---
kind: "section"
citation: "42 U.S.C. § 1962d–16"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1962d–16"
heading: "Comprehensive plans for development, utilization, and conservation of water and related resources"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/1962d-16"
units:
  - "Chapter 19B — Water Resources Planning"
  - "Subchapter IV — Miscellaneous Provisions"
---

# §1962d–16. Comprehensive plans for development, utilization, and conservation of water and related resources

- (a) **Federal State cooperation—**
  - (1) **Comprehensive plans—** The [Secretary](/usc/42/242q–4.md?p=2) of the Army, acting through the Chief of Engineers, is authorized to cooperate with any [State](/usc/42/2021b.md?p=14), group of [States](/usc/42/2021b.md?p=14), non-Federal interest working with a [State](/usc/42/2021b.md?p=14) or group of [States](/usc/42/2021b.md?p=14), local government, or regional coalition of governmental entities in the preparation of comprehensive plans for the development, utilization, and conservation of the water and related resources of drainage basins, watersheds, or ecosystems located within the boundaries of such [State](/usc/42/2021b.md?p=14), interest, local government, or entity, including plans to comprehensively address water resources challenges, and to submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out such plans.
  - (2) **Technical assistance—**
    - (A) **In general—** At the request of a governmental [agency](/usc/42/8262.md?p=1) or non-Federal interest, the [Secretary](/usc/42/242q–4.md?p=2) may provide technical assistance to such [agency](/usc/42/8262.md?p=1) or non-Federal interest in managing water resources.
    - (B) **Types of assistance—** Technical assistance under this paragraph may include provision and integration of hydrologic, economic, and environmental data and analyses and title research for abandoned structures.
  - (3) **Institution of higher education—** Notwithstanding [section 4141 of title 10](/usc/10/4141.md), in carrying out this subsection, the [Secretary](/usc/42/242q–4.md?p=2) may work with an [institution of higher education](/usc/42/11851.md?p=7), as determined appropriate by the [Secretary](/usc/42/242q–4.md?p=2).
  - (4) **Prioritization—** To the maximum extent practicable, the [Secretary](/usc/42/242q–4.md?p=2) shall prioritize the provision of assistance under this subsection to address both inland and coastal life safety risks.
- (b) **Fees—**
  - (1) **Establishment and collection—** For the purpose of recovering 50 percent of the total cost of providing assistance pursuant to [subsection (a)](#a), the [Secretary](/usc/42/242q–4.md?p=2) of the Army is authorized to establish appropriate fees, as determined by the [Secretary](/usc/42/242q–4.md?p=2), and to collect such fees from [States](/usc/42/2021b.md?p=14) and other non-Federal public bodies to whom assistance is provided under [subsection (a)](#a).
  - (2) **Contributed funds—** The [Secretary](/usc/42/242q–4.md?p=2) may accept and expend funds in excess of the fees established under [paragraph (1)](#b-1) that are provided by a [State](/usc/42/2021b.md?p=14) or other non-Federal interest for assistance under this section.
  - (3) **In-kind services—** The non-Federal contribution for preparation of a plan subject to the cost sharing program under this subsection may be made by the provision of services, materials, supplies, or other in-kind services necessary to prepare the plan.
  - (4) **Deposit and use—** Fees collected under this subsection shall be deposited into the account in the Treasury of the United States entitled, “Contributions and Advances, Rivers and Harbors, Corps of Engineers (8862)” and shall be available until expended to carry out this section.
- (c) **Authorization of appropriations—**
  - (1) **Federal and State cooperation—** There is authorized to be appropriated not to exceed $30,000,000 annually to carry out [subsection (a)(1)](#a-1), except that not more than $5,000,000 in Federal funds shall be expended in any one year in any one [State](/usc/42/2021b.md?p=14). The [Secretary](/usc/42/242q–4.md?p=2) may allow 2 or more [States](/usc/42/2021b.md?p=14) to combine all or a portion of the funds that the [Secretary](/usc/42/242q–4.md?p=2) makes available to the [States](/usc/42/2021b.md?p=14) in carrying out [subsection (a)(1)](#a-1).
  - (2) **Technical assistance—** There is authorized to be appropriated $30,000,000 annually to carry out [subsection (a)(2)](#a-2), of which not more than $2,000,000 annually may be used by the [Secretary](/usc/42/242q–4.md?p=2) to enter into cooperative agreements with [nonprofit](/usc/42/300s–3.md?p=3) organizations to provide assistance to rural and small communities.
- (d) **Annual submission of proposed activities—** Concurrent with the President’s submission to Congress of the President’s request for appropriations for the Civil Works Program for a fiscal year, the [Secretary](/usc/42/242q–4.md?p=2) shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the individual activities proposed for funding under [subsection (a)(1)](#a-1) for that fiscal year.
- (e) **“State” defined—** For the purposes of this section, the term “[State](/usc/42/2021b.md?p=14)” means the several [States](/usc/42/2021b.md?p=14) of the United States, Indian tribes, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas, and the Trust Territory of the Pacific Islands.
- (f) **Special rule—**
  - (1) **Tribes and territories—** The cost-share for assistance under this section provided to Indian tribes, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas, and the Trust Territory of the Pacific Islands shall be as provided under [section 2310 of title 33](/usc/33/2310.md).
  - (2) **Economically disadvantaged communities—** Notwithstanding [subsection (b)(1)](#b-1) and the limitation in [section 2310 of title 33](/usc/33/2310.md), as applicable pursuant to paragraph (1) of this subsection, the [Secretary](/usc/42/242q–4.md?p=2) is authorized to waive the collection of fees for any local government to which assistance is provided under [subsection (a)](#a) that the [Secretary](/usc/42/242q–4.md?p=2) determines is an economically disadvantaged community, as defined by the [Secretary](/usc/42/242q–4.md?p=2) under section 160 of the Water Resources Development Act of 2020 ([33 U.S.C. 2201](/usc/33/2201.md) note) (including economically disadvantaged communities located in urban and rural areas).

## Source credit

(Pub. L. 93–251, title I, § 22, Mar. 7, 1974, 88 Stat. 20; Pub. L. 94–587, § 168, Oct. 22, 1976, 90 Stat. 2936; Pub. L. 96–597, title VI, § 605, Dec. 24, 1980, 94 Stat. 3482; Pub. L. 99–662, title IX, § 921, Nov. 17, 1986, 100 Stat. 4194; Pub. L. 101–640, title III, § 319, Nov. 28, 1990, 104 Stat. 4642; Pub. L. 102–580, title II, § 208, Oct. 31, 1992, 106 Stat. 4829; Pub. L. 104–303, title II, § 221, Oct. 12, 1996, 110 Stat. 3697; Pub. L. 110–114, title II, § 2013, Nov. 8, 2007, 121 Stat. 1075; Pub. L. 113–121, title III, § 3015, June 10, 2014, 128 Stat. 1288; Pub. L. 114–322, title I, §§ 1128, 1129, Dec. 16, 2016, 130 Stat. 1649; Pub. L. 115–270, title I, § 1159, Oct. 23, 2018, 132 Stat. 3795; Pub. L. 117–263, div. H, title LXXXI, § 8119(a), Dec. 23, 2022, 136 Stat. 3711; Pub. L. 118–272, div. A, title I, § 1127, Jan. 4, 2025, 138 Stat. 3018.)

## Notes

### Editorial Notes

### References in Text

Section 160 of the Water Resources Development Act of 2020, referred to in subsec. (f)(2), is section 160 of Pub. L. 116–260, div. AA, title I, Dec. 27, 2020, 134 Stat. 2665, which is set out as a note under section 2201 of Title 33, Navigation and Navigable Waters.

### Codification

Section was enacted as part of the Water Resources Development Act of 1974, and not as part of the Water Resources Planning Act which comprises this chapter.

### Amendments

2025—Subsec. (a)(2)(B). Pub. L. 118–272 inserted “and title research for abandoned structures” before period at end.

2022—Subsec. (a)(1). Pub. L. 117–263, § 8119(a)(1)(A), inserted “local government,” after “State or group of States,” and after “such State, interest,”.

Subsec. (a)(3). Pub. L. 117–263, § 8119(a)(1)(B), substituted “section 4141 of title 10” for “section 236 of title 10”.

Subsec. (a)(4). Pub. L. 117–263, § 8119(a)(1)(C), added par. (4).

Subsec. (c)(2). Pub. L. 117–263, § 8119(a)(2), substituted “$30,000,000” for “$15,000,000”.

Subsec. (f). Pub. L. 117–263, § 8119(a)(3), designated existing provisions as par. (1), inserted heading, and added par. (2).

2018—Subsec. (a)(1). Pub. L. 115–270, § 1159(1), amended par. (1) generally. Prior to amendment, text read as follows: “The Secretary of the Army, acting through the Chief of Engineers, is authorized to cooperate with any State, group of States, or non-Federal interest working with a State or group of States in the preparation of comprehensive plans for the development, utilization, and conservation of the water and related resources of drainage basins, watersheds, or ecosystems located within the boundaries of such State or group of States, including plans to comprehensively address water resources challenges, and to submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out such plans.”

Subsec. (a)(3). Pub. L. 115–270, § 1159(2), added par. (3).

2016—Subsec. (a)(1). Pub. L. 114–322, § 1128(1), substituted “, group of States, or non-Federal interest” for “or other non-Federal interest” and inserted “or group of States” after “working with a State” and after “boundaries of such State”.

Subsec. (c)(1). Pub. L. 114–322, § 1128(2), inserted at end “The Secretary may allow 2 or more States to combine all or a portion of the funds that the Secretary makes available to the States in carrying out subsection (a)(1).”

Subsec. (f). Pub. L. 114–322, § 1129, added subsec. (f).

2014—Subsec. (a)(1). Pub. L. 113–121, § 3015(1)(A), inserted “or other non-Federal interest working with a State” after “cooperate with any State” and “, including plans to comprehensively address water resources challenges,” after “of such State”.

Subsec. (a)(2)(A). Pub. L. 113–121, § 3015(1)(B), struck out “, at Federal expense,” after “provide”.

Subsec. (b)(1). Pub. L. 113–121, § 3015(2)(A), substituted “subsection (a)” for “subsection (a)(1)” in two places.

Subsec. (b)(2) to (4). Pub. L. 113–121, § 3015(2)(B), (C), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

Subsec. (c)(1). Pub. L. 113–121, § 3015(3)(A), substituted “$30,000,000” for “$10,000,000” and “$5,000,000 in Federal funds” for “$2,000,000”.

Subsec. (c)(2). Pub. L. 113–121, § 3015(3)(B), substituted “$15,000,000” for “$5,000,000”.

2007—Subsec. (a). Pub. L. 110–114, § 2013(1), (2), designated existing provisions as par. (1), inserted headings for subsec. (a) and par. (1), and added par. (2).

Subsec. (b)(1). Pub. L. 110–114, § 2013(3), substituted “subsection (a)(1)” for “this section” in two places.

Subsec. (b)(2). Pub. L. 110–114, § 2013(4), substituted “The” for “Up to ½ of the”.

Subsec. (c). Pub. L. 110–114, § 2013(5)–(7), designated existing provisions as par. (1), inserted headings for subsec. (c) and par. (1), substituted “subsection (a)(1),” for “the provisions of this section” and “$2,000,000” for “$500,000” in par. (1), and added par. (2).

Subsecs. (d), (e). Pub. L. 110–114, § 2013(8), (9), added subsec. (d) and redesignated former subsec. (d) as (e).

1996—Subsec. (a). Pub. L. 104–303, § 221(1), inserted “, watersheds, or ecosystems” after “basins”.

Subsec. (b)(2) to (4). Pub. L. 104–303, § 221(2), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out heading and text of former par. (2). Text read as follows: “The Secretary shall phase in the cost sharing program under this subsection by recovering—

“(A) approximately 10 percent of the total cost of providing assistance in fiscal year 1991;

“(B) approximately 30 percent of the total cost in fiscal year 1992; and

“(C) approximately 50 percent of the total cost in fiscal year 1993 and each succeeding fiscal year.”

Subsec. (c). Pub. L. 104–303, § 221(3), substituted “$10,000,000” for “$6,000,000” and “$500,000” for “$300,000”.

1992—Subsec. (b)(3), (4). Pub. L. 102–580, § 208(1), added par. (3) and redesignated former par. (3) as (4).

Subsec. (d). Pub. L. 102–580, § 208(2), inserted “Indian tribes,” after “States of the United States,”.

1990—Subsecs. (b) to (d). Pub. L. 101–640 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

1986—Subsec. (b). Pub. L. 99–662 substituted “$6,000,000” for “$4,000,000” and “$300,000” for “$200,000”.

1980—Subsec. (c). Pub. L. 96–597 added subsec. (c).

1976—Subsec. (b). Pub. L. 94–587 increased limitation on annual appropriation authorization to $4,000,000 from $2,000,000.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1980 Amendment

Pub. L. 96–597, title VI, § 605, Dec. 24, 1980, 94 Stat. 3482, provided that the amendment made by that section is effective Oct. 1, 1981.

### Planning Assistance to States

Pub. L. 116–260, div. AA, title I, § 156, Dec. 27, 2020, 134 Stat. 2661, provided that: “In carrying out section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16), the Secretary [of the Army] shall provide equal priority for all mission areas of the Corps of Engineers, including water supply and water conservation.”

### Executive Documents

### Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.