§ 3902 - Authority to provide assistance

CHAPTER 52— WATER INFRASTRUCTURE FINANCE AND INNOVATION

(a) The Secretary and the Administrator may provide financial assistance under this chapter to carry out projects, which shall be selected to ensure a diversity of project types and geographical locations.

(b)(1) The Secretary shall provide financial assistance to carry out all projects under this chapter that are eligible projects under section 3905(1) of this title.

(b)(2) The Administrator shall provide financial assistance to carry out all projects under this chapter that are eligible projects under paragraphs (2), (3), (4), (5), (6), (7), and (9) of section 3905 of this title.

(b)(3) The Secretary or the Administrator, as applicable, may carry out eligible projects under paragraph (8) or (10) of section 3905 of this title.

Notes

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–270, § 4201(a)(1)(A), struck out “pilot” before “projects”.

Subsec. (b)(1). Pub. L. 115–270, § 4201(a)(1), substituted “provide financial assistance to carry out all projects” for “carry out all pilot projects”.

Subsec. (b)(2). Pub. L. 115–270, § 4201(a)(1)(A), struck out “pilot” after “all”.

2016—Subsec. (b)(2). Pub. L. 114–322, § 5008(b)(2)(A)(i), substituted “(7), and (9)” for “and (8)”.

Pub. L. 114–322, § 5008(a), substituted “provide financial assistance to carry out” for “carry out”.

Subsec. (b)(3). Pub. L. 114–322, § 5008(b)(2)(A)(ii), substituted “paragraph (8) or (10)” for “paragraph (7) or (9)”.

Statutory Notes and Related Subsidiaries

Rulemaking Process

Pub. L. 119–74, div. B, title I, Jan. 23, 2026, 140 Stat. 66, provided in part: “That not later than 60 days after the date of enactment of this Act [Jan. 23, 2026], the Secretary [of the Army] shall begin a rulemaking process to establish the process to provide financial assistance for projects to construct, maintain, upgrade, and repair levees and ancillary features with a primary owner type of State, municipal, county, private, or other non-Federal entity”.

“Secretary” Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.