Report to Congress on authorized studies and projects

33 U.S.C. § 2282d–1

• Title: 33 — Navigation and Navigable Waters
• Chapter: 36 — WATER RESOURCES DEVELOPMENT
• Subchapter: V
• Current through: Pub. L. 119-99

Text

(a) In general
Not later than February 1 of each year, the Secretary shall develop and submit to Congress an annual report, to be entitled "Report to Congress on Authorized Water Resources Development Projects and Studies", that identifies—
(1) ongoing or new feasibility studies, authorized within the previous 20 years, for which a Report of the Chief of Engineers has not been issued;
(2) authorized feasibility studies for projects in the preconstruction, engineering and design phase;
(3) ongoing or new water resources development projects authorized for construction within the previous 20 years; and
(4) authorized and constructed water resources development projects the Secretary has the responsibility to operate or maintain.
(b) Contents
(1) Inclusions
(A) Criteria
The Secretary shall include in each report submitted under this section only a feasibility study or water resources development project—
(i) that has been authorized by Congress to be carried out by the Secretary and does not require any additional congressional authorization to be carried out;
(ii) that the Secretary has the capability to carry out if funds are appropriated for such study or project under any of the "Investigations", "Construction", "Operation and Maintenance", or "Mississippi River and Tributaries" appropriations accounts for the Corps of Engineers; and
(iii) for which a non-Federal interest—
(I) in the case of a study or a project other than a project for which funds may be appropriated for operation and maintenance, has entered into a feasibility cost-sharing agreement, design agreement, or project partnership agreement with the Corps of Engineers, or has informed the Secretary that the non-Federal interest has the financial capability to enter into such an agreement within 1 year; and
(II) demonstrates the legal and financial capability to satisfy the requirements for local cooperation with respect to the study or project.
(B) Description of benefits
(i) Description
The Secretary shall, to the maximum extent practicable, describe in each report submitted under this section the benefits, as described in clause (ii), of each feasibility study and water resources development project included in the report.
(ii) Benefits
The benefits referred to in clause (i) are benefits to—
(I) the protection of human life and property;
(II) improvement to transportation;
(III) the national, regional, or local economy;
(IV) the environment; or
(V) the national security interests of the United States.
(2) Transparency
The Secretary shall include in each report submitted under this section, for each feasibility study and water resources development project included in the report—
(A) the name of the associated non-Federal interest, including the name of any non-Federal interest that has contributed, or is expected to contribute, a non-Federal share of the cost of the study or project;
(B) the purpose of the study or project;
(C) an estimate, to the extent practicable, of the Federal, non-Federal, and total costs of the study or project, including, to the extent practicable, the fully funded capability of the Corps of Engineers for—
(i) the 3 fiscal years following the fiscal year in which the report is submitted, in the case of a feasibility study; and
(ii) the 5 fiscal years following the fiscal year in which the report is submitted, in the case of a water resources development project; and
(D) an estimate, to the extent practicable, of the monetary and nonmonetary benefits of the study or project.
(3) Certification
The Secretary shall include in each report submitted under this section a certification stating that each feasibility study or water resources development project included in the report meets the criteria described in paragraph (1)(A).
(4) Omissions
(A) Limitation
The Secretary shall not omit from a report submitted under this section a study or project that otherwise meets the criteria for inclusion in the report solely on the basis of a policy of the Secretary.
(B) Appendix
If the Secretary omits from a report submitted under this section a study or project that otherwise meets the criteria for inclusion in the report, the Secretary shall include with the report an appendix that lists the name of the study or project and reason for its omission.
(c) Submission to Congress; publication
(1) Submission to Congress
The Secretary may submit a report under this section in conjunction with the submission of the annual report under section 2282d of this title.
(2) Publication
On submission of each report under this section, the Secretary shall make the report publicly available, including through publication on the internet.
(d) Definitions
In this section:
(1) Non-Federal interest
The term "non-Federal interest" has the meaning given that term in section 1962d–5b of title 42.
(2) Water resources development project
The term "water resources development project" includes a separable element of a project, a project under an environmental infrastructure assistance program, and a project the authorized purposes of which include water supply.

History

(Pub. L. 116–260, div. AA, title II, §222, Dec. 27, 2020, 134 Stat. 2694.)

Editorial Notes

Editorial Notes

Codification
Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Statutory Notes and Related Subsidiaries

"Secretary" Defined
Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.