry out this section $130,000,000 annually through fiscal year 2030.
(Pub. L. 116–260, div. AA, title I, § 155, Dec. 27, 2020, 134 Stat. 2660.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: “Secretary” Defined
text: 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.