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DOD/COE RIN: 0710-AB34 Publication ID: Spring 2022 
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)), authorizes the US Army Corps of Engineers (Corps) to reduce the non-Federal share of the cost of a study or project for certain communities that are not able financially to afford the standard non-Federal cost-share. Part 241 of title 33 in the Code of Federal Regulations provides the criteria that the Corps uses in making these determinations where the primary purpose of the study or project is flood damage reduction. The proposed rule would update this regulation, including by broadening its applicability by including projects with other purposes (instead of just flood damage reduction) and by including the feasibility study of a project (instead of just design and construction).

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 
CFR Citation: 33 CFR 241   
Legal Authority: 33 U.S.C. 2213(m)   
Legal Deadline:  None
Action Date FR Cite
NPRM  01/00/2023 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Related RINs: Previously reported as 0710-AA91 
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