33 U.S.C. § 2289b (NAVIGATION AND NAVIGABLE WATERS)
§ 2289b. Stormwater management projects
(a) In general
The Secretary shall establish a program to carry out studies and projects to control, retain, and reuse stormwater associated with flood control efforts, in partnership with non-Federal interests.
(b) Requirements
(1) Prioritization
In carrying out this section, the Secretary shall prioritize studies and projects that improve urban flood control efforts, including through the management of stormwater that flows at a rate of less than 800 cubic feet per second for the 10-percent flood.
(2) Use of natural and nature-based features
In carrying out a project under this section, the Secretary shall, to the maximum extent practicable, seek to incorporate natural features and nature-based features (as those terms are defined in section 2289a(a) of this title).
(3) Consideration
In carrying out a project under this section, the Secretary shall, where appropriate, maximize the use of features for the reclamation, recycling, and reuse of flood water and stormwater associated with the project.
(4) Items provided by non-Federal interest
(A) In general
The non-Federal interest for a project carried out under this section shall provide all land, easements, rights-of-way, and relocations necessary for the project.
(B) Credit
The value of the land, easements, rights-of-way, and relocations provided under subparagraph (A) shall be credited toward the non-Federal share of the cost of the project.
(5) Agreements
Construction of a project under this section shall be initiated only after a non-Federal interest has entered into a binding agreement with the Secretary to pay—
(A) the non-Federal share of the costs of construction required under this section; and
(B) 100 percent of any operation, maintenance, replacement, and rehabilitation costs associated with the project, in accordance with regulations prescribed by the Secretary.
(c) Cost-share
(1) Study
Subject to paragraph (3), the Federal share of the cost of a study carried out under this section shall be 50 percent, except that the first $100,000 of the cost of the study shall be at Federal expense.
(2) Construction
Subject to paragraph (3), the non-Federal share of the cost of a project carried out under this section shall be 35 percent.
(3) Limitation
The total Federal amount expended for a study or project under this section shall be not more than $10,000,000.
(d) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each fiscal year.
(Pub. L. 118–272, div. A, title I, § 1108, Jan. 4, 2025, 138 Stat. 3006.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 2024, and also as part of the Thomas R. Carper Water Resources Development Act of 2024, 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 1002 of div. A of Pub. L. 118–272, set out as a note under section 2201 of this title.