33 U.S.C. § 2223
Subject to subsection (b), the Secretary may apply credit for in-kind contributions provided by a non-Federal interest that are in excess of the required non-Federal cost share for a water resources development study or project toward the required non-Federal cost share for a different water resources development study or project.
On request of a non-Federal interest, the credit described in paragraph (1) may be applied prior to completion of a study or project, if the credit amount is verified by the Secretary.
A credit described in paragraph (1) for a study or project with multiple non-Federal interests may be applied to the required non-Federal cost share for a study or project of any such non-Federal interest, if each such non-Federal interest agrees in writing to such application.
Except for subsection (a)(4)(D)(i) of that section, the requirements of section 1962d-5b of title 42 (as amended by section 1018(a)) shall apply to any credit under this section.
Credit in excess of the non-Federal share for a study or project may be approved under this section only if-
Notwithstanding paragraph (2)(A)(ii), the Secretary may approve credit in excess of the non-Federal share for a study or project prior to the identification of each authorized study or project to which the excess credit will be applied, subject to the condition that the non-Federal interest agrees to submit for approval by the Secretary an amendment to the comprehensive plan prepared under paragraph (2) that identifies each authorized study or project in advance of execution of the feasibility cost-sharing agreement or project partnership agreement for that authorized study or project.
In evaluating a request to apply credit in excess of the non-Federal share for a study or project toward a different study or project, the Secretary shall consider whether applying that credit will-
The authority provided in this section shall terminate on December 31, 2028.
Not later than 2 years after June 10, 2014, and once every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available an interim report on the use of the authority under this section.
Not later than December 31, 2028, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a final report on the use of the authority under this section.
The reports described in paragraph (1) shall include-
33 U.S.C. § 2223
EDITORIAL NOTES
REFERENCES IN TEXTSection 1018(a), referred to in subsec. (b)(1), means section 1018(a) of Pub. L. 113-121.
CODIFICATIONSection was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS2022-Subsec. (a)(3). Pub. L. 117-263, §8383(1), added par. (3). Subsec. (b)(3). Pub. L. 117-263, §8383(2), added par. (3).Subsec. (d). Pub. L. 117-263, §8383(3), substituted "on December 31, 2028" for "10 years after June 10, 2014". Subsec. (e)(1)(B). Pub. L. 117-263, §8383(4), substituted "December 31, 2028" for "10 years after June 10, 2014". 2016-Subsec. (a). Pub. L. 114-322 substituted "Application of credit" for "In general" in subsec. heading, designated existing provisions as par. (1) and inserted par. (1) heading, and added par. (2).
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.