33 U.S.C. § 701n–3 — Permanent measures to reduce emergency flood fighting needs for communities subject to repetitive flooding

(a) “Affected community” means a legally constituted public body, as used in section 1962d–5b(b), with jurisdiction over an area flooded at least twice in a 10-year period and that received section 701n emergency flood-fighting help for those floods, including temporary barriers. “Natural feature” and “nature-based feature” have the meanings in section 2289a; this section does not define them. (b)(1) The Secretary may study, design, and build water-resources projects for affected communities using stronger, higher, longer, moved, or otherwise changed flood works; new works; and natural, nature-based, or nonstructural features, as appropriate, for flood and coastal-storm risk management. (2) To the maximum practical extent, the Secretary must review and, when appropriate, include natural or nature-based features, alone or with nonstructural features, that avoid or reduce at least 50 percent of flood or storm damage in one or more final alternatives. (3)(A) The Secretary may build such a project without further congressional authorization if it is advisable to reduce the community’s flood risk, its benefits exceed estimated costs, and the Federal construction share is no more than $17,500,000. (B) Above that amount, the Secretary must submit the recommendation to Congress before construction and include it in the next annual report under section 2282d. (C)(i) If benefits do not exceed costs, the Secretary must allow the community to pay or contribute enough to make remaining design and construction costs equal the estimated benefits. (ii) That contribution is in addition to payments required under section 2213. (4) Any cost-sharing agreement is subject to the community’s ability to pay. The Secretary decides ability to pay under established procedures. A reduction in the non-Federal share based on that decision is not counted as part of the Federal share for paragraph (3)(A) or (B).