33 U.S.C. § 2223 — Transfer of excess credit
submitted 12 years ago by Pub. L. 113-121 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 661 words · no verdicts yet
The Secretary may transfer verified excess in-kind credit between water-resources studies and projects under stated conditions.
(a) Credit. (1) Subject to subsection (b), the Secretary may apply excess credit for a non-Federal party’s in-kind contributions toward that party’s required share of another water-resources study or project. (2) On request, verified credit may be applied before the first study or project is complete. (3) For a project with several non-Federal parties, credit may be applied to another project of any participating party if all agree in writing.
(b) Restrictions. (1) Except for the stated provision, 42 U.S.C. § 1962d–5b applies. (2) Excess credit is allowed only if the party submits and the Secretary approves a comprehensive plan identifying the excess contributions and the authorized projects receiving the credit, and total credit does not exceed the total non-Federal share in that plan. (3) The Secretary may approve credit before every receiving project is identified if the party agrees to submit an approved plan amendment identifying each project before its cost-sharing or partnership agreement is executed.
(c) Criteria. The Secretary must consider whether the transfer would speed projects, reduce Federal costs, or help a project with major flood-risk-reduction or environmental benefits.
(d) Termination. This authority ends December 31, 2030.
(e) Reports. Within two years after June 10, 2014, and every two years afterward, the Secretary must submit and publish an interim report. By December 31, 2030, the Secretary must submit and publish a final report. Each must describe use during the period and assess effects on project-completion time and other water-resources projects.
Subject to subsection (b), the Secretary may apply credit for in-kind contributions provided by a non-Federal interest that are in excess of the required non-Federal cost share for a water resources development study or project toward the required non-Federal cost share for a different water resources development study or project.
On request of a non-Federal interest, the credit described in paragraph (1) may be applied prior to completion of a study or project, if the credit amount is verified by the Secretary.
A credit described in paragraph (1) for a study or project with multiple non-Federal interests may be applied to the required non-Federal cost share for a study or project of any such non-Federal interest, if each such non-Federal interest agrees in writing to such application.
Except for subsection (a)(4)(D)(i) of that section, the requirements of section 1962d–5b of title 42 (as amended by section 1018(a)) shall apply to any credit under this section.
Credit in excess of the non-Federal share for a study or project may be approved under this section only if—
the non-Federal interest submits a comprehensive plan to the Secretary that identifies—
the studies and projects for which the non-Federal interest intends to provide in-kind contributions for credit that are in excess of the non-Federal cost share for the study or project; and
the authorized studies and projects to which that excess credit would be applied;
the Secretary approves the comprehensive plan; and
the total amount of credit does not exceed the total non-Federal share for the studies and projects in the approved comprehensive plan.
Notwithstanding paragraph (2)(A)(ii), the Secretary may approve credit in excess of the non-Federal share for a study or project prior to the identification of each authorized study or project to which the excess credit will be applied, subject to the condition that the non-Federal interest agrees to submit for approval by the Secretary an amendment to the comprehensive plan prepared under paragraph (2) that identifies each authorized study or project in advance of execution of the feasibility cost-sharing agreement or project partnership agreement for that authorized study or project.
In evaluating a request to apply credit in excess of the non-Federal share for a study or project toward a different study or project, the Secretary shall consider whether applying that credit will—
help to expedite the completion of a project or group of projects;
reduce costs to the Federal Government; and
aid the completion of a project that provides significant flood risk reduction or environmental benefits.
The authority provided in this section shall terminate on December 31, 2030.
Not later than 2 years after June 10, 2014, and once every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available an interim report on the use of the authority under this section.
Not later than December 31, 2030, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a final report on the use of the authority under this section.
The reports described in paragraph (1) shall include—
a description of the use of the authority under this section during the reporting period;
an assessment of the impact of the authority under this section on the time required to complete projects; and
an assessment of the impact of the authority under this section on other water resources projects.
Source credit: (Pub. L. 113–121, title I, § 1020, June 10, 2014, 128 Stat. 1227; Pub. L. 114–322, title I, § 1166, Dec. 16, 2016, 130 Stat. 1670; Pub. L. 117–263, div. H, title LXXXI, § 8383, Dec. 23, 2022, 136 Stat. 3829; Pub. L. 118–272, div. A, title III, § 1303(g), Jan. 4, 2025, 138 Stat. 3114.)
- 2014Enacted · Pub. L. 113-121 · 128 Stat. 1227
- 2016Amended · Pub. L. 114-322 · 130 Stat. 1670
- 2022Amended · Pub. L. 117-263 · 136 Stat. 3829
- 2025Amended · Pub. L. 118-272 · 138 Stat. 3114
A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-121 on 2014-06-10.
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