33 U.S.C. § 701n
Emergency response to natural disasters
United States · Title 33 — NAVIGATION AND NAVIGABLE WATERS · Status: effective
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- Citation
- 33 U.S.C. § 701n, Emergency response to natural disasters, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/468645
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Full text
In preparing a cost and benefit feasibility assessment for any emergency project described in paragraph (1), the Chief of Engineers shall consider the benefits to be gained by such project for the protection of—
The Chief of Engineers may carry out repair or restoration work described in paragraph (1) that does not produce benefits greater than the cost if—
the Secretary determines that—
For purposes of this subsection—
Not later than 1 year after October 12, 1996, in accordance with chapter 5 of title 5, the Secretary of the Army shall prepare a manual describing the maintenance and upkeep responsibilities that the Corps of Engineers requires of a non-Federal interest in order for the non-Federal interest to receive Federal assistance under this section. The Secretary shall provide a copy of the manual at no cost to each non-Federal interest that is eligible to receive Federal assistance under this section.
Notwithstanding the status of compliance of a non-Federal interest with the requirements of a levee owner’s manual described in paragraph (1), or any other eligibility requirement established by the Secretary related to the maintenance and upkeep responsibilities of the non-Federal interest, the Secretary shall consider the non-Federal interest to be eligible for repair and rehabilitation assistance under this section if—
in coordination with the Secretary, the non-Federal interest develops a systemwide improvement plan, prior to the natural disaster, that—
the Secretary—
At the request of the non-Federal interest, the Secretary—
There is authorized to be appropriated $1,000,000 to carry out paragraph (1).
In this subsection, the following definitions apply:
The term “covered encroachment” means a permanent nonproject structure that—
The term “maintenance and upkeep” means all maintenance and general upkeep of a levee performed on a regular and consistent basis that is not repair and rehabilitation.
The term “repair and rehabilitation”—
does not include—
In conducting repair or restoration work under subsection (a), at the request of the non-Federal sponsor, the Chief of Engineers may increase the level of protection above the level to which the system was designed, or, if the repair or restoration includes repair or restoration of a pumping station, increase the capacity of a pump, if—
the Chief of Engineers determines the improvements are in the public interest, including consideration of whether—
The Secretary shall notify and consult with the non-Federal sponsor regarding the opportunity to request implementation of nonstructural alternatives to the repair or restoration of a flood control work under subsection (a).
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.
- Water Resources Development ActHouse: no recorded tallySenate: no recorded tally
- A bill to amend the Disaster Relief Act of 1974 to provide for authorization of appropriations thereunder through fiscal year 1978.House: no recorded tallySenate: no recorded tally
- Water Resources Development Act of 1986House: no recorded tallySenate: no recorded tally
- Farm Disaster Assistance Act of 1987House: no recorded tallySenate: no recorded tally
- Major Disaster Relief and Emergency Assistance Amendments of 1987House: no recorded tallySenate: no recorded tally
- Water Resources Development Act of 1990House: no recorded tallySenate: no recorded tally
- Water Resources Development Act of 1996House: no recorded tallySenate: no recorded tally
- Water Resources Reform and Development Act of 2014
- WIIN ActHouse: 360–61Senate: no recorded tally
- America's Water Infrastructure Act of 2018House: no recorded tallySenate: no recorded tally
- Consolidated Appropriations Act, 2021House: no recorded tallySenate: no recorded tally
- James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
- Thomas R. Carper Water Resources Development Act of 2024House: 399–18Senate: no recorded tally