---
kind: "section"
citation: "33 U.S.C. § 3905"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "3905"
heading: "Projects eligible for assistance"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/3905"
units:
  - "Chapter 52 — Water Infrastructure Finance and Innovation"
---

# §3905. Projects eligible for assistance


The following projects may be carried out with amounts made available under this chapter:

- (1) Any project for flood damage reduction, hurricane and storm damage reduction, environmental restoration, coastal or inland harbor navigation improvement, or inland and intracoastal waterways navigation improvement that the [Secretary](/usc/33/426h–1.md?p=2) determines is technically sound, economically justified, and environmentally acceptable, including—
  - (A) a project to reduce flood damage;
  - (B) a project to restore aquatic ecosystems;
  - (C) a project to improve the inland and intracoastal waterways navigation system of the United States; and
  - (D) a project to improve navigation of a coastal or inland harbor of the United States, including channel deepening and construction of associated general navigation features.
- (2) 1 or more activities that are eligible for assistance under [section 1383(c) of this title](/usc/33/1383.md?p=c), notwithstanding the public ownership requirement under [paragraph (1)](#1) of that subsection.
- (3) 1 or more activities described in [section 300j–12(a)(2) of title 42](/usc/42/300j–12.md?p=a-2).
- (4) A project for enhanced energy efficiency in the operation of a public water system or a publicly owned [treatment works](/usc/33/3901.md?p=15).
- (5) A project for repair, rehabilitation, or replacement of a [treatment works](/usc/33/3901.md?p=15), [community water system](/usc/33/3901.md?p=2), or aging water distribution or waste collection facility (including a facility that serves a population or community of an Indian reservation).
- (6) A brackish or sea water desalination project, including chloride control, a managed aquifer recharge project, a water recycling project, or a project to provide alternative water supplies to reduce aquifer depletion.
- (7) A project to prevent, reduce, or mitigate the effects of drought, including projects that enhance the resilience of drought-stricken watersheds.
- (8) Acquisition of real property or an interest in real property—
  - (A) if the acquisition is integral to a project described in paragraphs [(1)](#1) through [(6)](#6); or
  - (B) pursuant to an existing plan that, in the judgment of the [Administrator](/usc/33/3901.md?p=1) or the [Secretary](/usc/33/426h–1.md?p=2), as applicable, would mitigate the environmental impacts of water resources infrastructure projects otherwise eligible for assistance under this section.
- (9) A combination of projects, each of which is eligible under paragraph [(2)](#2) or [(3)](#3), for which a [State infrastructure financing authority](/usc/33/3901.md?p=12) submits to the [Administrator](/usc/33/3901.md?p=1) a single application.
- (10) A combination of projects secured by a common security pledge, each of which is eligible under paragraph [(1)](#1), [(2)](#2), [(3)](#3), [(4)](#4), [(5)](#5), [(6)](#6), [(7)](#7), or [(8)](#8), for which an eligible entity, or a combination of eligible entities, submits a single application.

## Source credit

(Pub. L. 113–121, title V, § 5026, June 10, 2014, 128 Stat. 1334; Pub. L. 114–322, title IV, § 5008(b)(1), Dec. 16, 2016, 130 Stat. 1896.)

## Notes

### Editorial Notes

### Amendments

2016—Par. (6). Pub. L. 114–322, § 5008(b)(1)(A), substituted “desalination project, including chloride control” for “desalination project” and “a water recycling project, or a project to provide alternative water supplies to reduce aquifer depletion” for “or a water recycling project”.

Pars. (7) to (9). Pub. L. 114–322, § 5008(b)(1)(B), (C), added par. (7) and redesignated former pars. (7) and (8) as (8) and (9), respectively. Former par. (9) redesignated (10).

Par. (10). Pub. L. 114–322, § 5008(b)(1)(B), (D), redesignated par. (9) as (10) and substituted “(7), or (8)” for “or (7)”.

### Statutory Notes and Related Subsidiaries

### “Secretary” Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.