§2213. Flood control and other purposes — Inbound Citations

Code of Federal Regulations Citations

Cited by 3 regulations in the Code of Federal Regulations.

• 33 C.F.R. § 241.4(a) — General policy.

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  (a) Procedures described herein establish an “ability to pay” test which will be applied to all flood control projects. As a result of the application of the test, some projects will be cost-shared by the non-Federal interest at a lower level than the standard non-Federal share that would be required under the provisions of section 103 of Pub. L. 99-662, 33 U.S.C. 2213. The “standard share”, as used herein, refers to the non-Federal share that would apply to the project before any ability to pay consideration.

• 33 C.F.R. § 241.5(c) — Procedures for estimating the alternative cost-share.

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  (c) If a flood control project has a BBF which is less than the standard cost-share and an EF which is greater than zero, the non-Federal cost-share will be reduced. The alternative non-Federal share will be calculated and reported to the nearest one tenth of one percent. The actual reduction is determined by applying the ability to pay formula to the basic flood control cost-sharing provisions of section 103 of Pub. L. 99-662, 33 U.S.C. 2213, as follows:

  (1) When EF ≥1, non-Federal cost-share = BBF

  (i) If LERRD equals or exceeds 45 percent:

  (ii) If LERRD exceeds 20 percent but is less than 45 percent:

  (iii) If LERRD is less than 20 percent:

  (4) In no case however, can the non-Federal share be less than five percent, even if the calculation made in § 241.5(c) (1), (2), or (3) results in a smaller number.

  (5) LERRD equals the costs of lands, easements, rights-of-way, relocations, and dredged material disposal areas expressed as a percentage of total project costs. The BBF and numerical terms in the equations above are also expressed as percentages.

• 33 C.F.R. § 241.7(b) — Application of test.

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  (b) The official application of the ability to pay test will be made at the time the Project Cooperation Agreement (PCA) between the Corps of Engineers and the Non-Federal sponsor is signed. For structural flood control projects, the standard level of cost-sharing will not be known until the end of the project (since the standard level as specified in section 103(a), 33 U.S.C. 2213, includes LERRD). In this case, if the Eligibility Factor is greater than zero but less than one, the ability to pay non-Federal share will be determined using estimated costs.

Citations to 33 U.S.C. § 2213 as a whole

• 33 U.S.C. § 701n–3(b)(3)(C)(ii)

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  (ii) Amounts provided by an affected community under clause (i) shall be in addition to any payments or contributions the affected community is required to provide toward the remaining costs of design and construction of the project under section 2213 of this title.

• 33 U.S.C. § 2238e(b)(2)

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  (2) The non-Federal share of the incremental cost of a project carried out under this section involving a disposal option for the beneficial use of dredged material that is not the least cost disposal option shall be determined as provided under subsections (a) through (d) of section 2213 of this title.

• 33 U.S.C. § 2269(d)(4)(B)

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  (B) The non-Federal share of costs of design and construction of a project described in subparagraph (A) shall be assigned to the appropriate project purposes described in sections 2211 and 2213 of this title and shared in the same percentages as the purposes to which the costs are assigned.

• 33 U.S.C. § 2307(g)

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  (g) Cost sharing applicable to flood control projects under section 2213 of this title shall apply to projects under this section.

• 33 U.S.C. § 2326(c)(1)(B)(i)

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  (i) Except as provided in clause (ii), the non-Federal share of the construction cost of a project under this section shall be determined as provided in subsections (a) through (d) of section 2213 of this title.

• 33 U.S.C. § 2326a(d)(2)(D)

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  (D) The Federal share of such fees shall be equal to the percentage of the total cost that would otherwise be borne by the Federal Government as required pursuant to existing cost-sharing requirements, including section 2213 of this title and section 2326 of this title.

• 33 U.S.C. § 2332(c)(2)(A)

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  (A) Design and construction of a project under this section that includes a nonstructural measure, a natural feature or nature-based feature, or an environmental restoration measure, shall be subject to cost sharing in accordance with section 2213 of this title, except that the non-Federal share of the cost to design and construct such a project benefitting an economically disadvantaged community (including economically disadvantaged communities located in urban and rural areas) shall be 10 percent.

• 33 U.S.C. § 2332(c)(3)

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  (3) Any structural flood control or hurricane and storm damage reduction projects carried out under this section shall be subject to cost sharing in accordance with section 2213 of this title, except that the non-Federal share of the cost to design and construct such a project benefitting an economically disadvantaged community (including economically disadvantaged communities located in urban and rural areas) shall be 10 percent.

• 33 U.S.C. § 2347c(f)(2)

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  (2) A small water storage project carried out under this section shall be subject to the cost-sharing requirements applicable to projects under section 2213 of this title, including—

  (A) municipal and industrial water supply: 100 percent non-Federal;

  (B) agricultural water supply: 35 percent non-Federal; and

  (C) recreation, including recreational navigation: 50 percent of separable costs and, in the case of any harbor or inland harbor or channel project, 50 percent of joint and separable costs allocated to recreational navigation.

• 33 U.S.C. § 2357(e)

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  (e) Nothing in this section affects the non-Federal share of the cost of construction of a managed aquifer recharge project under section 2213 of this title or any other provision of law.

Citations to §2213(a)(1)(A)

• 33 U.S.C. § 2214(g)

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  (g) Nothing in this section affects the requirement of section 2213(a)(1)(A) of this title.

• 42 U.S.C. § 1962d–5b(a)(4)(D)(iii)

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  (iii) shall not alter any requirement that a non-Federal interest pay a portion of the costs of construction of the project under sections 2211(a)(2) and 2213(a)(1)(A) of title 33; and

Citations to §2213(d)

• 33 U.S.C. § 598c(e)

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  (e) Nothing in this section may be construed to affect the requirements of section 2213(d) of this title.

Citations to §2213(d)(1)

• 33 U.S.C. § 2326(d)(4)

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  (4) The Secretary may accept funds from a non-Federal interest to dispose of dredged material as provided under section 2213(d)(1) of this title.

Citations to §2213(f)

• 33 U.S.C. § 426h–1(3)

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  (3) The term “separable element” has the meaning provided by section 2213(f) of this title.

Citations to §2213(j)

• 33 U.S.C. § 2215(a)(1)(C)(i)

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  (i) Except as otherwise agreed to by the Secretary and the non-Federal interests and subject to clause (ii), the non-Federal share of any excess of the cost of the study over the cost estimate (excluding any excess cost described in subparagraph (B)(ii)) shall be payable on the date on which the Secretary and the non-Federal interests enter into an agreement pursuant to section 2211(e) or 2213(j) of this title with respect to the project.

Citations to §2213(j)(1)

• 33 U.S.C. § 2903(f)(3)

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  (3) For a project carried out under this chapter, the requirements of section 2213(j)(1) of this title may be fulfilled by a nongovernmental organization serving as the non-Federal interest for the project pursuant to paragraph (2).

Citations to §2213(m)

• 33 U.S.C. § 2281a(b)(1)

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  (1) removing barriers to access to, and participation in, Corps of Engineers programs for Tribal communities, including by improving implementation of section 2213(m) of this title;