# § 701s. Small flood control projects; appropriations; amount limitation for single locality; conditions
section 2289a(a) of this titlesection 701a of this titlesection 701c of this title
The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter made for flood control, not to exceed $90,000,000 for any one fiscal year, for the implementation of small structural and nonstructural projects, and projects that use natural features or nature-based features (as those terms are defined in ), for flood control and related purposes not specifically authorized by Congress, which come within the provisions of , when in the opinion of the Chief of Engineers such work is advisable. The amount allotted for a project shall be sufficient to complete Federal participation in the project. Not more than $15,000,000 shall be allotted under this section for a project at any single locality. The provisions of local cooperation specified in shall apply. The work shall be complete in itself and not commit the United States to any additional improvement to insure its successful operation, except as may result from the normal procedure applying to projects authorized after submission of preliminary examination and survey reports.
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**Source Credit**: (June 30, 1948, ch. 771, title II, § 205, 62 Stat. 1182; May 17, 1950, ch. 188, title II, § 212, 64 Stat. 183; July 11, 1956, ch. 558, 70 Stat. 522; Pub. L. 87–874, title II, § 205, Oct. 23, 1962, 76 Stat. 1194; Pub. L. 93–251, title I, § 61, Mar. 7, 1974, 88 Stat. 29; Pub. L. 94–587, § 133(b), Oct. 22, 1976, 90 Stat. 2928; Pub. L. 97–140, § 2(a), Dec. 29, 1981, 95 Stat. 1717; Pub. L. 99–662, title IX, § 915(a), Nov. 17, 1986, 100 Stat. 4191; Pub. L. 106–53, title II, § 201, Aug. 17, 1999, 113 Stat. 285; Pub. L. 106–541, title II, § 218, Dec. 11, 2000, 114 Stat. 2596; Pub. L. 110–114, title II, § 2021, Nov. 8, 2007, 121 Stat. 1078; Pub. L. 113–121, title I, § 1030(e), June 10, 2014, 128 Stat. 1232; Pub. L. 115–270, title I, § 1157(e), Oct. 23, 2018, 132 Stat. 3794; Pub. L. 116–260, div. AA, title I, § 114, Dec. 27, 2020, 134 Stat. 2627; Pub. L. 118–272, div. A, title I, § 1107(j), Jan. 4, 2025, 138 Stat. 3005.)
## Editorial Notes
### Amendments
2025— substituted “$90,000,000” for “$68,750,000” and “$15,000,000” for “$10,000,000”.
2020— inserted “, and projects that use natural features or nature-based features (as those terms are defined in ),” after “nonstructural projects”.
2018— substituted “$68,750,000” for “$55,000,000” in first sentence.
2014— substituted “$10,000,000” for “$7,000,000” in third sentence.
2007— substituted “$55,000,000” for “$50,000,000” in first sentence.
2000— substituted “$50,000,000” for “$40,000,000” in first sentence.
1999—, in first sentence, substituted “implementation of small structural and nonstructural projects” for “construction of small projects” and, in third sentence, substituted “$7,000,000” for “$5,000,000”.
1986— substituted “$40,000,000” for “$30,000,000” and “$5,000,000” for “$4,000,000”.
1981— substituted “Not more than $4,000,000 shall be allotted under this section for a project at any single locality” for “Not more than $2,000,000 shall be allotted under this section for a project in any single locality, except that not more than $3,000,000 shall be allotted under this section for a project at a single locality if such project protects an area which has been declared to be a major disaster area pursuant to the Disaster Relief Act of 1966 or the Disaster Relief Act of 1970 in the five-year period immediately preceding the date the Chief of Engineers deems such work advisable”.
1976— increased limitation on allotment for a project at a single locality from $1,000,000 to $2,000,000 and for such a project protecting a major disaster area from $2,000,000 to $3,000,000.
1974—, in revising provisions, increased fiscal year allotment to $30,000,000 from $25,000,000 and required allotment of $2,000,000 for a project at a single locality if such locality protects an area declared to be a major-disaster area pursuant to Disaster Relief Act of 1966 or Disaster Relief Act of 1970 in five-year period immediately preceding the date the Chief of Engineers deems such work advisable.
1962— substituted “$25,000,000” for “$10,000,000”, “projects for flood control and related purposes” for “flood control projects”, and provisions limiting the allotment for a single project to $1,000,000 and providing that such allotment shall be sufficient to complete Federal participation, for provisions limiting the allotment for any single project to $400,000 from the appropriations for any fiscal year.
1956—Act , substituted “$10,000,000” for “$3,000,000”, struck out “and not within areas intended to be protected by projects so authorized” before “which come within the provisions of ”, and substituted “$400,000” for “$150,000”.
1950—Act , substituted “$3,000,000” for “$2,000,000” and “$150,000” for “$100,000”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 1986 Amendment
Amendment by not applicable to any project under contract for construction on , see , set out as a note under .
### Effective Date of 1981 Amendment
> “The amendment made by this section [amending this section] shall not apply to any project under contract for construction on the date of enactment of this Act [
>
> ].”
, , , provided that:
### Effective Date of 1976 Amendment
Amendment by not applicable to any project under contract for construction on , see , set out as a note under .
### Ice Jam Prevention and Mitigation
> **“(a)** **In General.—** The Secretary [of the Army] may carry out projects under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), including planning, design, construction, and monitoring of structural and nonstructural technologies and measures, for preventing and mitigating flood damages associated with ice jams.
>
> **“(b)** **Inclusion.—** The projects described in subsection (a) may include the development and demonstration of cost-effective technologies and designs developed in consultation with—
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> **“(1)** the Cold Regions Research and Engineering Laboratory of the Corps of Engineers;
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> **“(2)** universities;
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> **“(3)** Federal, State, and local agencies; and
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> **“(4)** private organizations.
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> **“(c)** **Pilot Program.—**
>
> **“(1)** **In general.—** The Secretary shall identify and carry out not fewer than 20 projects under this section to demonstrate technologies and designs developed in accordance with this section.
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> **“(2)** **Project selection.—** The Secretary shall—
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> **“(A)** ensure that the projects are selected from all cold regions of the United States, including the Upper Missouri River Basin and the Northeast; and
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> **“(B)** select not fewer than one project to be carried out on a reservation (as defined in section 3 of the Indian Financing Act of 1974 [25 U.S.C. 1452]) that serves more than one Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5304]).”
, , , as amended by , , , provided that: