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33 U.S.C. § 2289b

Title 33 Chapter 36 Current through PL 119-73 Last updated: March 29, 2026 View on OLRC →
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§ 2289b. Stormwater management projects

  • (a) 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)
    • (1) 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) 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) 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)
      • (A) 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) 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) 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)
    • (1) 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) Subject to paragraph (3), the non-Federal share of the cost of a project carried out under this section shall be 35 percent.
    • (3) The total Federal amount expended for a study or project under this section shall be not more than $10,000,000.
  • (d) There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each fiscal year.

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