---
kind: "section"
citation: "33 U.S.C. § 701n–3"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "701n–3"
heading: "Permanent measures to reduce emergency flood fighting needs for communities subject to repetitive flooding"
release: "119-102"
url: "https://uscodex.org/usc/33/701n-3"
units:
  - "Chapter 15 — Flood Control"
---

# §701n–3. Permanent measures to reduce emergency flood fighting needs for communities subject to repetitive flooding

- (a) **Definitions—** In this section:
  - (1) **Affected community—** The term “affected community” means a legally constituted public body (as that term is used in [section 1962d–5b(b) of title 42](/usc/42/1962d–5b.md?p=b))—
    - (A) with jurisdiction over an area that has been subject to flooding in two or more events in any 10-year period; and
    - (B) that has received emergency flood-fighting assistance, including [construction](/usc/33/426e.md?p=c) of temporary barriers by the [Secretary](/usc/33/426h–1.md?p=2), under [section 701n of this title](/usc/33/701n.md) with respect to such flood events.
  - (2) **Natural feature; nature-based feature—** The terms “natural feature” and “nature-based feature” have the meanings given those terms in [section 2289a of this title](/usc/33/2289a.md).
- (b) **Program—**
  - (1) **In general—** The [Secretary](/usc/33/426h–1.md?p=2) is authorized to carry out a [program](/usc/33/467.md?p=11) to study, design, and construct water resources development projects through measures involving, among other things, strengthening, raising, extending, realigning, or otherwise modifying existing flood control works, designing new works, and incorporating [natural features](#a-2), [nature-based features](#a-2), or nonstructural features, as appropriate to provide flood and coastal storm risk management to [affected communities](#a-1).
  - (2) **Considerations—** In carrying out [paragraph (1)](#b-1), the [Secretary](/usc/33/426h–1.md?p=2) shall, to the maximum extent practical, review and, where appropriate, incorporate [natural features](#a-2) or [nature-based features](#a-2), or a combination of such features and nonstructural features, that avoid or reduce at least 50 percent of flood or storm [damages](/usc/33/2701.md?p=5) in one or more of the alternatives included in the final alternatives evaluated.
  - (3) **Construction—**
    - (A) **In general—** The [Secretary](/usc/33/426h–1.md?p=2) may carry out a project described in [paragraph (1)](#b-1) without further congressional authorization if—
      - (i) the [Secretary](/usc/33/426h–1.md?p=2) determines that the project—
        - (I) is advisable to reduce the risk of flooding for an [affected community](#a-1); and
        - (II) produces benefits that are in excess of the estimated costs; and
      - (ii) the Federal share of the cost of the [construction](/usc/33/426e.md?p=c) does not exceed $17,500,000.
    - (B) **Specific authorization—** If the Federal share of the cost of a project described in [paragraph (1)](#b-1) exceeds $17,500,000, the [Secretary](/usc/33/426h–1.md?p=2) shall submit the project recommendation to Congress for authorization prior to [construction](/usc/33/426e.md?p=c), and shall include the project recommendation in the next annual report submitted under [section 2282d of this title](/usc/33/2282d.md).
    - (C) **Financing—**
      - (i) **Contributions—** If, based on a study carried out pursuant to [paragraph (1)](#b-1), the [Secretary](/usc/33/426h–1.md?p=2) determines that a project described in [paragraph (1)](#b-1) will not produce benefits greater than cost, the [Secretary](/usc/33/426h–1.md?p=2) shall allow the [affected community](#a-1) to pay, or provide contributions equal to, an amount sufficient to make the remaining costs of design and [construction](/usc/33/426e.md?p=c) of the project equal to the estimated value of the benefits of the project.
      - (ii) **Effect on non-Federal share—** Amounts provided by an [affected community](#a-1) under [clause (i)](#b-3-C-i) shall be in addition to any payments or contributions the [affected community](#a-1) is required to provide toward the remaining costs of design and [construction](/usc/33/426e.md?p=c) of the project under [section 2213 of this title](/usc/33/2213.md).
  - (4) **Ability to pay—**
    - (A) **In general—** Any cost-sharing agreement for a project entered into pursuant to this section shall be subject to the ability of the [affected community](#a-1) to pay.
    - (B) **Determination—** The ability of any [affected community](#a-1) to pay shall be determined by the [Secretary](/usc/33/426h–1.md?p=2) in accordance with procedures established by the [Secretary](/usc/33/426h–1.md?p=2).
    - (C) **Effect of reduction—** Any reduction in the non-Federal share of the cost of a project described in [paragraph (1)](#b-1) as a result of a determination under this paragraph shall not be included in the Federal share for purposes of subparagraphs [(A)](#b-3-A) and [(B)](#b-3-B) of paragraph (3).

## Source credit

(Pub. L. 116–260, div. AA, title I, § 119, Dec. 27, 2020, 134 Stat. 2632.)

## Notes

### 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.