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33 U.S.C. § 2267b — Post-disaster watershed assessments

submitted 12 years ago by Pub. L. 113-121 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 522 words · no verdicts yet

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This section authorizes the Secretary to conduct watershed assessments in areas where the President has declared a major disaster. It also sets rules for projects identified by those assessments, including rules for existing projects and for assessments in United States territories.

(a) Watershed assessments
(1) In general In an area where the President has declared a major disaster under section 5170 of title 42, the Secretary may conduct a watershed assessment. The assessment must identify, to the maximum extent practicable, specific recommendations for flood-risk reduction, hurricane and storm-damage reduction, ecosystem restoration, or navigation projects. The recommendations must help repair and improve the ability of damaged infrastructure and natural resources to withstand future natural disasters, reducing risks to human life and property.
(2) Existing projects A watershed assessment carried out under paragraph (1) may identify existing projects being carried out under one or more of the authorities referred to in subsection (b)(1).
(3) Duplicate watershed assessments When carrying out a watershed assessment under paragraph (1), the Secretary must use all existing watershed assessments and related information developed by the Secretary or by other Federal, State, or local entities.

(b) Projects
(1) In general The Secretary may carry out projects identified by a watershed assessment under subsection (a). The projects must meet the criteria for projects carried out under one of these authorities:
(A) Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
(B) Section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i).
(C) Section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330).
(D) Section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a).
(E) Section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577).
(F) Section 3 of the Act of August 13, 1946 (33 U.S.C. 426g).
(2) Annual plan For each project that does not meet the criteria under paragraph (1), the Secretary must include a recommendation about the project in the Secretary's annual report to Congress under section 2282d of this title.
(3) Existing projects When carrying out a project under paragraph (1), the Secretary must— (A) use, to the maximum extent practicable, all existing information and studies available for the project; and (B) not require any part of a study completed for the project before the disaster to be repeated.

(c) Requirements All requirements that apply to a project under the Acts described in subsection (b) apply to the project.

(d) Limitations on assessments A watershed assessment under subsection (a) must be started no later than 2 years after the date the major-disaster declaration is issued.

(e) Assessments in territories of the United States
(1) In general For any major disaster declared in a territory of the United States before October 23, 2018, all activities in the territory carried out or undertaken under the authorities described in this section must be conducted at full Federal expense. This rule does not apply if the President determines that the territory can pay the cost share for an assessment under this section without using loans.
(2) Territory defined In this subsection, the term “territory of the United States” means an insular area specified in section 2310(a)(1) of this title. This section does not define that term further.

the actual law source: uscode.house.gov ↗public domain
(a) Watershed assessments
(1) In general

In an area that the President has declared a major disaster in accordance with section 5170 of title 42, the Secretary may carry out a watershed assessment to identify, to the maximum extent practicable, specific flood risk reduction, hurricane and storm damage reduction, ecosystem restoration, or navigation project recommendations that will help to rehabilitate and improve the resiliency of damaged infrastructure and natural resources to reduce risks to human life and property from future natural disasters.

(2) Existing projects

A watershed assessment carried out paragraph 1 (1) may identify existing projects being carried out under 1 or more of the authorities referred to in subsection (b)(1).

(3) Duplicate watershed assessments

In carrying out a watershed assessment under paragraph (1), the Secretary shall use all existing watershed assessments and related information developed by the Secretary or other Federal, State, or local entities.

(b) Projects
(1) In general

The Secretary may carry out projects identified under a watershed assessment under subsection (a) in accordance with the criteria for projects carried out under one of the following authorities:

(A)

Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).

(B)

Section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i).

(C)

Section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330).

(D)

Section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a).

(E)

Section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577).

(F)

Section 3 of the Act of August 13, 1946 (33 U.S.C. 426g).

(2) Annual plan

For each project that does not meet the criteria under paragraph (1), the Secretary shall include a recommendation relating to the project in the annual report submitted to Congress by the Secretary in accordance with section 2282d of this title.

(3) Existing projects

In carrying out a project under paragraph (1), the Secretary shall—

(A)

to the maximum extent practicable, use all existing information and studies available for the project; and

(B)

not require any element of a study completed for the project prior to the disaster to be repeated.

(c) Requirements

All requirements applicable to a project under the Acts described in subsection (b) shall apply to the project.

(d) Limitations on assessments

A watershed assessment under subsection (a) shall be initiated not later than 2 years after the date on which the major disaster declaration is issued.

(e) Assessments in territories of the United States
(1) In general

For any major disaster declared in a territory of the United States before October 23, 2018, all activities in the territory carried out or undertaken pursuant to the authorities described in this section shall be conducted at full Federal expense unless the President determines that the territory has the ability to pay the cost share for an assessment under this section without the use of loans.

(2) Territory defined

In this subsection, the term “territory of the United States” means an insular area specified in section 2310(a)(1) of this title.

Source credit: (Pub. L. 113–121, title III, § 3025, June 10, 2014, 128 Stat. 1303; Pub. L. 115–270, title I, § 1139, Oct. 23, 2018, 132 Stat. 3784.)

history & why it existsrecord from the source credit
  • 2014Enacted · Pub. L. 113-121 · 128 Stat. 1303
  • 2018Amended · Pub. L. 115-270 · 132 Stat. 3784

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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