---
kind: "section"
citation: "33 U.S.C. § 2213a"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "2213a"
heading: "Treatment of certain benefits and costs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/2213a"
units:
  - "Chapter 36 — Water Resources Development"
  - "Subchapter I — Cost Sharing"
---

# §2213a. Treatment of certain benefits and costs

- (a) **In general—** In the case of a flood risk management or coastal storm risk management project in a region of moderate or high seismic hazard, for the purpose of a benefit-cost analysis for the project, the [Secretary](/usc/33/426h–1.md?p=2) shall not include in that analysis any additional design and construction costs resulting from addressing seismic concerns.
- (b) **Savings provision—** Except with respect to the benefit-cost analysis, the additional costs referred to in [subsection (a)](#a) shall be—
  - (1) included in the total project cost; and
  - (2) subject to cost-share requirements otherwise applicable to the project.

## Source credit

(Pub. L. 116–260, div. AA, title I, § 152, Dec. 27, 2020, 134 Stat. 2658; Pub. L. 117–263, div. H, title LXXXI, § 8380, Dec. 23, 2022, 136 Stat. 3828.)

## Notes

### Editorial Notes

### Codification

Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

### Amendments

2022—Subsec. (a). Pub. L. 117–263 substituted “a flood risk management or coastal storm risk management project in a region” for “flood risk management project that incidentally generates seismic safety benefits in regions”.

### Statutory Notes and Related Subsidiaries

### “Secretary” Defined

Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.