33 U.S.C. § 2347a — Determination of project completion

FEDERAL · 33 U.S.C. · Chapter 36

Determination of project completion

Current through Pub. L. 119-102

Title 33 — Navigation and Navigable Waters·Ch. 36 — WATER RESOURCES DEVELOPMENT·Subch. V

(a)In general The Secretary shall notify the applicable non-Federal interest when construction of a water resources project or a functional portion of the project is completed so the non-Federal interest may commence responsibilities, as applicable, for operating and maintaining the project.

(b)Non-Federal interest appeal of determination

(1)In general Not later than 7 days after receiving a notification under subsection (a), the non-Federal interest may appeal the completion determination of the Secretary in writing with a detailed explanation of the basis for questioning the completeness of the project or functional portion of the project.

(2)Independent review

(A)In general On notification that a non-Federal interest has submitted an appeal under paragraph (1), the Secretary shall

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(a) In general
The Secretary shall notify the applicable non-Federal interest when construction of a water resources project or a functional portion of the project is completed so the non-Federal interest may commence responsibilities, as applicable, for operating and maintaining the project.
(b) Non-Federal interest appeal of determination
(1) In general
Not later than 7 days after receiving a notification under subsection (a), the non-Federal interest may appeal the completion determination of the Secretary in writing with a detailed explanation of the basis for questioning the completeness of the project or functional portion of the project.
(2) Independent review
(A) In general
On notification that a non-Federal interest has submitted an appeal under paragraph (1), the Secretary shall contract with 1 or more independent, non-Federal experts to evaluate whether the applicable water resources project or functional portion of the project is complete.
(B) Timeline
An independent review carried out under subparagraph (A) shall be completed not later than 180 days after the date on which the Secretary receives an appeal from a non-Federal interest under paragraph (1).

33 U.S.C. § 2347a (Determination of project completion) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Source Credit

History

(Pub. L. 113–121, title I, §1010, June 10, 2014, 128 Stat. 1217.)

Editorial Notes

Editorial Notes

Codification
Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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 Pub. L. 113–121, set out as a note under section 2201 of this title.