FEDERAL · 33 U.S.C. · Chapter 15
Small flood control projects; appropriations; amount limitation for single locality; conditions
33 U.S.C. § 701s
Title33 — Navigation and Navigable Waters
Chapter15 — FLOOD CONTROL
This text of 33 U.S.C. § 701s (Small flood control projects; appropriations; amount limitation for single locality; conditions) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
33 U.S.C. § 701s.
Text
The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter made for flood control, not to exceed $90,000,000 for any one fiscal year, for the implementation of small structural and nonstructural projects, and projects that use natural features or nature-based features (as those terms are defined in section 2289a(a) of this title), for flood control and related purposes not specifically authorized by Congress, which come within the provisions of section 701a of this title, when in the opinion of the Chief of Engineers such work is advisable. The amount allotted for a project shall be sufficient to complete Federal participation in the project. Not more than $15,000,000 shall be allotted under this section for a project at any single locality. The provis
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Related
Environmental Defense Fund, Inc. v. Robert F. Froehlke, Secretary of the Army
473 F.2d 346 (Eighth Circuit, 1972)
Jacques J. Creppel v. The United States Army Corps of Engineers
670 F.2d 564 (Fifth Circuit, 1982)
Oregon Natural Resources Council v. Harrell
52 F.3d 1499 (Ninth Circuit, 1995)
Snoqualmie Valley Preservation Alliance v. United States Army Corps of Engineers
683 F.3d 1155 (Ninth Circuit, 2012)
Rio Grande Silvery Minnow v. Keys
333 F.3d 1109 (Tenth Circuit, 2003)
Creppel v. United States Army Corps of Engineers
500 F. Supp. 1108 (E.D. Louisiana, 1980)
Rhoads v. Zirschky
(Fifth Circuit, 1997)
Source Credit
History
(June 30, 1948, ch. 771, title II, §205, 62 Stat. 1182; May 17, 1950, ch. 188, title II, §212, 64 Stat. 183; July 11, 1956, ch. 558, 70 Stat. 522; Pub. L. 87–874, title II, §205, Oct. 23, 1962, 76 Stat. 1194; Pub. L. 93–251, title I, §61, Mar. 7, 1974, 88 Stat. 29; Pub. L. 94–587, §133(b), Oct. 22, 1976, 90 Stat. 2928; Pub. L. 97–140, §2(a), Dec. 29, 1981, 95 Stat. 1717; Pub. L. 99–662, title IX, §915(a), Nov. 17, 1986, 100 Stat. 4191; Pub. L. 106–53, title II, §201, Aug. 17, 1999, 113 Stat. 285; Pub. L. 106–541, title II, §218, Dec. 11, 2000, 114 Stat. 2596; Pub. L. 110–114, title II, §2021, Nov. 8, 2007, 121 Stat. 1078; Pub. L. 113–121, title I, §1030(e), June 10, 2014, 128 Stat. 1232; Pub. L. 115–270, title I, §1157(e), Oct. 23, 2018, 132 Stat. 3794; Pub. L. 116–260, div. AA, title I, §114, Dec. 27, 2020, 134 Stat. 2627; Pub. L. 118–272, div. A, title I, §1107(j), Jan. 4, 2025, 138 Stat. 3005.)
Editorial Notes
Editorial Notes
Amendments
2025—Pub. L. 118–272 substituted "$90,000,000" for "$68,750,000" and "$15,000,000" for "$10,000,000".
2020—Pub. L. 116–260 inserted ", and projects that use natural features or nature-based features (as those terms are defined in section 2289a(a) of this title)," after "nonstructural projects".
2018—Pub. L. 115–270 substituted "$68,750,000" for "$55,000,000" in first sentence.
2014—Pub. L. 113–121 substituted "$10,000,000" for "$7,000,000" in third sentence.
2007—Pub. L. 110–114 substituted "$55,000,000" for "$50,000,000" in first sentence.
2000—Pub. L. 106–541 substituted "$50,000,000" for "$40,000,000" in first sentence.
1999—Pub. L. 106–53, in first sentence, substituted "implementation of small structural and nonstructural projects" for "construction of small projects" and, in third sentence, substituted "$7,000,000" for "$5,000,000".
1986—Pub. L. 99–662 substituted "$40,000,000" for "$30,000,000" and "$5,000,000" for "$4,000,000".
1981—Pub. L. 97–140 substituted "Not more than $4,000,000 shall be allotted under this section for a project at any single locality" for "Not more than $2,000,000 shall be allotted under this section for a project in any single locality, except that not more than $3,000,000 shall be allotted under this section for a project at a single locality if such project protects an area which has been declared to be a major disaster area pursuant to the Disaster Relief Act of 1966 or the Disaster Relief Act of 1970 in the five-year period immediately preceding the date the Chief of Engineers deems such work advisable".
1976—Pub. L. 94–587 increased limitation on allotment for a project at a single locality from $1,000,000 to $2,000,000 and for such a project protecting a major disaster area from $2,000,000 to $3,000,000.
1974—Pub. L. 93–251, in revising provisions, increased fiscal year allotment to $30,000,000 from $25,000,000 and required allotment of $2,000,000 for a project at a single locality if such locality protects an area declared to be a major-disaster area pursuant to Disaster Relief Act of 1966 or Disaster Relief Act of 1970 in five-year period immediately preceding the date the Chief of Engineers deems such work advisable.
1962—Pub. L. 87–874 substituted "$25,000,000" for "$10,000,000", "projects for flood control and related purposes" for "flood control projects", and provisions limiting the allotment for a single project to $1,000,000 and providing that such allotment shall be sufficient to complete Federal participation, for provisions limiting the allotment for any single project to $400,000 from the appropriations for any fiscal year.
1956—Act July 11, 1956, substituted "$10,000,000" for "$3,000,000", struck out "and not within areas intended to be protected by projects so authorized" before "which come within the provisions of section 701a of this title", and substituted "$400,000" for "$150,000".
1950—Act May 17, 1950, substituted "$3,000,000" for "$2,000,000" and "$150,000" for "$100,000".
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–662 not applicable to any project under contract for construction on Nov. 17, 1986, see section 915(i) of Pub. L. 99–662, set out as a note under section 426g of this title.
Effective Date of 1981 Amendment
Pub. L. 97–140, §2(b), Dec. 29, 1981, 95 Stat. 1717, provided that: "The amendment made by this section [amending this section] shall not apply to any project under contract for construction on the date of enactment of this Act [Dec. 29, 1981]."
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–587 not applicable to any project under contract for construction on Oct. 22, 1976, see section 133(c) of Pub. L. 94–587, set out as a note under section 577 of this title.
Ice Jam Prevention and Mitigation
Pub. L. 114–322, title I, §1150, Dec. 16, 2016, 130 Stat. 1661, as amended by Pub. L. 115–270, title I, §1131, Oct. 23, 2018, 132 Stat. 3780, provided that:
"(a) In General.—The Secretary [of the Army] may carry out projects under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), including planning, design, construction, and monitoring of structural and nonstructural technologies and measures, for preventing and mitigating flood damages associated with ice jams.
"(b) Inclusion.—The projects described in subsection (a) may include the development and demonstration of cost-effective technologies and designs developed in consultation with—
"(1) the Cold Regions Research and Engineering Laboratory of the Corps of Engineers;
"(2) universities;
"(3) Federal, State, and local agencies; and
"(4) private organizations.
"(c) Pilot Program.—
"(1) In general.—The Secretary shall identify and carry out not fewer than 20 projects under this section to demonstrate technologies and designs developed in accordance with this section.
"(2) Project selection.—The Secretary shall—
"(A) ensure that the projects are selected from all cold regions of the United States, including the Upper Missouri River Basin and the Northeast; and
"(B) select not fewer than one project to be carried out on a reservation (as defined in section 3 of the Indian Financing Act of 1974 [25 U.S.C. 1452]) that serves more than one Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5304])."
Amendments
2025—Pub. L. 118–272 substituted "$90,000,000" for "$68,750,000" and "$15,000,000" for "$10,000,000".
2020—Pub. L. 116–260 inserted ", and projects that use natural features or nature-based features (as those terms are defined in section 2289a(a) of this title)," after "nonstructural projects".
2018—Pub. L. 115–270 substituted "$68,750,000" for "$55,000,000" in first sentence.
2014—Pub. L. 113–121 substituted "$10,000,000" for "$7,000,000" in third sentence.
2007—Pub. L. 110–114 substituted "$55,000,000" for "$50,000,000" in first sentence.
2000—Pub. L. 106–541 substituted "$50,000,000" for "$40,000,000" in first sentence.
1999—Pub. L. 106–53, in first sentence, substituted "implementation of small structural and nonstructural projects" for "construction of small projects" and, in third sentence, substituted "$7,000,000" for "$5,000,000".
1986—Pub. L. 99–662 substituted "$40,000,000" for "$30,000,000" and "$5,000,000" for "$4,000,000".
1981—Pub. L. 97–140 substituted "Not more than $4,000,000 shall be allotted under this section for a project at any single locality" for "Not more than $2,000,000 shall be allotted under this section for a project in any single locality, except that not more than $3,000,000 shall be allotted under this section for a project at a single locality if such project protects an area which has been declared to be a major disaster area pursuant to the Disaster Relief Act of 1966 or the Disaster Relief Act of 1970 in the five-year period immediately preceding the date the Chief of Engineers deems such work advisable".
1976—Pub. L. 94–587 increased limitation on allotment for a project at a single locality from $1,000,000 to $2,000,000 and for such a project protecting a major disaster area from $2,000,000 to $3,000,000.
1974—Pub. L. 93–251, in revising provisions, increased fiscal year allotment to $30,000,000 from $25,000,000 and required allotment of $2,000,000 for a project at a single locality if such locality protects an area declared to be a major-disaster area pursuant to Disaster Relief Act of 1966 or Disaster Relief Act of 1970 in five-year period immediately preceding the date the Chief of Engineers deems such work advisable.
1962—Pub. L. 87–874 substituted "$25,000,000" for "$10,000,000", "projects for flood control and related purposes" for "flood control projects", and provisions limiting the allotment for a single project to $1,000,000 and providing that such allotment shall be sufficient to complete Federal participation, for provisions limiting the allotment for any single project to $400,000 from the appropriations for any fiscal year.
1956—Act July 11, 1956, substituted "$10,000,000" for "$3,000,000", struck out "and not within areas intended to be protected by projects so authorized" before "which come within the provisions of section 701a of this title", and substituted "$400,000" for "$150,000".
1950—Act May 17, 1950, substituted "$3,000,000" for "$2,000,000" and "$150,000" for "$100,000".
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–662 not applicable to any project under contract for construction on Nov. 17, 1986, see section 915(i) of Pub. L. 99–662, set out as a note under section 426g of this title.
Effective Date of 1981 Amendment
Pub. L. 97–140, §2(b), Dec. 29, 1981, 95 Stat. 1717, provided that: "The amendment made by this section [amending this section] shall not apply to any project under contract for construction on the date of enactment of this Act [Dec. 29, 1981]."
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–587 not applicable to any project under contract for construction on Oct. 22, 1976, see section 133(c) of Pub. L. 94–587, set out as a note under section 577 of this title.
Ice Jam Prevention and Mitigation
Pub. L. 114–322, title I, §1150, Dec. 16, 2016, 130 Stat. 1661, as amended by Pub. L. 115–270, title I, §1131, Oct. 23, 2018, 132 Stat. 3780, provided that:
"(a) In General.—The Secretary [of the Army] may carry out projects under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), including planning, design, construction, and monitoring of structural and nonstructural technologies and measures, for preventing and mitigating flood damages associated with ice jams.
"(b) Inclusion.—The projects described in subsection (a) may include the development and demonstration of cost-effective technologies and designs developed in consultation with—
"(1) the Cold Regions Research and Engineering Laboratory of the Corps of Engineers;
"(2) universities;
"(3) Federal, State, and local agencies; and
"(4) private organizations.
"(c) Pilot Program.—
"(1) In general.—The Secretary shall identify and carry out not fewer than 20 projects under this section to demonstrate technologies and designs developed in accordance with this section.
"(2) Project selection.—The Secretary shall—
"(A) ensure that the projects are selected from all cold regions of the United States, including the Upper Missouri River Basin and the Northeast; and
"(B) select not fewer than one project to be carried out on a reservation (as defined in section 3 of the Indian Financing Act of 1974 [25 U.S.C. 1452]) that serves more than one Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5304])."
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Bluebook (online)
33 U.S.C. § 701s, Counsel Stack Legal Research, https://law.counselstack.com/usc/33/701s.