Sec. 1017. Continuing authority programs
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In this subsection: The term continuing authority program means any of— section 14 of the Flood Control Act of 1946 ( 33 U.S.C. 701r ); section 3 of the Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 426g ); section 107 of the River and Harbor Act of 1960 ( 33 U.S.C. 577 ); section 111 of the River and Harbor Act of 1968 ( 33 U.S.C. 426i ); section 204 of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326 ); section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s ); section 206 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330 ); section 2 of the Act of August 28, 1937 (50 Stat. 877, chapter 877; 33 U.S.C. 701g ); and section 1135 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2309a ).
The term disadvantaged community means a city, town, or other incorporated or unincorporated political subdivision of a State that— provides general local government for a population of less than 20,000; and is an economically distressed area (as defined in section 1083(a)); is at risk from repeat flooding events; or has a degraded ecosystem. The term small community means a city, town, or other incorporated or unincorporated political subdivision of a State that provides general local government for a population of less than 10,000.
Subject to paragraph (3), in carrying out a project under a continuing authority program in a small community or a disadvantaged community, if the Secretary determines that the life safety, economic viability, or environmental sustainability of the community would be threatened without the project, the Secretary shall reduce the non-Federal cost share applicable to the project through a mutual agreement between the Corps of Engineers and the non-Federal interest, in an amount that is— not less than 10 percent of the total project cost; and up to 100 percent of the non-Federal cost share applicable to the project.
In any fiscal year, the Secretary may apply a waiver under paragraph
(2)to— not more than 50 projects in small communities; not more than 50 projects in disadvantaged communities; not more than 3 projects in small communities within any 1 district of the Corps of Engineers; and not more than 3 projects in disadvantaged communities within any 1 district of the Corps of Engineers. Section 14 of the Flood Control Act of 1946 ( 33 U.S.C. 701r ) is amended— by striking $25,000,000 and inserting the amount described in subsection
(b); in the proviso, by striking That not more and inserting That, except as provided in subsection (c), not more ; by striking The Secretary and inserting the following: The Secretary ; and by adding at the end the following: The amount referred to in subsection
(a)is— for fiscal year 2021, $28,000,000; for fiscal year 2022, $28,500,000; for fiscal year 2023, $29,000,000; for fiscal year 2024, $29,500,000; for fiscal year 2025, $30,000,000; for fiscal year 2026, $30,500,000; for fiscal year 2027, $31,000,000; for fiscal year 2028, $31,500,000; for fiscal year 2029, $32,000,000; and for fiscal year 2030 and each fiscal year thereafter, $32,500,000. The Secretary may increase the maximum amount for a single project under the proviso in subsection
(a)by an amount equal to not more than 20 percent, if the Secretary determines the increase to be appropriate. . Section 3(c) of the Act of August 13, 1946 ( 33 U.S.C. 426g(c) ) is amended— in paragraph (1)— by striking $37,500,000 and inserting the amount described in subparagraph
(B); by striking the paragraph designation and heading and all that follows through Subject to paragraph
(2)and inserting the following: Subject to paragraph
(2); and by adding at the end the following: The amount referred to in subparagraph
(A)is— for fiscal year 2021, $41,500,000; for fiscal year 2022, $42,000,000; for fiscal year 2023, $42,500,000; for fiscal year 2024, $43,000,000; for fiscal year 2025, $43,500,000; for fiscal year 2026, $44,000,000; for fiscal year 2027, $44,500,000; for fiscal year 2028, $45,000,000; for fiscal year 2029, $45,500,000; and for fiscal year 2030 and each fiscal year thereafter, $46,000,000. ; and in paragraph (2)— by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively, and indenting appropriately; in the matter preceding clause
(i)(as so redesignated), by striking The total amount and inserting the following: Except as provided in subparagraph (B), the total amount ; and by adding at the end the following: The Secretary may increase the maximum amount under subparagraph (A)(ii) by an amount equal to not more than 20 percent, if the Secretary determines the increase to be appropriate. . Section 107 of the River and Harbor Act of 1960 ( 33 U.S.C. 577 ) is amended— in subsection (a)— by striking $62,500,000 and inserting the amount described in paragraph
(2); by striking the subsection designation and all that follows through That the Secretary and inserting the following: The Secretary ; and by adding at the end the following: The amount referred to in paragraph
(1)is— for fiscal year 2021, $69,000,000; for fiscal year 2022, $69,500,000; for fiscal year 2023, $70,000,000; for fiscal year 2024, $70,500,000; for fiscal year 2025, $71,000,000; for fiscal year 2026, $71,500,000; for fiscal year 2027, $72,000,000; for fiscal year 2028, $72,500,000; for fiscal year 2029, $73,000,000; and for fiscal year 2030 and each fiscal year thereafter, $73,500,000. ; and in subsection (b)— by striking the subsection designation and all that follows through Not more than and inserting the following: Except as provided in paragraph (2), not more than ; and by adding at the end the following: The Secretary may increase the maximum amount under paragraph
(1)by an amount equal to not more than 20 percent, if the Secretary determines the increase to be appropriate. . Section 111(c) of the River and Harbor Act of 1968 ( 33 U.S.C. 426i(c) ) is amended— by striking No such project shall be initiated and inserting the following: Except as provided in paragraph (2), a project under this section shall not be initiated ; and by adding at the end the following: The Secretary may increase the maximum amount under paragraph
(1)by an amount equal to not more than 20 percent, if the Secretary determines the increase to be appropriate. . Section 3085 of the Water Resources Development Act of 2007 (121 Stat. 1129) is amended— by striking The maximum and inserting the following: Except as provided in subsection (b), the maximum ; and by adding at the end the following: The Secretary may increase the maximum amount under subsection
(a)by an amount equal to not more than 20 percent, if the Secretary determines the increase to be appropriate. . Section 204 of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326 ) is amended— in subsection (c)(1)(C)— by striking The total and inserting the following: Except as provided in clause (ii), the total ; and by adding at the end the following: The Secretary may increase the maximum amount under clause
(i)by an amount equal to not more than 20 percent, if the Secretary determines the increase to be appropriate. ; and by striking subsection
(g)and inserting the following: There are authorized to be appropriated to carry out this section— for fiscal year 2021, $69,000,000; for fiscal year 2022, $69,500,000; for fiscal year 2023, $70,000,000; for fiscal year 2024, $70,500,000; for fiscal year 2025, $71,000,000; for fiscal year 2026, $71,500,000; for fiscal year 2027, $72,000,000; for fiscal year 2028, $72,500,000; for fiscal year 2029, $73,000,000; and for fiscal year 2030 and each fiscal year thereafter, $73,500,000. Of the amounts made available under paragraph
(1)for each fiscal year— not more than $5,000,000 may be used for the development of regional sediment management plans under subsection (e); and not more than $3,000,000 may be used for construction of projects to which subsection (c)(1)(B)(ii) applies. Amounts made available under paragraph
(1)shall remain available until expended. . Section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s ) is amended— in the fifth sentence, by striking The work and inserting the following: A project carried out under this section ; in the fourth sentence, by striking The provisions and inserting the following: The provisions ; in the third sentence— by striking Not more than and inserting the following: Except as provided in paragraph (2), not more than ; and by adding at the end the following: The Secretary may increase the maximum amount under paragraph
(1)by an amount equal to not more than 20 percent, if the Secretary determines the increase to be appropriate. ; in the second sentence, by striking The amount and inserting the following: The amount ; and in the first sentence— by striking $68,750,000 and inserting the amount described in paragraph
(2); by striking That the Secretary and inserting the following: The Secretary ; and by adding at the end the following: The amount referred to in paragraph
(1)is— for fiscal year 2021, $76,000,000; for fiscal year 2022, $76,500,000; for fiscal year 2023, $77,000,000; for fiscal year 2024, $77,500,000; for fiscal year 2025, $78,000,000; for fiscal year 2026, $78,500,000; for fiscal year 2027, $79,000,000; for fiscal year 2028, $79,500,000; for fiscal year 2029, $80,000,000; and for fiscal year 2030 and each fiscal year thereafter, $80,500,000. . Section 206 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330 ) is amended— in subsection (d)— by striking Not more than and inserting the following: Except as provided in paragraph (2), not more than ; and by adding at the end the following: The Secretary may increase the maximum amount under paragraph
(1)by an amount equal to not more than 20 percent, if the Secretary determines the increase to be appropriate. ; and by striking subsection
(f)and inserting the following: There are authorized to be appropriated to carry out this section— for fiscal year 2021, $69,000,000; for fiscal year 2022, $69,500,000; for fiscal year 2023, $70,000,000; for fiscal year 2024, $70,500,000; for fiscal year 2025, $71,000,000; for fiscal year 2026, $71,500,000; for fiscal year 2027, $72,000,000; for fiscal year 2028, $72,500,000; for fiscal year 2029, $73,000,000; and for fiscal year 2030 and each fiscal year thereafter, $73,500,000. . Section 2 of the Act of August 28, 1937 (50 Stat. 877, chapter 877; 33 U.S.C. 701g ) is amended— by striking flood control: and all that follows through not more than and inserting the following: “flood control. Except as provided in paragraph (2), not more than ; by adding at the end the following: The Secretary may increase the maximum amount under paragraph
(1)by an amount equal to not more than 20 percent, if the Secretary determines the increase to be appropriate. ; by striking The Secretary of the Army is authorized to allot not to exceed $7,500,000 and inserting the following: The Secretary of the Army may allot not more than the amount described in paragraph
(2); and in subsection
(a)(as so designated), by adding at the end the following: The amount referred to in paragraph
(1)is— for fiscal year 2021, $8,500,000; for fiscal year 2022, $9,000,000; for fiscal year 2023, $9,500,000; for fiscal year 2024, $10,000,000; for fiscal year 2025, $10,500,000; for fiscal year 2026, $11,000,000; for fiscal year 2027, $11,500,000; for fiscal year 2028, $12,000,000; for fiscal year 2029, $12,500,000; and for fiscal year 2030 and each fiscal year thereafter, $13,000,000. . Section 1135 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2309a ) is amended— in subsection (d)— in the third sentence— by striking Not more than and inserting the following: Except as provided in subparagraph (B), not more than ; and by adding at the end the following: The Secretary may increase the maximum amount under subparagraph
(A)by an amount equal to not more than 20 percent, if the Secretary determines the increase to be appropriate. ; in the second sentence, by striking The non-Federal share and inserting the following: The non-Federal share ; and in the first sentence, by striking The non-Federal share and inserting the following: The non-Federal share ; and by striking subsection
(h)and inserting the following: There are authorized to be appropriated to carry out this section— for fiscal year 2021, $55,000,000; for fiscal year 2022, $55,500,000; for fiscal year 2023, $56,000,000; for fiscal year 2024, $56,500,000; for fiscal year 2025, $57,000,000; for fiscal year 2026, $57,500,000; for fiscal year 2027, $58,000,000; for fiscal year 2028, $58,500,000; for fiscal year 2029, $59,000,000; and for fiscal year 2030 and each fiscal year thereafter, $59,500,000. .
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U.S. Code
- Protection of highways, bridge approaches, lighthouses, public works, and nonprofit public services§ 701r
- Storm and hurricane restoration and impact minimization program§ 426g
- Small river and harbor improvement projects§ 577
- Shore damage prevention or mitigation§ 426i
- Regional sediment management§ 2326
- Small flood control projects; appropriations; amount limitation for single locality; conditions§ 701s
- Aquatic ecosystem restoration§ 2330
- Removal of obstructions; clearing channels§ 701g
- Project modifications for improvement of environment or drought resiliency§ 2309a
statutes-at-large
2 references not yet in our index
- 60 Stat. 1056
- 121 Stat. 1129
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cites case law
Sec. 1017
Continuing authority programs
Stat.60 Stat. 1056
Stat.121 Stat. 1129
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