33 U.S.C. § 2332 : US Code - Section 2332: Flood mitigation and riverine restoration program

Search 33 U.S.C. § 2332 : US Code - Section 2332: Flood mitigation and riverine restoration program

(a) In general
The Secretary may undertake a program for the purpose of
conducting projects to reduce flood hazards and restore the natural
functions and values of rivers throughout the United States.
(b) Studies and projects
(1) Authority
In carrying out the program, the Secretary may conduct studies
to identify appropriate flood damage reduction, conservation, and
restoration measures and may design and implement projects
described in subsection (a) of this section.
(2) Consultation and coordination
The studies and projects carried out under this section shall
be conducted, to the maximum extent practicable, in consultation
and coordination with the Federal Emergency Management Agency and
other appropriate Federal agencies, and in consultation and
coordination with appropriate State and local agencies and
tribes.
(3) Nonstructural approaches
The studies and projects shall emphasize, to the maximum extent
practicable and appropriate, nonstructural approaches to
preventing or reducing flood damages.
(4) Participation
The studies and projects shall be conducted, to the maximum
extent practicable, in cooperation with State and local agencies
and tribes to ensure the coordination of local flood damage
reduction or riverine and wetland restoration studies with
projects that conserve, restore, and manage hydrologic and
hydraulic regimes and restore the natural functions and values of
floodplains.
(c) Cost-sharing requirements
(1) Studies
Studies conducted under this section shall be subject to cost
sharing in accordance with section 2215 of this title.
(2) Environmental restoration and nonstructural flood control
projects
(A) In general
The non-Federal interests shall pay 35 percent of the cost of
any environmental restoration or nonstructural flood control
project carried out under this section.
(B) Items provided by non-Federal interests
The non-Federal interests shall provide all land, easements,
rights-of-way, dredged material disposal areas, and relocations
necessary for such projects.
(C) Credit
The value of such land, easements, rights-of-way, dredged
material disposal areas, and relocations shall be credited
toward the payment required under this paragraph.
(3) Structural flood control projects
Any structural flood control projects carried out under this
section shall be subject to cost sharing in accordance with
section 2213(a) of this title.
(4) Operation and maintenance
The non-Federal interests shall be responsible for all costs
associated with operating, maintaining, replacing, repairing, and
rehabilitating all projects carried out under this section.
(d) Project justification
(1) In general
Notwithstanding any other provision of law or requirement for
economic justification established under section 1962-2 of title
42, the Secretary may implement a project under this section if
the Secretary determines that the project -
(A) will significantly reduce potential flood damages;
(B) will improve the quality of the environment; and
(C) is justified considering all costs and beneficial outputs
of the project.
(2) Establishment of selection and rating criteria and policies
(A) In general
Not later than 180 days after August 17, 1999, the Secretary,
in cooperation with State and local agencies and tribes, shall -

(i) develop, and submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate,
criteria for selecting and rating projects to be carried out
under this section; and
(ii) establish policies and procedures for carrying out the
studies and projects undertaken under this section.
(B) Criteria
The criteria referred to in subparagraph (A)(i) shall
include, as a priority, the extent to which the appropriate
State government supports the project.
(e) Priority areas
In carrying out this section, the Secretary shall examine
appropriate locations, including -
(1) Pima County, Arizona, at Paseo De Las Iglesias and Rillito
River;
(2) Coachella Valley, Riverside County, California;
(3) Los Angeles and San Gabriel Rivers, California;
(4) Murrieta Creek, California;
(5) Napa River Valley watershed, California, at Yountville, St.
Helena, Calistoga, and American Canyon;
(6) Santa Clara basin, California, at Upper Guadalupe River and
Tributaries, San Francisquito Creek, and Upper Penitencia Creek;
(7) Pond Creek, Kentucky;
(8) Red River of the North, Minnesota, North Dakota, and South
Dakota;
(9) Connecticut River, New Hampshire;
(10) Pine Mount Creek, New Jersey;
(11) Southwest Valley, Albuquerque, New Mexico;
(12) Upper Delaware River, New York;
(13) Briar Creek, North Carolina;
(14) Chagrin River, Ohio;
(15) Mill Creek, Cincinnati, Ohio;
(16) Tillamook County, Oregon;
(17) Willamette River basin, Oregon;
(18) Blair County, Pennsylvania, at Altoona and Frankstown
Township;
(19) Delaware River, Pennsylvania;
(20) Schuylkill River, Pennsylvania;
(21) Providence County, Rhode Island;
(22) Shenandoah River, Virginia;
(23) Lincoln Creek, Wisconsin; and (!1)
(24) Perry Creek, Iowa;
(25) Lester, St. Louis, East Savanna, and Floodwood Rivers,
Duluth, Minnesota;
(26) Lower Hudson River and tributaries, New York;
(27) Susquehanna River watershed, Bradford County,
Pennsylvania; and
(28) Clear Creek, Harris, Galveston, and Brazoria Counties,
Texas.
(f) Program review
(1) In general
The program established under this section shall be subject to
an independent review to evaluate the efficacy of the program in
achieving the dual goals of flood hazard mitigation and riverine
restoration.
(2) Report
Not later than April 15, 2003, 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 on the findings of the review
conducted under this subsection with any recommendations
concerning continuation of the program.
(g) Maximum Federal cost per project
Not more than $30,000,000 may be expended by the United States on
any single project under this section.
(h) Procedure
(1) All projects
The Secretary shall not implement any project under this
section until -
(A) the Secretary submits to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a written
notification describing the project and the determinations made
under subsection (d)(1) of this section; and
(B) 21 calendar days have elapsed after the date on which the
notification was received by the committees.
(2) Projects exceeding $15,000,000
(A) Limitation on appropriations
No appropriation shall be made to construct any project under
this section the total Federal cost of construction of which
exceeds $15,000,000 if the project has not been approved by
resolutions adopted by the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate.
(B) Report
For the purpose of securing consideration of approval under
this paragraph, the Secretary shall submit a report on the
proposed project, including all relevant data and information
on all costs.
(i) Authorization of appropriations
(1) In general
There are authorized to be appropriated to carry out this
section -
(A) $20,000,000 for fiscal year 2001;
(B) $30,000,000 for fiscal year 2002; and
(C) $50,000,000 for each of fiscal years 2003 through 2005.
(2) Full funding
All studies and projects carried out under this section from
Army Civil Works appropriations shall be fully funded within the
program funding levels provided in this subsection.