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DOD/COE RIN: 0710-AA91 Publication ID: Fall 2020 
Title: Flood Control Cost-Sharing Requirements Under the Ability to Pay Provision 

Section 103(m) of the Water Resources Development Act (WRDA) of 1986, as amended (33 U.S.C. 2213(m)), was enacted to provide financial relief in cases where communities have economic hardship and the project meets the criteria for the ability to pay provision. In such cases, the project will be cost shared during study, or design and construction, at a lower non-Federal level than the Federal standard for cost sharing. Section 103(m) as originally enacted provided that any cost sharing agreement under section 103 of WRDA 1986 for flood control or agricultural water supply must be subject to the ability of a non-Federal interest to pay. Section 103(m) was subsequently amended by section 305 of WRDA 1990 and section 201 of WRDA 1992 for the same project purposes but with additional direction regarding implementing procedures. Present part 241 was promulgated in 54 FR 40581 (October 2, 1989) and amended in 60 FR 5134 (January 26, 1995) to implement this law specific to the flood control purpose. Subsequently, section 103(m) was amended by section 202(b) of WRDA 1996, section 204 of WRDA 2000, and section 2019 of WRDA 2007. The WRDA 2000 amendment broadened the project purposes for which feasibility or construction cost sharing agreements must apply the ability to pay provision to: environmental protection and restoration, navigation, storm damage protection, shoreline erosion, hurricane protection, and recreation as well as flood control and agricultural water supply. The proposed rule would make part 241, which has not been changed since 1995, consistent with current statutory law.

Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
EO 13771 Designation: Deregulatory 
CFR Citation: 33 CFR 241   
Legal Authority: 33 U.S.C. 2213(m)   
Legal Deadline:  None
Action Date FR Cite
NPRM  07/00/2021 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Amy Frantz
Program Manager
Department of Defense
U.S. Army Corps of Engineers
CECW-P, 441 G Street, NW,
Washington, DC 20314
Phone:202 761-0106