The Water Supply Act of 1958, as amended, referred to in subsec. (h), is Pub. L. 85–500, title III, § 301, July 3, 1958, 72 Stat. 319, as amended, which is classified to section 390b of Title 43, Public Lands.

Section was enacted as part of the Flood Control Act of 1970, and not as part of the Water Resources Planning Act which comprises this chapter.

2018—Subsec. (b)(1). Pub. L. 115–270 substituted “(including an Indian tribe and a tribal organization (as those terms are defined in section 5304 of title 25)); or” for “(including a federally recognized Indian tribe and, as defined in section 1602 of title 43, a Native village, Regional Corporation, and Village Corporation); or”.

Subsec. (b)(1). Pub. L. 114–322 inserted “and, as defined in section 1602 of title 43, a Native village, Regional Corporation, and Village Corporation” after “Indian tribe”.

2014—Subsec. (a)(4)(A). Pub. L. 113–121, § 1018(a)(1), inserted “or a project under an environmental infrastructure assistance program” after “law” in introductory provisions.

Subsec. (a)(4)(C). Pub. L. 113–121, § 1018(a)(2), added text of subpar. (C) and struck out text of former subpar. (C) which read as follows: “In any case in which the non-Federal interest is to receive credit under subparagraph (A)(ii) for the cost of work carried out by the non-Federal interest and such work has not been carried out as of November 8, 2007, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work, and only work carried out following the execution of the agreement shall be eligible for credit.”

Subsec. (a)(4)(D)(iii). Pub. L. 113–121, § 1018(a)(3), substituted “sections 2211(a)(2) and 2213(a)(1)(A) of title 33” for “sections 2211 and 2213 of title 33”.

Subsec. (a)(4)(E) to (H). Pub. L. 113–121, § 1018(a)(4), (5), added subpars. (E) to (G) and redesignated former subpar. (E) as (H).

Subsec. (a)(4)(H)(i). Pub. L. 113–121, § 1018(a)(6)(A), inserted “, and to water resources projects authorized prior to November 17, 1986, if correction of design deficiencies is necessary” before period at end.

Subsec. (a)(4)(H)(ii). Pub. L. 113–121, § 1018(a)(6)(B), added cl. (ii) and struck out former cl. (ii). Prior to amendment, text read as follows: “In any case in which a specific provision of law provides for a non-Federal interest to receive credit toward the non-Federal share of the cost of a study for, or construction or operation and maintenance of, a water resources project, the specific provision of law shall apply instead of this paragraph.”

2007—Pub. L. 110–114, § 2003(a)(1), inserted section catchline.

Subsec. (a). Pub. L. 110–114, § 2003(a)(2), added subsec. (a) and struck out former subsec. (a), which read as follows: “After December 31, 1970, the construction of any water resources project, or an acceptable separable element thereof, by the Secretary of the Army, acting through the Chief of Engineers, or by a non-Federal interest where such interest will be reimbursed for such construction under the provisions of section 1962d–5a of this title or under any other provision of law, shall not be commenced until each non-Federal interest has entered into a written agreement with the Secretary of the Army to furnish its required cooperation for the project or the appropriate element of the project, as the case may be; except that no such agreement shall be required if the Secretary determines that the administrative costs associated with negotiating, executing, or administering the agreement would exceed the amount of the contribution required from the non-Federal interest and are less than $25,000. In any such agreement entered into by a State, or a body politic of the State which derives its powers from the State constitution, or a governmental entity created by the State legislature, the agreement may reflect that it does not obligate future appropriations for such performance and payment when obligating future appropriations would be inconsistent with constitutional or statutory limitations of the State or a political subdivision of the State.”

Subsec. (b). Pub. L. 110–114, § 2003(b), inserted heading and amended text generally. Prior to amendment, text read as follows: “A non-Federal interest shall be a legally constituted public body with full authority and capability to perform the terms of its agreement and to pay damages, if necessary, in the event of failure to perform.”

Subsecs. (e) to (h). Pub. L. 110–114, § 2003(c), added subsecs. (e) to (g) and redesignated former subsec. (e) as (h).

2000—Subsec. (a). Pub. L. 106–541 in last sentence, struck out “State legislative” after “obligate future”, substituted “constitutional” for “State constitutional”, and inserted “of the State or a political subdivision of the State” before period at end.

1996—Subsec. (a). Pub. L. 104–303, in first sentence, inserted before period at end “; except that no such agreement shall be required if the Secretary determines that the administrative costs associated with negotiating, executing, or administering the agreement would exceed the amount of the contribution required from the non-Federal interest and are less than $25,000”.

Subsecs. (e), (f). Pub. L. 104–106 redesignated subsec. (f) as (e) and struck out former subsec. (e) which read as follows: “The Secretary of the Army, acting through the Chief of Engineers, shall maintain a continuing inventory of agreements and the status of their performance, and shall report thereon annually to the Congress.”

1986—Subsec. (a). Pub. L. 99–662 inserted “, or an acceptable separable element thereof,”, “or the appropriate element of the project, as the case may be”, and “In any such agreement entered into by a State, or a body politic of the State which derives its powers from the State constitution, or a governmental entity created by the State legislature, the agreement may reflect that it does not obligate future State legislative appropriations for such performance and payment when obligating future appropriations would be inconsistent with State constitutional or statutory limitations.”

1971—Subsec. (f). Pub. L. 92–222 made provisions of section inapplicable to the assurances for future demands required by the Water Supply Act of 1958, as amended.

Pub. L. 113–121, title I, § 1018(c), June 10, 2014, 128 Stat. 1226, provided that: “The amendments made by subsections (a) and (b) [amending this section and provisions set out as a note under this section] take effect on November 8, 2007.”

Pub. L. 110–114, title II, § 2003(e), Nov. 8, 2007, 121 Stat. 1070, as amended by Pub. L. 113–121, title I, § 1018(b), June 10, 2014, 128 Stat. 1225, provided that: “The amendments made by subsections (a), (b), and (d) [amending this section and provisions set out as a note under this section] only apply to partnership agreements entered into after the date of enactment of this Act [Nov. 8, 2007]; except that, at the request of a non-Federal interest for a project, the district engineer for the district in which the project is located may amend a project partnership agreement entered into on or before such date and under which construction on the project, or construction of design deficiency corrections on the project, has not been initiated, or under which construction of the project has not been completed and the work to be performed by the non-Federal interests has not been carried out and is creditable only toward any remaining non-Federal cost share, as of such date of enactment for the purpose of incorporating such amendments.”

Pub. L. 115–270, title I, § 1164, Oct. 23, 2018, 132 Stat. 3797, provided that: “With the consent of the non-Federal interest for a feasibility study for a water resources development project, the Secretary [of the Army] may enter into a written agreement under section 221(a) of the Flood Control Act of 1970 [42 U.S.C. 1962d–5b(a)], with a unit of local government in the watershed that has adopted a local or regional water management plan, to allow the unit of local government to participate in the feasibility study to determine if there is an opportunity to include additional feasible elements in the project in order to help achieve the purposes identified in the local or regional water management plan.”

Pub. L. 114–322, title I, § 1116, Dec. 16, 2016, 130 Stat. 1639, as amended by Pub. L. 117–263, div. H, title LXXXI, § 8107, Dec. 23, 2022, 136 Stat. 3700, provided that:

Pub. L. 113–121, title I, § 1018(d), June 10, 2014, 128 Stat. 1226, provided that:

Pub. L. 113–121, title I, § 1018(e), June 10, 2014, 128 Stat. 1226, provided that: “Nothing in section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) (as amended by subsection (a)) affects any eligibility for credit under section 104 of the Water Resources Development [Act] of 1986 (33 U.S.C. 2214) that was approved by the Secretary [of the Army] prior to the date of enactment of this Act [June 10, 2014].”

Pub. L. 110–114, title II, § 2003(f), Nov. 8, 2007, 121 Stat. 1070, provided that:

Pub. L. 99–662, title IX, § 912(b), Nov. 17, 1986, 100 Stat. 4190, as amended by Pub. L. 110–114, title II, § 2003(d), Nov. 8, 2007, 121 Stat. 1070, provided that: