42 U.S.C. § 1962d–16 (THE PUBLIC HEALTH AND WELFARE)
§ 1962d–16. Comprehensive plans for development, utilization, and conservation of water and related resources
(a) Federal State cooperation
(1) Comprehensive plans
The Secretary of the Army, acting through the Chief of Engineers, is authorized to cooperate with any State, group of States, non-Federal interest working with a State or group of States, local government, or regional coalition of governmental entities in the preparation of comprehensive plans for the development, utilization, and conservation of the water and related resources of drainage basins, watersheds, or ecosystems located within the boundaries of such State, interest, local government, or entity, including plans to comprehensively address water resources challenges, and to submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out such plans.
(2) Technical assistance
(A) In general
At the request of a governmental agency or non-Federal interest, the Secretary may provide technical assistance to such agency or non-Federal interest in managing water resources.
(B) Types of assistance
Technical assistance under this paragraph may include provision and integration of hydrologic, economic, and environmental data and analyses.
(3) Institution of higher education
Notwithstanding section 4141 of title 10, in carrying out this subsection, the Secretary may work with an institution of higher education, as determined appropriate by the Secretary.
(4) Prioritization
To the maximum extent practicable, the Secretary shall prioritize the provision of assistance under this subsection to address both inland and coastal life safety risks.
(b) Fees
(1) Establishment and collection
For the purpose of recovering 50 percent of the total cost of providing assistance pursuant to subsection (a), the Secretary of the Army is authorized to establish appropriate fees, as determined by the Secretary, and to collect such fees from States and other non-Federal public bodies to whom assistance is provided under subsection (a).
(2) Contributed funds
The Secretary may accept and expend funds in excess of the fees established under paragraph (1) that are provided by a State or other non-Federal interest for assistance under this section.
(3) In-kind services
The non-Federal contribution for preparation of a plan subject to the cost sharing program under this subsection may be made by the provision of services, materials, supplies, or other in-kind services necessary to prepare the plan.
(4) Deposit and use
Fees collected under this subsection shall be deposited into the account in the Treasury of the United States entitled, “Contributions and Advances, Rivers and Harbors, Corps of Engineers (8862)” and shall be available until expended to carry out this section.
(c) Authorization of appropriations
(1) Federal and State cooperation
There is authorized to be appropriated not to exceed $30,000,000 annually to carry out subsection (a)(1), except that not more than $5,000,000 in Federal funds shall be expended in any one year in any one State. The Secretary may allow 2 or more States to combine all or a portion of the funds that the Secretary makes available to the States in carrying out subsection (a)(1).
(2) Technical assistance
There is authorized to be appropriated $30,000,000 annually to carry out subsection (a)(2), of which not more than $2,000,000 annually may be used by the Secretary to enter into cooperative agreements with nonprofit organizations to provide assistance to rural and small communities.
(d) Annual submission of proposed activities
Concurrent with the President’s submission to Congress of the President’s request for appropriations for the Civil Works Program for a fiscal year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the individual activities proposed for funding under subsection (a)(1) for that fiscal year.
(e) “State” defined
For the purposes of this section, the term “State” means the several States of the United States, Indian tribes, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas, and the Trust Territory of the Pacific Islands.
(f) Special rule
(1) Tribes and territories
The cost-share for assistance under this section provided to Indian tribes, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas, and the Trust Territory of the Pacific Islands shall be as provided under section 2310 of title 33.
(2) Economically disadvantaged communities
Notwithstanding subsection (b)(1) and the limitation in section 2310 of title 33, as applicable pursuant to paragraph (1) of this subsection, the Secretary is authorized to waive the collection of fees for any local government to which assistance is provided under subsection (a) that the Secretary determines is an economically disadvantaged community, as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note) (including economically disadvantaged communities located in urban and rural areas).
(Pub. L. 93–251, title I, § 22, Mar. 7, 1974, 88 Stat. 20; Pub. L. 94–587, § 168, Oct. 22, 1976, 90 Stat. 2936; Pub. L. 96–597, title VI, § 605, Dec. 24, 1980, 94 Stat. 3482; Pub. L. 99–662, title IX, § 921, Nov. 17, 1986, 100 Stat. 4194; Pub. L. 101–640, title III, § 319, Nov. 28, 1990, 104 Stat. 4642; Pub. L. 102–580, title II, § 208, Oct. 31, 1992, 106 Stat. 4829; Pub. L. 104–303, title II, § 221, Oct. 12, 1996, 110 Stat. 3697; Pub. L. 110–114, title II, § 2013, Nov. 8, 2007, 121 Stat. 1075; Pub. L. 113–121, title III, § 3015, June 10, 2014, 128 Stat. 1288; Pub. L. 114–322, title I, §§ 1128, 1129, Dec. 16, 2016, 130 Stat. 1649; Pub. L. 115–270, title I, § 1159, Oct. 23, 2018, 132 Stat. 3795; Pub. L. 117–263, div. H, title LXXXI, § 8119(a), Dec. 23, 2022, 136 Stat. 3711.)
heading: Editorial Notes
heading: References in Text
text: Section 160 of the Water Resources Development Act of 2020, referred to in subsec. (f)(2), is section 160 of Pub. L. 116–260, div. AA, title I, Dec. 27, 2020, 134 Stat. 2665, which is set out as a note under section 2201 of Title 33, Navigation and Navigable Waters.
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 1974, and not as part of the Water Resources Planning Act which comprises this chapter.
heading: Amendments
text: 2022—Subsec. (a)(1). Pub. L. 117–263, § 8119(a)(1)(A), inserted “local government,” after “State or group of States,” and after “such State, interest,”.
Subsec. (a)(3). Pub. L. 117–263, § 8119(a)(1)(B), substituted “section 4141 of title 10” for “section 236 of title 10”.
Subsec. (a)(4). Pub. L. 117–263, § 8119(a)(1)(C), added par. (4).
Subsec. (c)(2). Pub. L. 117–263, § 8119(a)(2), substituted “$30,000,000” for “$15,000,000”.
Subsec. (f). Pub. L. 117–263, § 8119(a)(3), designated existing provisions as par. (1), inserted heading, and added par. (2).
2018—Subsec. (a)(1). Pub. L. 115–270, § 1159(1), amended par. (1) generally. Prior to amendment, text read as follows: “The Secretary of the Army, acting through the Chief of Engineers, is authorized to cooperate with any State, group of States, or non-Federal interest working with a State or group of States in the preparation of comprehensive plans for the development, utilization, and conservation of the water and related resources of drainage basins, watersheds, or ecosystems located within the boundaries of such State or group of States, including plans to comprehensively address water resources challenges, and to submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out such plans.”
Subsec. (a)(3). Pub. L. 115–270, § 1159(2), added par. (3).
2016—Subsec. (a)(1). Pub. L. 114–322, § 1128(1), substituted “, group of States, or non-Federal interest” for “or other non-Federal interest” and inserted “or group of States” after “working with a State” and after “boundaries of such State”.
Subsec. (c)(1). Pub. L. 114–322, § 1128(2), inserted at end “The Secretary may allow 2 or more States to combine all or a portion of the funds that the Secretary makes available to the States in carrying out subsection (a)(1).”
Subsec. (f). Pub. L. 114–322, § 1129, added subsec. (f).
2014—Subsec. (a)(1). Pub. L. 113–121, § 3015(1)(A), inserted “or other non-Federal interest working with a State” after “cooperate with any State” and “, including plans to comprehensively address water resources challenges,” after “of such State”.
Subsec. (a)(2)(A). Pub. L. 113–121, § 3015(1)(B), struck out “, at Federal expense,” after “provide”.
Subsec. (b)(1). Pub. L. 113–121, § 3015(2)(A), substituted “subsection (a)” for “subsection (a)(1)” in two places.
Subsec. (b)(2) to (4). Pub. L. 113–121, § 3015(2)(B), (C), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
Subsec. (c)(1). Pub. L. 113–121, § 3015(3)(A), substituted “$30,000,000” for “$10,000,000” and “$5,000,000 in Federal funds” for “$2,000,000”.
Subsec. (c)(2). Pub. L. 113–121, § 3015(3)(B), substituted “$15,000,000” for “$5,000,000”.
2007—Subsec. (a). Pub. L. 110–114, § 2013(1), (2), designated existing provisions as par. (1), inserted headings for subsec. (a) and par. (1), and added par. (2).
Subsec. (b)(1). Pub. L. 110–114, § 2013(3), substituted “subsection (a)(1)” for “this section” in two places.
Subsec. (b)(2). Pub. L. 110–114, § 2013(4), substituted “The” for “Up to ½ of the”.
Subsec. (c). Pub. L. 110–114, § 2013(5)–(7), designated existing provisions as par. (1), inserted headings for subsec. (c) and par. (1), substituted “subsection (a)(1),” for “the provisions of this section” and “$2,000,000” for “$500,000” in par. (1), and added par. (2).
Subsecs. (d), (e). Pub. L. 110–114, § 2013(8), (9), added subsec. (d) and redesignated former subsec. (d) as (e).
1996—Subsec. (a). Pub. L. 104–303, § 221(1), inserted “, watersheds, or ecosystems” after “basins”.
Subsec. (b)(2) to (4). Pub. L. 104–303, § 221(2), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out heading and text of former par. (2). Text read as follows: “The Secretary shall phase in the cost sharing program under this subsection by recovering—
“(A) approximately 10 percent of the total cost of providing assistance in fiscal year 1991;
“(B) approximately 30 percent of the total cost in fiscal year 1992; and
“(C) approximately 50 percent of the total cost in fiscal year 1993 and each succeeding fiscal year.”
Subsec. (c). Pub. L. 104–303, § 221(3), substituted “$10,000,000” for “$6,000,000” and “$500,000” for “$300,000”.
1992—Subsec. (b)(3), (4). Pub. L. 102–580, § 208(1), added par. (3) and redesignated former par. (3) as (4).
Subsec. (d). Pub. L. 102–580, § 208(2), inserted “Indian tribes,” after “States of the United States,”.
1990—Subsecs. (b) to (d). Pub. L. 101–640 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
1986—Subsec. (b). Pub. L. 99–662 substituted “$6,000,000” for “$4,000,000” and “$300,000” for “$200,000”.
1980—Subsec. (c). Pub. L. 96–597 added subsec. (c).
1976—Subsec. (b). Pub. L. 94–587 increased limitation on annual appropriation authorization to $4,000,000 from $2,000,000.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1980 Amendment
text: Pub. L. 96–597, title VI, § 605, Dec. 24, 1980, 94 Stat. 3482, provided that the amendment made by that section is effective Oct. 1, 1981.
heading: Planning Assistance to States
text: Pub. L. 116–260, div. AA, title I, § 156, Dec. 27, 2020, 134 Stat. 2661, provided that: “In carrying out section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16), the Secretary [of the Army] shall provide equal priority for all mission areas of the Corps of Engineers, including water supply and water conservation.”
heading: Executive Documents
heading: Termination of Trust Territory of the Pacific Islands
text: For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.