33 U.S.C. § 2347b — Purpose and need

FEDERAL · 33 U.S.C. · Chapter SUBCHAPTER V—GENERAL PROVISIONS

Purpose and need

33 U.S.C. § 2347b

Title33 — Navigation and Navigable Waters

ChapterSUBCHAPTER V—GENERAL PROVISIONS

This text of 33 U.S.C. § 2347b (Purpose and need) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

33 U.S.C. § 2347b.

Text

(a)Purpose and need statements Not later than 90 days after the date of receipt of a complete application for a water storage project, the District Engineer shall develop and provide to the applicant a purpose and need statement that describes—

(A)whether the District Engineer concurs with the assessment of the purpose of and need for the water storage project proposed by the applicant; and

(B)in any case in which the District Engineer does not concur as described in subparagraph (A), an assessment by the District Engineer of the purpose of and need for the project. No environmental impact statement or environmental assessment required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall substantially commence with respect to a water storage project until t

Free access — add to your briefcase to read the full text and ask questions with AI

(a) Purpose and need statements
Not later than 90 days after the date of receipt of a complete application for a water storage project, the District Engineer shall develop and provide to the applicant a purpose and need statement that describes—
(A) whether the District Engineer concurs with the assessment of the purpose of and need for the water storage project proposed by the applicant; and
(B) in any case in which the District Engineer does not concur as described in subparagraph (A), an assessment by the District Engineer of the purpose of and need for the project.
No environmental impact statement or environmental assessment required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall substantially commence with respect to a water storage project until the date on which the District Engineer provides to the applicant a purpose and need statement as required under paragraph (1).
(b) Appeals request
A non-Federal interest may use the administrative appeals process described in part 331 of title 33, Code of Federal Regulations (or any succeeding regulation), in relation to a decision of the Secretary related to an application for a water storage project.

Source Credit

History

(Pub. L. 115–270, title I, §1126, Oct. 23, 2018, 132 Stat. 3779.)

Editorial Notes

Editorial Notes

References in Text
The National Environmental Policy Act of 1969, referred to in subsec. (a)(2), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Codification
Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the America's Water Infrastructure Act of 2018, 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 102 of Pub. L. 115–270, set out as a note under section 2201 of this title.

Cite This Page — Counsel Stack

Bluebook (online)

33 U.S.C. § 2347b, Counsel Stack Legal Research, https://law.counselstack.com/usc/33/2347b.