33 U.S.C. § 2332 - Flood mitigation and riverine restoration program

33 USC 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;
(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;
(28) Clear Creek, Harris, Galveston, and Brazoria Counties, Texas;
(29) Ascension Parish, Louisiana;
(30) East Baton Rouge Parish, Louisiana;
(31) Iberville Parish, Louisiana;
(32) Livingston Parish, Louisiana; and
(33) Pointe Coupee Parish, Louisiana.
(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 $20,000,000.
(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.

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