33 U.S.C. § 2289b — Stormwater management projects

1. (a)In generalThe Secretary shall establish a program to carry out studies and projects to control, retain, and reuse stormwater associated with flood control efforts, in partnership with non-Federal interests.
2. (b)Requirements
   1. (1)PrioritizationIn carrying out this section, the Secretary shall prioritize studies and projects that improve urban flood control efforts, including through the management of stormwater that flows at a rate of less than 800 cubic feet per second for the 10-percent flood.
   2. (2)Use of natural and nature-based featuresIn carrying out a project under this section, the Secretary shall, to the maximum extent practicable, seek to incorporate natural features and nature-based features (as those terms are defined in section 2289a(a) of this title).
   3. (3)ConsiderationIn carrying out a project under this section, the Secretary shall, where appropriate, maximize the use of features for the reclamation, recycling, and reuse of flood water and stormwater associated with the project.
   4. (4)Items provided by non-Federal interest
      1. (A)In generalThe non-Federal interest for a project carried out under this section shall provide all land, easements, rights-of-way, and relocations necessary for the project.
      2. (B)CreditThe value of the land, easements, rights-of-way, and relocations provided under subparagraph (A) shall be credited toward the non-Federal share of the cost of the project.
   5. (5)AgreementsConstruction of a project under this section shall be initiated only after a non-Federal interest has entered into a binding agreement with the Secretary to pay—
      1. (A)the non-Federal share of the costs of construction required under this section; and
      2. (B)100 percent of any operation, maintenance, replacement, and rehabilitation costs associated with the project, in accordance with regulations prescribed by the Secretary.
3. (c)Cost-share
   1. (1)StudySubject to paragraph (3), the Federal share of the cost of a study carried out under this section shall be 50 percent, except that the first $100,000 of the cost of the study shall be at Federal expense.
   2. (2)ConstructionSubject to paragraph (3), the non-Federal share of the cost of a project carried out under this section shall be 35 percent.
   3. (3)LimitationThe total Federal amount expended for a study or project under this section shall be not more than $10,000,000.
4. (d)Authorization of appropriationsThere is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each fiscal year.