1. U.S. Code
  2. title 33
  3. chapter 36
  4. subchapter V
  5. § 2294

Collapse to view only § 2294. Office of Environmental Policy

§ 2280. Maximum cost of projects
(a) In generalIn order to insure against cost overruns, each total cost set forth with respect to a project for water resources development and conservation and related purposes authorized to be carried out by the Secretary in this Act or in a law enacted after the date of the enactment of this Act, including the Water Resources Development Act of 1988, or in an amendment made by this Act or any later law with respect to such a project shall be the maximum cost of that project, except that such maximum amount—
(1) may be increased by the Secretary for modifications which do not materially alter the scope or functions of the project as authorized, but not by more than 20 percent of the total cost stated for the project in this Act, in any later law, or in an amendment made by this Act or any later law; and
(2) shall be automatically increased for—
(A) changes in construction costs applied to unconstructed features (including real property acquisitions, preconstruction studies, planning, engineering, and design) from the date of enactment of this Act or any later law (unless otherwise specified) as indicated by engineering and other appropriate cost indexes; and
(B) additional studies, modifications, and actions (including mitigation and other environmental actions) authorized by this Act or any later law or required by changes in Federal law.
(b) Contributions by non-Federal interests
(Pub. L. 99–662, title IX, § 902, Nov. 17, 1986, 100 Stat. 4183; Pub. L. 100–676, § 3(b), Nov. 17, 1988, 102 Stat. 4014; Pub. L. 113–121, title I, § 1023, June 10, 2014, 128 Stat. 1228.)

CITE AS: 33 USC 2280

§ 2281. Matters to be addressed in planning
(a) In general
(b) Assessments
For all feasibility reports for water resources projects completed after December 31, 2007, the Secretary shall assess whether—
(1) the water resources project and each separable element is cost-effective; and
(2) the water resources project complies with Federal, State, and local laws (including regulations) and public policies.
(Pub. L. 99–662, title IX, § 904, Nov. 17, 1986, 100 Stat. 4185; Pub. L. 101–640, title III, § 315, Nov. 28, 1990, 104 Stat. 4641; Pub. L. 104–303, title II, § 231, Oct. 12, 1996, 110 Stat. 3704; Pub. L. 110–114, title II, § 2033(a), Nov. 8, 2007, 121 Stat. 1084.)

CITE AS: 33 USC 2281

§ 2281a. Tribal Liaison
(a) In general
(b) Duties
Each Tribal Liaison shall make recommendations to the applicable District Commander regarding, and be responsible for—
(1) removing barriers to access to, and participation in, Corps of Engineers programs for Tribal communities, including by improving implementation of section 2213(m) of this title;
(2) improving outreach to, and engagement with, Tribal communities about relevant Corps of Engineers programs and services;
(3) identifying and engaging with Tribal communities suffering from water resources challenges;
(4) improving, expanding, and facilitating government-to-government consultation between Tribal communities and the Corps of Engineers;
(5) coordinating and implementing all relevant Tribal consultation policies and associated guidelines, including the requirements of section 2356 of title;
(6) training and tools to facilitate the ability of Corps of Engineers staff to effectively engage with Tribal communities in a culturally competent manner, especially in regards to lands of ancestral, historic, or cultural significance to a Tribal community, including burial sites; and
(7) such other issues identified by the Secretary.
(c) Uniformity
Not later than 120 days after December 23, 2022, the Secretary shall finalize guidelines for—
(1) a position description for Tribal Liaisons; and
(2) required qualifications for Tribal Liaisons, including experience and expertise relating to Tribal communities and water resource issues.
(d) Funding
(e) Definitions
In this section:
(1) Tribal community
(2) Tribal Liaison
The term “Tribal Liaison” means a permanent employee of a Corps of Engineers district whose primary responsibilities are to—
(A) serve as a direct line of communication between the District Commander and the Tribal communities within the boundaries of the Corps of Engineers district; and
(B) ensure consistency in government-to-government relations.
(Pub. L. 117–263, div. H, title LXXXI, § 8112, Dec. 23, 2022, 136 Stat. 3704.)

CITE AS: 33 USC 2281a

§ 2281b. Corps of Engineers support for underserved communities; outreach
(a) In general
(b) Outreach and access
(1) In generalThe Secretary shall, at Federal expense, develop, support, and implement public awareness, education, and regular outreach and engagement efforts for potential non-Federal interests with respect to the water resources development authorities of the Secretary, with particular emphasis on—
(A) technical service programs, including the authorities under—
(i)section 709a of this title;
(ii)section 1962d–16 of title 42; and
(iii)section 2269 of this title; and
(B) continuing authority programs, as such term is defined in section 2282d(c)(1)(D) of this title.
(2) ImplementationIn carrying out this subsection, the Secretary shall—
(A) develop and make publicly available (including on a publicly available website), technical assistance materials, guidance, and other information with respect to the water resources development authorities of the Secretary;
(B) establish and make publicly available (including on a publicly available website), an appropriate point of contact at each district and division office of the Corps of Engineers for inquiries from potential non-Federal interests relating to the water resources development authorities of the Secretary;
(C) conduct regular outreach and engagement, including through hosting seminars and community information sessions, with local elected officials, community organizations, and previous and potential non-Federal interests, on opportunities to address local water resources challenges through the water resources development authorities of the Secretary;
(D) issue guidance for, and provide technical assistance through technical service programs to, non-Federal interests to assist such interests in pursuing technical services and developing proposals for water resources development projects; and
(E) provide, at the request of a non-Federal interest, assistance with researching and identifying existing project authorizations or authorities to address local water resources challenges.
(3) Prioritization
(4) Authorization of appropriations
(Pub. L. 117–263, div. H, title LXXXI, § 8117, Dec. 23, 2022, 136 Stat. 3709.)

CITE AS: 33 USC 2281b

§ 2282. Feasibility reports
(a) Preparation of reports
(1) In general
(2) Contents of feasibility reports
(3) ApplicabilityThis subsection shall not apply to—
(A) any study with respect to which a report has been submitted to Congress before November 17, 1986;
(B) any study for a project, which project is authorized for construction by this Act and is not subject to section 903(b); 1
1 See References in Text note below.
(C) any study for a project which does not require specific authorization by Congress in law or otherwise; and
(D) general studies not intended to lead to recommendation of a specific water resources project.
(4) Feasibility report defined
(b) Federal interest determination
(1) In general
(A) Economically disadvantaged communities
(B) Other communities
(2) Cost shareThe costs of a determination under paragraph (1)—
(A) shall be at Federal expense; and
(B) shall not exceed $200,000.
(3) Deadline
(4) Treatment
(A) Timing
(B) Cost
(5) Report to non-Federal interest
(c) Projects not specifically authorized by Congress
(d) Indian tribes
(e) Standard and uniform procedures and practices
(f) Enhanced public participation
(1) In general
(2) Membership
(3) Limitation
(g) Detailed project schedule
(1) In general
(2) Detailed project schedule milestones
(3) Non-Federal interest notificationEach District Engineer shall submit by certified mail the detailed project schedule under paragraph (2) to each relevant non-Federal interest—
(A) for projects that have received funding from the General Investigations Account of the Corps of Engineers in the period beginning on October 1, 2009, and ending on June 10, 2014, not later than 180 days after the establishment of milestones under paragraph (1); and
(B) for projects for which a feasibility cost-sharing agreement is executed after the establishment of milestones under paragraph (1), not later than 90 days after the date on which the agreement is executed.
(4) Congressional and public notificationBeginning in the first full fiscal year after June 10, 2014, the Secretary shall—
(A) submit an annual report that lists all detailed project schedules under paragraph (2) and an explanation of any missed deadlines to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and
(B) make publicly available, including on the Internet, a copy of the annual report described in subparagraph (A) not later than 14 days after date 2
2 So in original. Probably should be preceded by “the”.
on which a report is submitted to Congress.
(5) Failure to actIf a District Engineer fails to meet any of the deadlines in the project schedule under paragraph (2), the District Engineer shall—
(A) not later than 30 days after each missed deadline, submit to the non-Federal interest a report detailing—
(i) why the District Engineer failed to meet the deadline; and
(ii) a revised project schedule reflecting amended deadlines for the feasibility study; and
(B) not later than 30 days after each missed deadline, make publicly available, including on the Internet, a copy of the amended project schedule described in subparagraph (A)(ii).
(Pub. L. 99–662, title IX, § 905,

CITE AS: 33 USC 2282

§ 2282a. Planning
(a) Omitted
(b) Planning process improvementsThe Chief of Engineers—
(1) shall adopt a risk analysis approach to project cost estimates for water resources projects; and
(2) not later than one year after November 8, 2007, shall—
(A) issue procedures for risk analysis for cost estimation for water resources projects; and
(B) submit to Congress a report that includes any recommended amendments to section 2280 of this title.
(c) Benchmarks
(1) In general
(2) Benchmark goals
(d) Calculation of benefits and costs for flood damage reduction projectsA feasibility study for a project for flood damage reduction shall include, as part of the calculation of benefits and costs—
(1) a calculation of the residual risk of flooding following completion of the proposed project;
(2) a calculation of the residual risk of loss of human life and residual risk to human safety following completion of the proposed project;
(3) a calculation of any upstream or downstream impacts of the proposed project; and
(4) calculations to ensure that the benefits and costs associated with structural and nonstructural alternatives are evaluated in an equitable manner.
(e) Centers of specialized planning expertise
(1) Establishment
(2) DutiesA center of expertise established under this subsection shall—
(A) provide technical and managerial assistance to district commanders of the Corps of Engineers for project planning, development, and implementation;
(B) provide agency peer reviews of new major scientific, engineering, or economic methods, models, or analyses that will be used to support decisions of the Secretary with respect to feasibility studies for water resources projects;
(C) provide support for independent peer review panels under section 2343 of this title; and
(D) carry out such other duties as are prescribed by the Secretary.
(3) Deep draft navigation planning center of expertise
(A) In general
(B) List
(f) Completion of Corps of Engineers reports
(1) Alternatives
(A) In generalFeasibility and other studies and assessments for a water resources project shall include recommendations for alternatives—
(i) that, as determined in coordination with the non-Federal interest for the project, promote integrated water resources management; and
(ii) for which the non-Federal interest is willing to provide the non-Federal share for the studies or assessments.
(B) Constraints
(C) Reports of Chief of Engineers
(2) Report completion
(A) shall not be delayed while consideration is being given to potential changes in policy or priority for project consideration; and
(B) shall be submitted, on completion, to—
(i) the Committee on Environment and Public Works of the Senate; and
(ii) the Committee on Transportation and Infrastructure of the House of Representatives.
(g) Completion review
(1) In generalExcept as provided in paragraph (2), not later than 120 days after the date of completion of a report of the Chief of Engineers that recommends to Congress a water resources project, the Secretary shall—
(A) review the report; and
(B) provide any recommendations of the Secretary regarding the water resources project to Congress.
(2) Prior reports
(Pub. L. 110–114, title II, § 2033, Nov. 8, 2007, 121 Stat. 1084; Pub. L. 113–121, title II, § 2103, June 10, 2014, 128 Stat. 1278.)

CITE AS: 33 USC 2282a

§ 2282b. Submission of reports to Congress

Beginning on January 17, 2014, and hereafter, not later than 120 days after the date of the Chief of Engineers Report on a water resource matter, the Assistant Secretary of the Army (Civil Works) shall submit the report to the appropriate authorizing and appropriating committees of the Congress.

(Pub. L. 113–76, div. D, title I, § 104, Jan. 17, 2014, 128 Stat. 157.)

CITE AS: 33 USC 2282b

§ 2282c. Vertical integration and acceleration of studies
(a) In general
To the extent practicable, a feasibility study initiated by the Secretary, after June 10, 2014, under section 2282(a) of this title shall—
(1) result in the completion of a final feasibility report not later than 3 years after the date of initiation;
(2) have a maximum Federal cost of $3,000,000; and
(3) ensure that personnel from the district, division, and headquarters levels of the Corps of Engineers concurrently conduct the review required under that section.
(b) Extension
If the Secretary determines that a feasibility study described in subsection (a) will not be conducted in accordance with subsection (a), the Secretary, not later than 30 days after the date of making the determination, shall—
(1) prepare an updated feasibility study schedule and cost estimate;
(2) notify the non-Federal feasibility cost-sharing partner that the feasibility study has been delayed; and
(3) provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives as to the reasons the requirements of subsection (a) are not attainable.
(c) Exception
(1) In general
(2) Factors
In making a determination that a study is too complex to comply with the requirements of subsection (a), the Secretary shall consider—
(A) the type, size, location, scope, and overall cost of the project;
(B) whether the project will use any innovative design or construction techniques;
(C) whether the project will require significant action by other Federal, State, or local agencies;
(D) whether there is significant public dispute as to the nature or effects of the project; and
(E) whether there is significant public dispute as to the economic or environmental costs or benefits of the project.
(3) Notification
(d) Reviews
Not later than 90 days after the date of the initiation of a study described in subsection (a) for a project, the Secretary shall—
(1) take all steps necessary to initiate the process for completing federally mandated reviews that the Secretary is required to complete as part of the study, including the environmental review process under section 1005;
(2) convene a meeting of all Federal, tribal, and State agencies identified under section 2348(e) of this title that may be required by law to conduct or issue a review, analysis, or opinion on or to make a determination concerning a permit or license for the study; and
(3) take all steps necessary to provide information that will enable required reviews and analyses related to the project to be conducted by other agencies in a thorough and timely manner.
(e) Interim report
Not later than 18 months after June 10, 2014, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that describes—
(1) the status of the implementation of the planning process under this section, including the number of participating projects;
(2) a review of project delivery schedules, including a description of any delays on those studies participating in the planning process under this section; and
(3) any recommendations for additional authority necessary to support efforts to expedite the feasibility study process for water resource projects.
(f) Final report
Not later than 4 years after June 10, 2014, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that describes—
(1) the status of the implementation of this section, including a description of each feasibility study subject to the requirements of this section;
(2) the amount of time taken to complete each feasibility study; and
(3) any recommendations for additional authority necessary to support efforts to expedite the feasibility study process, including an analysis of whether the limitation established by subsection (a)(2) needs to be adjusted to address the impacts of inflation.
(Pub. L. 113–121, title I, § 1001, June 10, 2014, 128 Stat. 1196; Pub. L. 115–270, title I, § 1330(b), Oct. 23, 2018, 132 Stat. 3827; Pub. L. 116–260, div. AA, title III, § 360(c), Dec. 27, 2020, 134 Stat. 2733.)

CITE AS: 33 USC 2282c

§ 2282d. Annual report to Congress
(a) In generalNot later than February 1 of each year, the Secretary shall develop and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual report, to be entitled “Report to Congress on Future Water Resources Development”, that identifies the following:
(1) Feasibility reports
(2) Proposed feasibility studies
(3) Proposed modificationsAny proposed modification to an authorized water resources development project or feasibility study that meets the criteria established in subsection (c)(1)(A) that—
(A) is submitted to the Secretary by a non-Federal interest pursuant to subsection (b); or
(B) is identified by the Secretary for authorization.
(4) Programmatic modifications
(b) Requests for proposals
(1) Publication
(2) Deadline for requests
(3) NotificationOn the date of publication of each notice required by this subsection, the Secretary shall—
(A) make the notice publicly available, including on the Internet; and
(B) provide written notification of the publication to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(c) Contents
(1) Feasibility reports, proposed feasibility studies, and proposed modifications
(A) Criteria for inclusion in reportThe Secretary shall include in the annual report only those feasibility reports, proposed feasibility studies, and proposed modifications to authorized water resources development projects and feasibility studies that—
(i) are related to the missions and authorities of the Corps of Engineers;
(ii) require specific congressional authorization, including by an Act of Congress;
(iii) have not been congressionally authorized;
(iv) have not been included in any previous annual report; and
(v) if authorized, could be carried out by the Corps of Engineers.
(B) Description of benefits
(i) Description
(ii) BenefitsThe benefits (or expected benefits, in the case of a proposed feasibility study) described in this clause 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.
(C) Identification of other factorsThe Secretary shall identify in the annual report, to the extent practicable—
(i) for each proposed feasibility study included in the annual report, the non-Federal interest that submitted the proposed feasibility study pursuant to subsection (b); and
(ii) for each proposed feasibility study and proposed modification to an authorized water resources development project or feasibility study included in the annual report, whether the non-Federal interest has demonstrated—(I) that local support exists for the proposed feasibility study or proposed modification to an authorized water resources development project or feasibility study (including the water resources development project that is the subject of the proposed feasibility study or the proposed modification to an authorized feasibility study); and(II) the financial ability to provide the required non-Federal cost share.
(D) Modifications of projects carried out pursuant to continuing authority programs
(i) In general
(ii) InclusionFor each proposed modification included in an annual report under clause (i), the Secretary shall include in the annual report—(I) a justification of why the modification is necessary;(II) an estimate of the total cost and timeline required to complete construction of the project; and(III) an indication of continued support by the non-Federal interest and the financial ability of the non-Federal interest to provide the required cost-share.
(iii) DefinitionFor the purposes of this subparagraph, the term “continuing authority program” means any of—(I)section 701r of this title;(II)section 426g of this title;(III)section 577 of this title;(IV)section 426i of this title;(V)section 2326 of this title;(VI)section 701s of this title;(VII)section 2330 of this title;(VIII)section 701g of this title; and(IX)section 2309a of this title.
(2) TransparencyThe Secretary shall include in the annual report, for each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study included under paragraph (1)(A)—
(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—
(i) the feasibility report;
(ii) the proposed feasibility study;
(iii) the authorized feasibility study for which the modification is proposed; or
(iv) construction of—(I) the water resources development project that is the subject of—(aa) the feasibility report;(bb) the proposed feasibility study; or(cc) the authorized feasibility study for which a modification is proposed; or(II) the proposed modification to an authorized water resources development project;
(B) a letter or statement of support for the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study from each associated non-Federal interest;
(C) the purpose of the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study;
(D) an estimate, to the extent practicable, of the Federal, non-Federal, and total costs of—
(i) the proposed modification to an authorized feasibility study; and
(ii) construction of—(I) the water resources development project that is the subject of—(aa) the feasibility report; or(bb) the authorized feasibility study for which a modification is proposed, with respect to the change in costs resulting from such modification; or(II) the proposed modification to an authorized water resources development project; and
(E) an estimate, to the extent practicable, of the monetary and nonmonetary benefits of—
(i) the water resources development project that is the subject of—(I) the feasibility report; or(II) the authorized feasibility study for which a modification is proposed, with respect to the benefits of such modification; or
(ii) the proposed modification to an authorized water resources development project.
(3) Certification
(4) Appendix
(A) In general
(B) LimitationIn carrying out the activities described in this section—
(i) the Secretary shall not include proposals in the appendix of the annual report that otherwise meet the criteria for inclusion in the annual report solely on the basis of the Secretary’s determination that the proposal requires legislative changes to an authorized water resources development project, feasibility study, or environmental infrastructure program;
(ii) the Secretary shall not include proposals in the appendix of the annual report that otherwise meet the criteria for inclusion in the annual report solely on the basis that the proposals are for the purposes of navigation, flood risk management, ecosystem restoration, or municipal or agricultural water supply; and
(iii) the Secretary shall not include proposals in the appendix of the annual report that otherwise meet the criteria for inclusion in the annual report solely on the basis of a policy of the Secretary.
(d) Programmatic modifications in annual report
(e) Special rule for initial annual reportNotwithstanding any other deadlines required by this section, the Secretary shall—
(1) not later than 60 days after June 10, 2014, publish in the Federal Register a notice required by subsection (b)(1); and
(2) include in such notice a requirement that non-Federal interests submit to the Secretary any proposals described in subsection (b)(1) by not later than 120 days after the date of publication of such notice in the Federal Register in order for such proposals to be considered for inclusion in the first annual report developed by the Secretary under this section.
(f) Publication
(g) DefinitionsIn this section:
(1) Annual report
(2) Feasibility report
(A) In general
(B) InclusionsThe term “feasibility report” includes—
(i) a report described in section 2215(d)(2) of this title; and
(ii) where applicable, any associated report of the Chief of Engineers.
(3) Feasibility study
(4) Non-Federal interest
(5) Water resources development project
(Pub. L. 113–121, title VII, § 7001, June 10, 2014, 128 Stat. 1360; Pub. L. 114–322, title I, § 1157(b), Dec. 16, 2016, 130 Stat. 1666; Pub. L. 115–270, title I, § 1332(a), Oct. 23, 2018, 132 Stat. 3834; Pub. L. 116–260, div. AA, title I, § 127(a), Dec. 27, 2020, 134 Stat. 2640.)

CITE AS: 33 USC 2282d

§ 2282d–1. Report to Congress on authorized studies and projects
(a) In generalNot 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) CriteriaThe 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
(ii) BenefitsThe 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) TransparencyThe 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
(4) Omissions
(A) Limitation
(B) Appendix
(c) Submission to Congress; publication
(1) Submission to Congress
(2) Publication
(d) DefinitionsIn this section:
(1) Non-Federal interest
(2) Water resources development project
(Pub. L. 116–260, div. AA, title II, § 222, Dec. 27, 2020, 134 Stat. 2694.)

CITE AS: 33 USC 2282d-1

§ 2282e. Post-authorization change reports
(a) In generalThe completion of a post-authorization change report prepared by the Corps of Engineers for a water resources development project—
(1) may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration; and
(2) shall be submitted, upon completion, to—
(A) the Committee on Environment and Public Works of the Senate; and
(B) the Committee on Transportation and Infrastructure of the House of Representatives.
(b) Completion reviewWith respect to a post-authorization change report subject to review by the Secretary, the Secretary shall, not later than 120 days after the date of completion of such report—
(1) review the report; and
(2) provide to Congress any recommendations of the Secretary regarding modification of the applicable water resources development project.
(c) Prior reports
(d) Post-authorization change report inclusionsIn this section, the term “post-authorization change report” includes—
(1) a general reevaluation report;
(2) a limited reevaluation report; and
(3) any other report that recommends the modification of an authorized water resources development project.
(Pub. L. 114–322, title I, § 1132, Dec. 16, 2016, 130 Stat. 1653.)

CITE AS: 33 USC 2282e

§ 2282f. Review of resiliency assessments
(a) Resiliency assessment
(1) In general
(2) Coordination
In carrying out this subsection, the Secretary shall—
(A) coordinate the review with the Engineer Research and Development Center, other Federal and State agencies, and other relevant entities; and
(B) to the maximum extent practicable and where appropriate, utilize data provided to the Secretary by such agencies.
(b) Assessment of benefits from addressing sea level rise and inland flooding resiliency in feasibility reports
(1) In general
(2) Addressing sea level rise and inland flooding resiliency benefits
(Pub. L. 116–260, div. AA, title I, § 113, Dec. 27, 2020, 134 Stat. 2626.)

CITE AS: 33 USC 2282f

§ 2282g. Scope of feasibility studies
(a) Flood risk management or hurricane and storm damage risk reduction
In carrying out a feasibility study for a project for flood risk management or hurricane and storm damage risk reduction, the Secretary, at the request of the non-Federal interest for the study, shall formulate alternatives to maximize the net benefits from the reduction of the comprehensive flood risk within the geographic scope of the study from the isolated and compound effects of—
(1) a riverine discharge of any magnitude or frequency;
(2) inundation, wave attack, and erosion coinciding with a hurricane or coastal storm;
(3) flooding associated with tidally influenced portions of rivers, bays, and estuaries that are hydrologically connected to the coastal water body;
(4) a rainfall event of any magnitude or frequency;
(5) a tide of any magnitude or frequency;
(6) seasonal variation in water levels;
(7) groundwater emergence;
(8) sea level rise;
(9) subsidence; or
(10) any other driver of flood risk affecting the area within the geographic scope of the study.
(b) Water supply, water conservation, and drought risk reduction
In carrying out a feasibility study for any purpose, the Secretary, at the request of the non-Federal interest for the study, shall formulate alternatives—
(1) to maximize combined net benefits for the primary purpose of the study and for the purposes of water supply or water conservation (including the use of water supply conservation measures described in section 1116 of the Water Resources Development Act of 2016 (130 Stat. 1639)); or
(2) to include 1 or more measures for the purposes of water supply or water conservation if the Secretary determines that such measures may reduce potential adverse impacts of extreme weather events, including drought, on water resources within the geographic scope of the study.
(c) Cost sharing
(Pub. L. 117–263, div. H, title LXXXI, § 8106, Dec. 23, 2022, 136 Stat. 3699.)

CITE AS: 33 USC 2282g

§ 2283. Fish and wildlife mitigation
(a) Steps to be taken prior to or concurrently with construction
(1) In the case of any water resources project which is authorized to be constructed by the Secretary before, on, or after November 17, 1986, construction of which has not commenced as of November 17, 1986, and which necessitates the mitigation of fish and wildlife losses, including the acquisition of lands or interests in lands to mitigate losses to fish and wildlife, as a result of such project, such mitigation, including acquisition of the lands or interests—
(A) shall be undertaken or acquired before any construction of the project (other than such acquisition) commences, or
(B) shall be undertaken or acquired concurrently with lands and interests in lands for project purposes (other than mitigation of fish and wildlife losses),
whichever the Secretary determines is appropriate, except that any physical construction required for the purposes of mitigation may be undertaken concurrently with the physical construction of such project.
(2) For the purposes of this subsection, any project authorized before November 17, 1986, on which more than 50 percent of the land needed for the project, exclusive of mitigation lands, has been acquired shall be deemed to have commenced construction under this subsection.
(b) Acquisition of lands or interests in lands for mitigation
(1) After consultation with appropriate Federal and non-Federal agencies, the Secretary is authorized to mitigate damages to fish and wildlife resulting from any water resources project under his jurisdiction, whether completed, under construction, or to be constructed. Such mitigation may include the acquisition of lands, or interests therein, except that—
(A) acquisition under this paragraph shall not be by condemnation in the case of projects completed as of November 17, 1986, or on which at least 10 percent of the physical construction on the project has been completed as of November 17, 1986; and
(B) acquisition of water, or interests therein, under this paragraph, shall not be by condemnation.
The Secretary, shall, under the terms of this paragraph, obligate no more than $30,000,000 in any fiscal year. With respect to any water resources project, the authority under this subsection shall not apply to measures that cost more than $7,500,000 or 10 percent of the cost of the project, whichever is greater.
(2) Whenever, after his review, the Secretary determines that such mitigation features under this subsection are likely to require condemnation under subparagraph (A) or (B) of paragraph (1) of this subsection, the Secretary shall transmit to Congress a report on such proposed modification, together with his recommendations.
(c) Allocation of mitigation costs
(d) Mitigation plans as part of project proposals
(1) In general
(2) Selection and design of mitigation projects
(3) Mitigation requirements
(A) In general
(B) InclusionsA specific mitigation plan for a water resources project under paragraph (1) shall include, at a minimum—
(i) a plan for monitoring the implementation and ecological success of each mitigation measure, including the cost and duration of any monitoring, and, to the extent practicable, a designation of the entities that will be responsible for the monitoring;
(ii) the criteria for ecological success by which the mitigation will be evaluated and determined to be successful based on replacement of lost functions and values of the habitat, including hydrologic and vegetative characteristics;
(iii) for projects where mitigation will be carried out by the Secretary—(I) a description of the land and interest in land to be acquired for the mitigation plan;(II) the basis for a determination that the land and interests are available for acquisition; and(III) a determination that the proposed interest sought does not exceed the minimum interest in land necessary to meet the mitigation requirements for the project;
(iv) for projects where mitigation will be carried out through a third party mitigation arrangement in accordance with subsection (i)—(I) a description of the third party mitigation instrument to be used; and(II) the basis for a determination that the mitigation instrument can meet the mitigation requirements for the project;
(v) a description of—(I) the types and amount of restoration activities to be conducted;(II) the physical action to be undertaken to achieve the mitigation objectives within the watershed in which such losses occur and, in any case in which the mitigation will occur outside the watershed, a detailed explanation for undertaking the mitigation outside the watershed; and(III) the functions and values that will result from the mitigation plan; and
(vi) a contingency plan for taking corrective actions in cases in which monitoring demonstrates that mitigation measures are not achieving ecological success in accordance with criteria under clause (ii).
(C) Responsibility for monitoring
(4) Determination of success
(A) In general
(B) ConsultationIn determining whether a mitigation plan is successful under subparagraph (A), the Secretary shall consult annually with appropriate Federal agencies and each State in which the applicable project is located on at least the following:
(i) The ecological success of the mitigation as of the date on which the report is submitted.
(ii) The likelihood that the mitigation will achieve ecological success, as defined in the mitigation plan.
(iii) The projected timeline for achieving that success.
(iv) Any recommendations for improving the likelihood of success.
(5) Monitoring
(e) First enhancement costs as Federal costsIn those cases when the Secretary, as part of any report to Congress, recommends activities to enhance fish and wildlife resources, the first costs of such enhancement shall be a Federal cost when—
(1) such enhancement provides benefits that are determined to be national, including benefits to species that are identified by the National Marine Fisheries Service as of national economic importance, species that are subject to treaties or international convention to which the United States is a party, and anadromous fish;
(2) such enhancement is designed to benefit species that have been listed as threatened or endangered by the Secretary of the Interior under the terms of the Endangered Species Act, as amended (16 U.S.C. 1531, et seq.), or
(3) such activities are located on lands managed as a national wildlife refuge.
When benefits of enhancement do not qualify under the preceding sentence, 25 percent of such first costs of enhancement shall be provided by non-Federal interests under a schedule of reimbursement determined by the Secretary. Not more than 80 percent of the non-Federal share of such first costs may be satisfied through in-kind contributions, including facilities, supplies, and services that are necessary to carry out the enhancement project. The non-Federal share of operation, maintenance, and rehabilitation of activities to enhance fish and wildlife resources shall be 25 percent.
(f) National benefits from enhancement measures for Atchafalaya Floodway System and Mississippi Delta Region projects
(g) Fish and Wildlife Coordination Act supplementation
(h) Programmatic mitigation plans
(1) In general
(2) Use of mitigation plans
(3) Non-Federal plans
(4) ScopeA programmatic mitigation plan developed by the Secretary or an entity described in paragraph (3) to address potential impacts of existing or future water resources development projects shall, to the maximum extent practicable—
(A) be developed on a regional, ecosystem, watershed, or statewide scale;
(B) include specific goals for aquatic resource and fish and wildlife habitat restoration, establishment, enhancement, or preservation;
(C) identify priority areas for aquatic resource and fish and wildlife habitat protection or restoration;
(D) include measures to protect or restore habitat connectivity;
(E) encompass multiple environmental resources within a defined geographical area or focus on a specific resource, such as aquatic resources or wildlife habitat; and
(F) address impacts from all projects in a defined geographical area or focus on a specific type of project.
(5) Consultation
(6) ContentsA programmatic environmental mitigation plan may include—
(A) an assessment of the condition of environmental resources in the geographical area covered by the plan, including an assessment of recent trends and any potential threats to those resources;
(B) an assessment of potential opportunities to improve the overall quality of environmental resources in the geographical area covered by the plan through strategic mitigation for impacts of water resources development projects;
(C) standard measures for mitigating certain types of impacts, including impacts to habitat connectivity;
(D) parameters for determining appropriate mitigation for certain types of impacts, such as mitigation ratios or criteria for determining appropriate mitigation sites;
(E) adaptive management procedures, such as protocols that involve monitoring predicted impacts over time and adjusting mitigation measures in response to information gathered through the monitoring;
(F) acknowledgment of specific statutory or regulatory requirements that must be satisfied when determining appropriate mitigation for certain types of resources; and
(G) any offsetting benefits of self-mitigating projects, such as ecosystem or resource restoration and protection.
(7) ProcessBefore adopting a programmatic environmental mitigation plan for use under this subsection, the Secretary shall—
(A) for a plan developed by the Secretary—
(i) make a draft of the plan available for review and comment by applicable environmental resource agencies and the public; and
(ii) consider any comments received from those agencies and the public on the draft plan; and
(B) for a plan developed under paragraph (3), determine, not later than 180 days after receiving the plan, whether the plan meets the requirements of paragraphs (4) through (6) and was made available for public comment.
(8) Integration with other plans
(9) Consideration in project development and permitting
(10) Preservation of existing authorities
(11) EffectNothing in this subsection—
(A) requires the Secretary to undertake additional mitigation for existing projects for which mitigation has already been initiated, including the addition of fish passage to an existing water resources development project; or
(B) affects the mitigation responsibilities of the Secretary under any other provision of law.
(i) Third-party mitigation arrangements
(1) Eligible activitiesIn accordance with all applicable Federal laws (including regulations), mitigation efforts carried out under this section may include—
(A) participation in mitigation banking or other third-party mitigation arrangements, such as—
(i) the purchase of credits from commercial or State, regional, or local agency-sponsored mitigation banks; and
(ii) the purchase of credits from in-lieu fee mitigation programs; and
(B) contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetlands if the Secretary determines that the contributions will ensure that the mitigation requirements of this section and the goals of section 2317(a)(1) of this title will be met.
(2) Inclusion of other activities
(3) Terms and conditionsIn carrying out natural habitat and wetlands mitigation efforts under this section, contributions to the mitigation effort may—
(A) take place concurrent with, or in advance of, the commitment of funding to a project; and
(B) occur in advance of project construction only if the efforts are consistent with all applicable requirements of Federal law (including regulations) and water resources development planning processes.
(4) Preference
(j) Use of funds
(1) In general
(2) Notification
(k) Measures
(Pub. L. 99–662, title IX, § 906, Nov. 17, 1986, 100 Stat. 4186; Pub. L. 102–580, title III, § 333(a), Oct. 31, 1992, 106 Stat. 4852; Pub. L. 106–53, title II, § 221, Aug. 17, 1999, 113 Stat. 295; Pub. L. 106–541, title II, § 224(a), Dec. 11, 2000, 114 Stat. 2597; Pub. L. 110–114, title II, § 2036(a), Nov. 8, 2007, 121 Stat. 1092; Pub. L. 113–121, title I, § 1040(a), June 10, 2014, 128 Stat. 1239; Pub. L. 114–322, title I, § 1162, Dec. 16, 2016, 130 Stat. 1668.)

CITE AS: 33 USC 2283

§ 2283a. Status report
(1) In general
(2) Projects included
The status report shall include the status of—
(A) all projects that are under construction as of the date of the report;
(B) all projects for which the President requests funding for the next fiscal year; and
(C) all projects that have undergone or completed construction, but have not completed the mitigation required under section 2283 of this title.
(3) Information included
In reporting the status of all projects included in the report, the Secretary shall—
(A) use a uniform methodology for determining the status of all projects included in the report;
(B) use a methodology that describes both a qualitative and quantitative status for all projects in the report; and
(C) provide specific dates for participation in the consultations required under section 2283(d)(4)(B) of this title.
(4) Availability of information
(Pub. L. 110–114, title II, § 2036(b), Nov. 8, 2007, 121 Stat. 1094; Pub. L. 113–121, title I, § 1041, June 10, 2014, 128 Stat. 1243.)

CITE AS: 33 USC 2283a

§ 2283b. Clarification of mitigation authority
(a) In generalThe Secretary may carry out measures to improve fish species habitat within the boundaries and downstream of a water resources project constructed by the Secretary that includes a fish hatchery if the Secretary—
(1) has been explicitly authorized to compensate for fish losses associated with the project; and
(2) determines that the measures are—
(A) feasible;
(B) consistent with authorized project purposes and the fish hatchery; and
(C) in the public interest.
(b) Cost sharing
(1) In general
(2) Operation and maintenance
(Pub. L. 113–121, title I, § 1028, June 10, 2014, 128 Stat. 1230.)

CITE AS: 33 USC 2283b

§ 2283c. Technical assistance
(1) In general
(2) Requirements
(3) Mitigation instruments
(Pub. L. 113–121, title I, § 1040(c), June 10, 2014, 128 Stat. 1243.)

CITE AS: 33 USC 2283c

§ 2284. Benefits and costs attributable to environmental measures

In the evaluation by the Secretary of benefits and costs of a water resources project, the benefits attributable to measures included in a project for the purpose of environmental quality, including improvement of the environment and fish and wildlife enhancement, shall be deemed to be at least equal to the costs of such measures.

(Pub. L. 99–662, title IX, § 907, Nov. 17, 1986, 100 Stat. 4188.)

CITE AS: 33 USC 2284

§ 2284a. Benefits to navigation

In evaluating potential improvements to navigation and the maintenance of navigation projects, the Secretary shall consider, and include for purposes of project justification, economic benefits generated by cruise ships as commercial navigation benefits.

(Pub. L. 104–303, title II, § 230, Oct. 12, 1996, 110 Stat. 3704.)

CITE AS: 33 USC 2284a

§ 2284b. Scenic and aesthetic considerations

In conducting studies of potential water resources projects, the Secretary shall consider measures to preserve and enhance scenic and aesthetic qualities in the vicinity of such projects.

(Pub. L. 104–303, title II, § 232, Oct. 12, 1996, 110 Stat. 3704.)

CITE AS: 33 USC 2284b

§ 2285. Environmental Protection and Mitigation Fund

There is established an Environmental Protection and Mitigation Fund. There is authorized to be appropriated to such fund $35,000,000 for fiscal years beginning after September 30, 1986. Amounts in the fund 1

1 So in original. Probably should be capitalized.
shall be available for undertaking, in advance of construction of any water resources project authorized to be constructed by the Secretary, such measures authorized as part of such project, including the acquisition of lands and interests therein, as may be necessary to ensure that project-induced losses to fish and wildlife production and habitat will be mitigated. The Secretary shall reimburse the Fund for any amounts expended under this section for a water resources project from the first appropriations made for construction, including planning and designing, of such project.

(Pub. L. 99–662, title IX, § 908, Nov. 17, 1986, 100 Stat. 4188.)

CITE AS: 33 USC 2285

§ 2286. Acceptance of certain funds for mitigation

The Secretary is authorized to accept funds from any entity, public or private, in accordance with the Pacific Northwest Electric Power Planning and Conservation Act [16 U.S.C. 839 et seq.] to be used to protect, mitigate, and enhance fish and wildlife in connection with projects constructed or operated by the Secretary. The Secretary may accept and use funds for such purposes without regard to any limitation established under any other provision of law or rule of law.

(Pub. L. 99–662, title XI, § 1146, Nov. 17, 1986, 100 Stat. 4253.)

CITE AS: 33 USC 2286

§ 2287. Continued planning and investigations
(a) Pre-authorization planning and engineering
(b) Omitted
(c) Authorizations as additions to other authorizations
(Pub. L. 99–662, title IX, § 910, Nov. 17, 1986, 100 Stat. 4189.)

CITE AS: 33 USC 2287

§ 2288. Repealed. Pub. L. 113–121, title I, § 1004, June 10, 2014, 128 Stat. 1199

CITE AS: 33 USC 2288

§ 2289. Urban and rural flood control frequency

In the preparation of feasibility reports for projects for flood damage prevention in urban and rural areas, the Secretary may consider and evaluate measures to reduce or eliminate damages from flooding without regard to frequency of flooding, drainage area, and amount of runoff. This section shall apply with respect to any project, or separable element thereof, the Federal share of the cost of which is less than $3,000,000.

(Pub. L. 99–662, title IX, § 914, Nov. 17, 1986, 100 Stat. 4190.)

CITE AS: 33 USC 2289

§ 2289a. Consideration of measures
(a) Definitions
In this section, the following definitions apply:
(1) Natural feature
(2) Nature-based feature
(b) Requirement
In studying the feasibility of projects for flood risk management, hurricane and storm damage reduction, and ecosystem restoration the Secretary shall, with the consent of the non-Federal sponsor of the feasibility study, consider, as appropriate—
(1) natural features;
(2) nature-based features;
(3) nonstructural measures; and
(4) structural measures.
(c) Report to Congress
(1) In general
(2) Contents
The report under paragraph (1) shall include, at a minimum, the following:
(A) A description of guidance or instructions issued, and other measures taken, by the Secretary and the Chief of Engineers to implement subsection (b).
(B) An assessment of the costs, benefits, impacts, and trade-offs associated with measures recommended by the Secretary for coastal risk reduction and the effectiveness of those measures.
(C) A description of any statutory, fiscal, or regulatory barriers to the appropriate consideration and use of a full array of measures for coastal risk reduction.
(Pub. L. 114–322, title I, § 1184, Dec. 16, 2016, 130 Stat. 1679; Pub. L. 115–270, title I, § 1149(b), Oct. 23, 2018, 132 Stat. 3787.)

CITE AS: 33 USC 2289a

§ 2290. Flood control in Trust Territory of the Pacific Islands

The Secretary is authorized to use the authority contained in section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), section 2 of the Flood Control Act of August 28, 1937 (33 U.S.C. 701g), section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r), section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), section 3 of the Act entitled “An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property”, approved August 13, 1946 (33 U.S.C. 426g), and section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) in the Trust Territory of the Pacific Islands.

(Pub. L. 99–662, title IX, § 915(h), Nov. 17, 1986, 100 Stat. 4191.)

CITE AS: 33 USC 2290

§ 2291. Federal Project Repayment District
(a) The Secretary may enter into a contract providing for the payment or recovery of an appropriate share of the costs of a project under his responsibility with a Federal Project Repayment District or other political subdivision of a State prior to the construction, operation, improvement, or financing of such project. The Federal Project Repayment District shall include lands and improvements which receive identifiable benefits from the construction or operation of such project. Such districts shall be established in accordance with State law, shall have specific boundaries which may be changed from time to time based upon further evaluations of benefits, and shall have the power to recover benefits through any cost-recovery approach that is consistent with State law and satisfies the applicable cost-recovery requirement under subsection (b).
(b) Prior to execution of an agreement pursuant to subsection (a) of this section, the Secretary shall require and approve a study from the State or political subdivision demonstrating that the revenues to be derived from a contract under this section, or an agreement with a Federal Project Repayment District, will be sufficient to equal or exceed the cost recovery requirements over the term of repayment required by Federal law.
(Pub. L. 99–662, title IX, § 916, Nov. 17, 1986, 100 Stat. 4191; Pub. L. 100–676, § 15, Nov. 17, 1988, 102 Stat. 4026.)

CITE AS: 33 USC 2291

§ 2292. Surveying and mapping

Any surveying or mapping services to be performed in connection with a water resources project which is or has been authorized to be undertaken by the Secretary shall be procured in accordance with title IX of the Federal Property and Administrative Services Act of 1949.1

1 See References in Text note below.

(Pub. L. 99–662, title IX, § 918, Nov. 17, 1986, 100 Stat. 4192.)

CITE AS: 33 USC 2292

§ 2293. Reprogramming during national emergencies
(a) Termination or deferment of civil works projects; application of resources to national defense projects
(b) Termination of state of war or national emer­gency
(Pub. L. 99–662, title IX, § 923, Nov. 17, 1986, 100 Stat. 4194.)

CITE AS: 33 USC 2293

§ 2293a. Reprogramming of funds for projects by Corps of Engineers

None of the funds made available before, on, or after June 15, 2006, in an appropriations Act may be expended to prevent or limit any reprogramming of funds for a project to be carried out by the Corps of Engineers using funds appropriated in any Act making appropriations for energy and water development, based on whether the project was included by the President in the budget transmitted under section 1105(a) of title 31 or is otherwise proposed by the President or considered part of the budget by the Office of Management and Budget, if the project received funds in an Act making appropriations for energy and water development or any other appropriations Act making additional funds available for energy and water development.

(Pub. L. 109–234, title II, § 2307, June 15, 2006, 120 Stat. 457.)

CITE AS: 33 USC 2293a

§ 2294. Office of Environmental Policy

The Secretary shall establish in the Directorate of Civil Works of the Office of the Chief of Engineers an Office of Environmental Policy. Such Office shall be responsible for the formulation, coordination, and implementation of all matters concerning environmental quality and policy as they relate to the water resources program of the United States Army Corps of Engineers. Such Office shall, among other things, develop, and monitor compliance with, guidelines for the consideration of environmental quality in formulation and planning of water resources projects carried out by the Secretary, the preparation and coordination of environmental impact statements for such projects, and the coordination with Federal, State, and local agencies of environmental aspects of such projects and regulatory responsibilities of the Secretary.

(Pub. L. 99–662, title IX, § 924, Nov. 17, 1986, 100 Stat. 4194.)

CITE AS: 33 USC 2294

§ 2295. Compilation of laws; annual reports
(a) Federal laws relating to improvements of rivers and harbors, flood control, beach erosion, and other water resources development
(b) Annual report
(c) Biennial reports for each State
(Pub. L. 99–662, title IX, § 925, Nov. 17, 1986, 100 Stat. 4194.)

CITE AS: 33 USC 2295

§ 2295a. Policy and technical standards

Every 5 years, the Secretary shall revise, rescind, or certify as current, as applicable, each policy and technical standards publication for the civil works programs of the Corps of Engineers, including each engineer regulation, engineer circular, engineer manual, engineer pamphlet, engineer technical letter, planning guidance letter, policy guidance letter, planning bulletin, and engineering and construction bulletin.

(Pub. L. 117–263, div. H, title LXXXI, § 8140, Dec. 23, 2022, 136 Stat. 3723.)

CITE AS: 33 USC 2295a

§ 2296. Acquisition of recreation lands
(a) In the case of any water resources project which is authorized to be constructed by the Secretary before, on, or after November 17, 1986, construction of which has not commenced before November 17, 1986, and which involves the acquisition of lands or interests in lands for recreation purposes, such lands or interests shall be acquired along with the acquisition of lands and interests in lands for other project purposes.
(b) The Secretary is authorized to acquire real property by condemnation, purchase, donation, exchange, or otherwise, as a part of any water resources development project for use for public park and recreation purposes, including but not limited to, real property not contiguous to the principal part of the project.
(Pub. L. 99–662, title IX, § 926, Nov. 17, 1986, 100 Stat. 4195.)

CITE AS: 33 USC 2296

§ 2297. Operation and maintenance on recreation lands

The Secretary shall not require, under section 460d of title 16, and the Federal Water Project Recreation Act [16 U.S.C. 460l–12 et seq.], non-Federal interests to assume operation and maintenance of any recreational facility operated by the Secretary at any water resources project as a condition to the construction of new recreational facilities at such project or any other water resources project.

(Pub. L. 99–662, title IX, § 927, Nov. 17, 1986, 100 Stat. 4195.)

CITE AS: 33 USC 2297

§ 2298. Impact of proposed projects on existing recreation facilities

Any report describing a project having recreation benefits that is submitted after November 17, 1986, to the Committee on Environment and Public Works of the Senate or the Committee on Public Works and Transportation of the House of Representatives by the Secretary, or by the Secretary of Agriculture under authority of the Watershed Protection and Flood Protection Act (68 Stat. 666; 16 U.S.C. 1001 et seq.), shall describe the usage of other, similar public recreational facilities within the general area of the project, and the anticipated impact of the proposed project on the usage of such existing recreational facilities.

(Pub. L. 99–662, title IX, § 928, Nov. 17, 1986, 100 Stat. 4195.)

CITE AS: 33 USC 2298

§ 2299. Acquisition of beach fill

Notwithstanding any other provision of law, in any case in which the use of fill material for beach erosion and beach nourishment is authorized as a purpose of an authorized water resources project, the Secretary is authorized to acquire by purchase, exchange, or otherwise from nondomestic sources and utilize such material for such purposes if such materials are not available from domestic sources for environmental or economic reasons.

(Pub. L. 99–662, title IX, § 935, Nov. 17, 1986, 100 Stat. 4197.)

CITE AS: 33 USC 2299

§ 2300. Study of Corps capabilities

The Secretary shall study and evaluate the measures necessary to increase the capabilities of the United States Army Corps of Engineers to undertake the planning and construction of water resources projects on an expedited basis and to adequately comply with all requirements of law applicable to the water resources program of the Corps of Engineers. As part of such study the Secretary shall consider appropriate measures to increase reliance on the private sector in the conduct of the water resources program of the Corps of Engineers. The Secretary shall implement such measures as may be necessary to improve the capabilities referred to in the first sentence of this section, including the establishment of increased levels of personnel, changes in project planning and construction procedures designed to lessen the time required for such planning and construction, and procedures for expediting the coordination of water resources projects with Federal, State, and local agencies.

(Pub. L. 99–662, title IX, § 936, Nov. 17, 1986, 100 Stat. 4197.)

CITE AS: 33 USC 2300

§§ 2301, 2302. Omitted

CITE AS: 33 USC 2301, 2302

§ 2303. Historical properties

The Secretary is authorized to preserve, restore, and maintain those historic properties located on water resource development project lands under the jurisdiction of the Department of the Army if such properties have been entered into the National Register of Historic Places.

(Pub. L. 99–662, title IX, § 943, Nov. 17, 1986, 100 Stat. 4200.)

CITE AS: 33 USC 2303

§ 2304. Separability

If any provision of this Act, or the application of any provision of this Act to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this Act, shall not be affected thereby.

(Pub. L. 99–662, title IX, § 949, Nov. 17, 1986, 100 Stat. 4201.)

CITE AS: 33 USC 2304

§ 2305. Use of FMHA funds

Notwithstanding any other provision of law, Federal assistance made available by the Farmers Home Administration may be used to pay the non-Federal share of any other Federal grant-in-aid program for any project for water resources, including water pollution control.

(Pub. L. 99–662, title IX, § 950, Nov. 17, 1986, 100 Stat. 4201.)

CITE AS: 33 USC 2305

§ 2306. Reports

If any report required to be transmitted under this Act to the Committee on Public Works and Transportation of the House of Representatives or the Committee on Environment and Public Works of the Senate pertains in whole or in part to fish and wildlife mitigation, benthic environmental repercussions, or ecosystem mitigation, the Federal officer required to prepare or transmit that report also shall transmit a copy of the report to the Committee on Merchant Marine and Fisheries of the House of Representatives.

(Pub. L. 99–662, title IX, § 951, Nov. 17, 1986, 100 Stat. 4201.)

CITE AS: 33 USC 2306

§ 2307. Control of ice
(a) Program authority
(b) Assistance to units of local government
(c) Authorization of appropriations
(d) Hardwick, Vermont, demonstration program
(e) Salmon, Idaho, experimental program
(1) The Secretary is directed to complete an experimental program placing screens in the Salmon River in the vicinity of Salmon, Idaho, to trap frazil ice, and thus to eliminate flooding caused by ice dams in the river. Within one year of November 17, 1986, the Secretary shall report to the Congress on the feasibility of such experiment, including consideration of any adverse environmental or social effects that could result from such experiment. If, in the Secretary’s judgment, such experiment is not feasible or acceptable, the Secretary is authorized to consult with local public interests to develop a plan that is workable and practical, and then to submit such plan to Congress.
(2) There is authorized to be appropriated $1,000,000 for fiscal years beginning after September 30, 1986, for purposes of carrying out this subsection, such sum to remain available until expended.
(f) Wilmington, Illinois, project
(1) To implement further the purposes of this section, the Secretary shall carry out a project for the control of ice on the Kankakee River in the vicinity of Wilmington, Illinois. The Secretary shall report to Congress not later than one year after November 17, 1986, and annually thereafter on the effectiveness of the program under this section with respect to the Kankakee River in the vicinity of Wilmington, Illinois.
(2) There is authorized to be appropriated $3,000,000 for fiscal years beginning after September 30, 1986, for purposes of carrying out this subsection, such sum to remain available until expended.
(g) Cost sharing
(h) Report to Congress
(Pub. L. 99–662, title XI, § 1101, Nov. 17, 1986, 100 Stat. 4223.)

CITE AS: 33 USC 2307

§ 2308. Campgrounds for senior citizens
(a) Establishment and development
(b) Control of campground use and access
(c) Authorization of appropriations
(d) Campground at Sam Rayburn Dam and Reservoir, Texas
(e) Control of use and access to campground at Sam Rayburn Dam and Reservoir, Texas
(f) Authorization of appropriations
(g) Boundaries of campground at Sam Rayburn Dam and Reservoir, Texas
(Pub. L. 99–662, title XI, § 1127, Nov. 17, 1986, 100 Stat. 4245.)

CITE AS: 33 USC 2308

§ 2309. Great Lakes Commodities Marketing Board
(a) Congressional declaration of purpose
(b) Establishment; strategy development; composition of Board; Director; report; termination
(1) There is hereby established a Board to be known as the Great Lakes Commodities Marketing Board (hereinafter in this subsection referred to as the “Board”).
(2)
(A) The Board shall develop a strategy to improve the capacity of the Great Lakes region to produce, market, and transport commodities in a timely manner and to maximize the efficiency and benefits of marketing products produced in the Great Lakes region and products shipped through the Great Lakes.
(B) The strategy shall address, among other things, environmental issues relating to transportation on the Great Lakes and marketing difficulties experienced due to late harvest seasons in the Great Lakes region. The strategy shall include, as appropriate alternative storage, sales, marketing, multimodal transportation systems, and other systems, to assure optimal economic benefits to the region from agricultural and other commercial activities. The strategy shall develop—
(i) methods to improve and promote both bulk and general cargo trade through Great Lakes ports;
(ii) methods to accelerate the movement of grains and other agricultural commodities through the Great Lakes;
(iii) methods to provide needed flexibility to farmers in the Great Lakes region to market grains and other agricultural commodities; and
(iv) methods and materials to promote trade from the Great Lakes region and through Great Lakes ports, particularly with European, Mediterranean, African, Caribbean, Central American, and South American nations.
(C) In developing the strategy, the Board shall conduct and consider the results of—
(i) an analysis of the feasibility and costs of using iron ore vessels, which are not being utilized, to move grain and other agricultural commodities on the Great Lakes;
(ii) an economic analysis of transshipping such commodities through Montreal, Canada, and other ports;
(iii) an analysis of the economic feasibility of storing such commodities during the non-navigation season of the Great Lakes and the feasibility of and need for construction of new storage facilities for such commodities;
(iv) an analysis of the constraints on the flexibility of farmers in the Great Lakes region to market grains and other agricultural commodities, including harvest dates for such commodities and the availability of transport and storage facilities for such commodities; and
(v) an analysis of the amount of grain and other agricultural commodities produced in the United States which are being diverted to Canada by rail but which could be shipped on the Great Lakes if vessels were available for shipping such products during the navigation season.
(D) In developing the strategy, the Board shall consider weather problems and related costs and marketing problems resulting from the late harvest of agricultural commodities (including wheat and sunflower seeds) in the Great Lakes region.
(E) In developing the strategy, the Board shall consult United States ports on the Great Lakes and their users, including farm organizations (such as wheat growers and soybean growers), port authorities, water carrier organizations, and other interested persons.
(3) The Board shall be composed of seven members as follows:
(A) the chairman of the Great Lakes Commission or his or her delegate,
(B) the Secretary or his or her delegate,
(C) the Secretary of Transportation or his or her delegate,
(D) the Secretary of Commerce or his or her delegate,
(E) the Administrator of the Great Lakes St. Lawrence Seaway Development Corporation or his or her delegate,
(F) the Secretary of Agriculture or his or her delegate, and
(G) the Administrator of the Environmental Protection Agency or his or her delegate.
(4)
(A) Members of the Board shall serve for the life of the Board.
(B) Members of the Board shall serve without pay and those members who are full time officers or employees of the United States shall receive no additional pay by reason of their service on the Board, except that members of the Board shall be allowed travel or transportation expenses under subchapter I of chapter 57 of title 5 while away from their homes or regular places of business and engaged in the actual performance of duties vested in the Board.
(C) Four members of the Board shall constitute a quorum but a lesser number may hold hearings.
(D) The co-chairmen of the Board shall be the Secretary or his or her delegate and the Administrator of the Great Lakes St. Lawrence Seaway Development Corporation or his or her delegate.
(E) The Board shall meet at the call of the co-chairmen or a majority of its members.
(5)
(A) The Board shall, without regard to section 5311(b) 1
1 See References in Text note below.
of title 5, have a Director, who shall be appointed by the Board and shall be paid at a rate which the Board considers appropriate.
(B) Subject to such rules as may be prescribed by the Board, without regard to 5311(b) 1 of title 5, the Board may appoint and fix the pay of such additional personnel as the Board considers appropriate.
(C) Upon request of the Board, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Board to assist the Board in carrying out its duties under this subsection.
(6)
(A) The Board may, for purposes of carrying out this subsection, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Board considers appropriate.
(B) Any member or agent of the Board may, if so authorized by the Board, take any action which the Board is authorized to take by this paragraph.
(C) The Board may secure directly from any department or agency of the United States any information necessary to enable it to carry out this subsection. Upon request of the co-chairmen of the Board, the head of such department or agency shall furnish such information to the Board.
(D) The Board may use the United States mail in the same manner and under the same conditions as other departments and agencies of the United States.
(E) The Administrator of General Services shall provide to the Board on a reimbursable basis such administrative support services as the Board may request.
(7) Not later than September 30, 1989, the Board shall transmit to the President and to each House of the Congress a report stating the strategy developed under this subsection and the results of each analysis conducted under this subsection. Such report shall contain a detailed statement of the findings and conclusions of the Board together with its recommendations for such legislative and administrative actions as it considers appropriate to carry out such strategy and to assure maximum economic benefits to the users of the Great Lakes and to the Great Lakes region.
(8) The Board shall cease to exist 180 days after submitting its report pursuant to this subsection.
(9) The non-Federal share of the cost of carrying out this subsection shall be 25 percent. There is authorized to be appropriated such sums as may be necessary to carry out the Federal share of this subsection for fiscal years beginning after September 30, 1986, and ending before October 1, 1990.
(c) International advisory group
(1) The President shall invite the Government of Canada to join in the formation of an international advisory group whose duty it shall be (A) to develop a bilateral program for improving navigation, through a coordinated strategy, on the Great Lakes, and (B) to conduct investigations on a continuing basis and make recommendations for a system-wide navigation improvement program to facilitate optimum use of the Great Lakes. The advisory group shall be composed of five members representing the United States, five members representing Canada, and two members from the International Joint Commission established by the treaty between the United States and Great Britain relating to boundary waters between the United States and Canada, signed at Washington, January 11, 1909 (36 Stat. 2448). The five members representing the United States shall include the Secretary of State, one member of the Great Lakes Commodities Marketing Board (as designated by the Board), and three individuals appointed by the President representing commercial, shipping, and environmental interests, respectively.
(2) The United States representatives to the international advisory group shall serve without pay and the United States representatives to the advisory group who are full time officers or employees of the United States shall receive no additional pay by reason of their service on the advisory group, except that the United States representatives shall be allowed travel or transportation expenses under subchapter I of chapter 57 of title 5 while away from their homes or regular place of business and engaged in the actual performance of duties vested in the advisory group.
(3) The international advisory group established by this subsection shall report to Congress and to the Canadian Parliament on its progress in carrying out the duties set forth in this subsection not later than one year after the formation of such group and biennially thereafter.
(d) Review of environmental, economic, and social impacts of navigation in United States portion of Great Lakes
(Pub. L. 99–662, title XI, § 1132, Nov. 17, 1986, 100 Stat. 4246; Pub. L. 116–260, div. AA, title V, § 512(c)(5)(D), Dec. 27, 2020, 134 Stat. 2756.)

CITE AS: 33 USC 2309

§ 2309a. Project modifications for improvement of environment
(a) Determination of need
(b) Authority to make modifications
(c) Restoration of environmental quality
(1) In general
(2) Control of sea lamprey
Congress finds that—
(A) the Great Lakes navigation system has been instrumental in the spread of sea lamprey and the associated impacts on its fishery; and
(B) the use of the authority under this subsection for control of sea lamprey at any Great Lakes basin location is appropriate.
(d) Non-Federal share; limitation on maximum Federal expenditure
(e) Coordination of actions
(f) Omitted
(g) Nonprofit entities
(h) Authorization of appropriations
(i) Definition
(Pub. L. 99–662, title XI, § 1135, Nov. 17, 1986, 100 Stat. 4251; Pub. L. 100–676, § 41, Nov. 17, 1988, 102 Stat. 4040; Pub. L. 101–640, title III, § 304, Nov. 28, 1990, 104 Stat. 4634; Pub. L. 102–580, title II, § 202, Oct. 31, 1992, 106 Stat. 4826; Pub. L. 104–303, title II, § 204, Oct. 12, 1996, 110 Stat. 3678; Pub. L. 106–53, title V, § 506, Aug. 17, 1999, 113 Stat. 338; Pub. L. 106–541, title II, § 210(c), Dec. 11, 2000, 114 Stat. 2592; Pub. L. 110–114, title II, § 2024, Nov. 8, 2007, 121 Stat. 1079; Pub. L. 113–121, title I, § 1030(f), June 10, 2014, 128 Stat. 1232; Pub. L. 115–270, title I, § 1157(g), Oct. 23, 2018, 132 Stat. 3794.)

CITE AS: 33 USC 2309a

§ 2310. Cost sharing for Territories and Indian tribes
(a) In generalThe Secretary shall waive local cost-sharing requirements up to $200,000 for all studies and projects—
(1) in American Samoa, Guam, the Northern Mariana Islands, the Virgin Islands, Puerto Rico, and the Trust Territory of the Pacific Islands;
(2) for any Indian tribe or tribal organization (as those terms are defined in section 5304 of title 25); and
(3) for any organization that—
(A) is composed primarily of people who are—
(i) recognized and defined under Federal law as indigenous people of the United States; and
(ii) from a specific community; and
(B) assists in the social, cultural, and educational development of such people in that community.
(b) Inflation adjustment
(c) Inclusion
(d) Application
(Pub. L. 99–662, title XI, § 1156, Nov. 17, 1986, 100 Stat. 4256; Pub. L. 113–121, title I, § 1032, June 10, 2014, 128 Stat. 1233; Pub. L. 114–322, title I, § 1119, Dec. 16, 2016, 130 Stat. 1643; Pub. L. 115–270, title I, §§ 1155(a), 1156, Oct. 23, 2018, 132 Stat. 3793; Pub. L. 116–260, div. AA, title I, § 135, Dec. 27, 2020, 134 Stat. 2649; Pub. L. 117–263, div. H, title LXXXI, § 8114, Dec. 23, 2022, 136 Stat. 3707.)

CITE AS: 33 USC 2310

§ 2311. Report to Congress covering proposals for water impoundment facilities

Any report that is submitted to the Committee on Environment and Public Works of the Senate or the Committee on Public Works and Transportation of the House of Representatives by the Secretary, or the Secretary of Agriculture acting under Public Law 83–566, as amended [16 U.S.C. 1001 et seq.], which proposes construction of a water impoundment facility, shall include information on the consequences of failure and geologic or design factors which could contribute to the possible failure of such facility.

(Pub. L. 99–662, title XII, § 1202, Nov. 17, 1986, 100 Stat. 4263.)

CITE AS: 33 USC 2311

§ 2312. Comments on certain changes in operations of reservoirs

Before the Secretary may make changes in the operation of any reservoir which will result in or require a reallocation of storage space in such reservoir or will significantly affect any project purpose, the Secretary shall provide an opportunity for public review and comment.

(Pub. L. 100–676, § 5, Nov. 17, 1988, 102 Stat. 4022.)

CITE AS: 33 USC 2312

§ 2313. Research and development
(a) In general
(b) Testing and application
(c) Other transactional authority for prototype projects
(1) In general
(2) Follow-on production transactions
(3) Guidance
(4) ConditionsIn carrying out this subsection, the Secretary shall ensure that—
(A) competitive procedures are used to the maximum extent practicable to award each transaction; and
(B) at least one of the following conditions is met with respect to each transaction:
(i) The prototype project includes significant participation by at least one nonprofit research institution or nontraditional defense contractor, as that term is defined in section 3014 of title 10.
(ii) All significant participants in the transaction other than the Federal Government are small business concerns, as that term is used in section 632 of title 15 (including such concerns participating in a program described in section 638 of title 15).
(iii) At least one-third of the total cost of the prototype project is to be paid out of funds provided by sources other than the Federal Government.
(iv) The Head of the Contracting Activity for the Corps of Engineers submits to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a notification that exceptional circumstances justify the use of a transaction that provides for innovative business arrangements or structures that would not be feasible or appropriate under a contract, cooperative agreement, or grant.
(5) NotificationNot later than 30 days before the Secretary enters into a transaction under paragraph (1), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of—
(A) the dollar amount of the transaction;
(B) the entity carrying out the prototype project that is the subject of the transaction;
(C) the justification for the transaction; and
(D) as applicable, the water resources development project where the prototype project will be carried out.
(6) Report
(7) Comptroller General access to information
(A) Examination of records
(B) Limitations
(i) Parties and entities
(ii) Records
(C) WaiverThe Head of the Contracting Activity for the Corps of Engineers may waive the applicability of subparagraph (A) to a transaction if the Head of the Contracting Activity for the Corps of Engineers—
(i) determines that it would not be in the public interest to apply the requirement to the transaction; and
(ii) transmits to the Committee on Environment and Public Works of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Comptroller General, before the transaction is entered into, a notification of the waiver, including the rationale for the determination under clause (i).
(D) Timing
(E) Report
(8) Termination of authority
(d) Coordination and consultation
(e) Annual report
(1) In general
(2) ContentsEach report under paragraph (1) shall include—
(A) a description of each ongoing and new activity or project, including—
(i) the estimated total cost of the activity or project;
(ii) the amount of Federal expenditures for the activity or project;
(iii) the amounts provided by a non-Federal party to a transaction described in subsection (c), if applicable;
(iv) the estimated timeline for completion of the activity or project;
(v) the requesting district of the Corps of Engineers, if applicable; and
(vi) how the activity or project is consistent with subsection (a); and
(B) any additional information that the Secretary determines to be appropriate.
(f) Savings clause
(g) Establishment of account
(Pub. L. 100–676, § 7, Nov. 17, 1988, 102 Stat. 4022; Pub. L. 104–303, title II, § 214, Oct. 12, 1996, 110 Stat. 3684; Pub. L. 117–263, div. H, title LXXXI, § 8160(a), Dec. 23, 2022, 136 Stat. 3741.)

CITE AS: 33 USC 2313

§ 2313a. Engineering and environmental innovations of national significance
(a) Surveys, plans, and studies
(b) Funding
(1) Authorization of appropriations
(2) Funding from other sources
(Pub. L. 104–303, title II, § 212, Oct. 12, 1996, 110 Stat. 3684.)

CITE AS: 33 USC 2313a

§ 2313b. Support of Army civil works program
(a) General authority
(b) Commercial application
(Pub. L. 104–303, title II, § 229, Oct. 12, 1996, 110 Stat. 3703.)

CITE AS: 33 USC 2313b

§ 2314. Innovative technology
(a) Use
The Secretary shall, whenever feasible, seek to promote long- and short-term cost savings, increased efficiency, reliability, and safety, and improved environmental results through the use of innovative technology in all phases of water resources development projects and programs under the Secretary’s jurisdiction. To further this goal, Congress encourages the Secretary to—
(1) use procurement and contracting procedures that encourage innovative project design, construction, rehabilitation, repair, and operation and maintenance technologies;
(2) frequently review technical and design criteria to remove or modify unnecessary impediments to innovation;
(3) increase timely exchange of technical information with universities, private companies, government agencies, and individuals;
(4) foster design competition; and
(5) encourage greater participation by non-Federal project sponsors in the development and implementation of projects.
(b) Accelerated adoption of innovative technologies for management of contaminated sediments
(1) Test projects
(2) Demonstration projects
(3) Conduct of projects
(4) Location
(c) Reports
(d) “Innovative technology” defined
(Pub. L. 100–676, § 8, Nov. 17, 1988, 102 Stat. 4023; Pub. L. 106–53, title V, § 503(b), Aug. 17, 1999, 113 Stat. 337; Pub. L. 113–121, title III, § 3021, June 10, 2014, 128 Stat. 1301.)

CITE AS: 33 USC 2314

§ 2314a. Technical assistance program
(a) In general
The Secretary is authorized to provide technical assistance, on a nonexclusive basis, to any United States firm which is competing for, or has been awarded, a contract for the planning, design, or construction of a project outside the United States, if the United States firm provides, in advance of fiscal obligation by the United States, funds to cover all costs of such assistance. In determining whether to provide such assistance, the Secretary shall consider the effects on the Department of the Army civil works mission, personnel, and facilities. Prior to the Secretary providing such assistance, a United States firm must—
(1) certify to the Secretary that such assistance is not otherwise reasonably and expeditiously available; and
(2) agree to hold and save the United States free from damages due to the planning, design, construction, operation, or maintenance of the project.
(b) Federal employees’ inventions
As to an invention made or conceived by a Federal employee while providing assistance pursuant to this section, if the Secretary decides not to retain all rights in such invention, the Secretary may—
(1) grant or agree to grant in advance, to a United States firm, a patent license or assignment, or an option thereto, retaining a nonexclusive, nontransferable, irrevocable, paid-up license to practice the invention or have the invention practiced throughout the world by or on behalf of the United States and such other rights as the Secretary deems appropriate; or
(2) waive, subject to reservation by the United States of a nonexclusive, irrevocable, paid-up license to practice the invention or have the invention practiced throughout the world by or on behalf of the United States, in advance, in whole, or in part, any right which the United States may have to such invention.
(c) Protection of confidential information
(d) Definitions
For purposes of this section—
(1) United States firm
(2) United States
(Pub. L. 100–676, § 9, Nov. 17, 1988, 102 Stat. 4024; Pub. L. 101–640, title III, § 318(c), Nov. 28, 1990, 104 Stat. 4642.)

CITE AS: 33 USC 2314a

§ 2314b. Advanced modeling technologies
(a) In general
To the greatest extent practicable, the Secretary shall encourage and incorporate advanced modeling technologies, including 3-dimensional digital modeling, that can expedite project delivery or improve the evaluation of water resources development projects that receive Federal funding by—
(1) accelerating and improving the environmental review process;
(2) increasing effective public participation;
(3) enhancing the detail and accuracy of project designs;
(4) increasing safety;
(5) accelerating construction and reducing construction costs; or
(6) otherwise achieving the purposes described in paragraphs (1) through (5).
(b) Activities
In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall—
(1) compile information related to advanced modeling technologies, including industry best practices with respect to the use of the technologies;
(2) disseminate to non-Federal interests the information described in paragraph (1); and
(3) promote the use of advanced modeling technologies.
(Pub. L. 113–121, title I, § 1034, June 10, 2014, 128 Stat. 1234.)

CITE AS: 33 USC 2314b

§ 2315. Periodic statements

Upon receipt of a request from a non-Federal sponsor of a water resources development project under construction by the Secretary, the Secretary shall provide such sponsor with periodic statements of project expenditures. Such statements shall include an estimate of all Federal and non-Federal funds expended by the Secretary, including overhead expenditures, the purpose for expenditures, and a schedule of anticipated expenditures during the remaining period of construction. Statements shall be provided to the sponsor at intervals of no greater than 6 months.

(Pub. L. 100–676, § 10, Nov. 17, 1988, 102 Stat. 4024.)

CITE AS: 33 USC 2315

§ 2315a. Transparency in accounting and administrative expenses

On the request of a non-Federal interest, the Secretary shall provide to the non-Federal interest a detailed accounting of the Federal expenses associated with a water resources project.

(Pub. L. 113–121, title I, § 1012(a), June 10, 2014, 128 Stat. 1218.)

CITE AS: 33 USC 2315a

§ 2315b. Transparency and accountability in cost sharing for water resources development projects
(a) Definition of balance sheet
In this section, the term “balance sheet” means a document that describes—
(1) the funds provided by each Federal and non-Federal interest for a water resources development project; and
(2) the status of those funds.
(b) Establishment of balance sheet
Each district of the Corps of Engineers shall, using the authority of the Secretary under section 2315 of this title—
(1) maintain a balance sheet for each water resources development project carried out by the Secretary for which a non-Federal cost share is required; and
(2) on request of a non-Federal interest that provided funds for the project, provide to the non-Federal interest a copy of the balance sheet.
(c) Under-budget projects
(Pub. L. 115–270, title I, § 1120, Oct. 23, 2018, 132 Stat. 3777.)

CITE AS: 33 USC 2315b

§ 2316. Environmental protection mission
(a) General rule
(b) Limitation
Nothing in this section affects—
(1) existing Corps of Engineers’ authorities, including its authorities with respect to navigation and flood control;
(2) pending Corps of Engineers permit applications or pending lawsuits involving permits or water resources projects; or
(3) the application of public interest review procedures for Corps of Engineers permits.
(Pub. L. 101–640, title III, § 306, Nov. 28, 1990, 104 Stat. 4635.)

CITE AS: 33 USC 2316

§ 2317. Wetlands
(a) Goals and action plan
(1) Goals
(2) Use of authorities
(3) Action plan
(A) Development
(B) Contents
(C) Completion deadline
(b) Constructed wetlands for Mud Creek, ArkansasNotwithstanding any other provision of law, the Secretary is authorized and directed to establish and carry out a research and pilot project to evaluate and demonstrate—
(1) the use of constructed wetlands for wastewater treatment, and
(2) methods by which such projects contribute—
(A) to meeting the objective of the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.] to restore and maintain the physical, chemical, and biological integrity of the Nation’s waters, and
(B) to attaining the goals established by subsection (a).
The project under this subsection shall be carried out to improve the quality of effluent discharged from publicly owned treatment works operated by the city of Fayetteville, Arkansas, into Mud Creek or its tributaries.
(c) Non-Federal responsibilitiesFor the project conducted under subsection (b), the non-Federal interest shall agree—
(1) to provide, without cost to the United States, all lands, easements, rights-of-way, relocations, and dredged material disposal areas necessary for construction and subsequent research and demonstration work;
(2) to hold and save the United States free from damages due to construction, operation, and maintenance of the project, except damages due to the fault or negligence of the United States or its contractors; and
(3) to operate and maintain the restored or constructed wetlands in accordance with good management practices; except that nothing in this paragraph shall be construed as precluding a Federal agency from agreeing to operate and maintain the restored or reconstructed wetlands.
The value of the non-Federal lands, easements, rights-of-way, relocations, and dredged material disposal areas provided by the non-Federal interest shall be credited toward the non-Federal share of project design and construction costs. The non-Federal share of project design and construction costs shall be 25 percent.
(d) Wetlands restoration and enhancement demonstration program
(1) Establishment and implementation
(2) Goal
(3) Factors to considerIn establishing the demonstration program under this subsection, the Secretary shall consider—
(A) past experience with wetlands restoration, enhancement, and creation;
(B) the appropriate means of measuring benefits of compensatory mitigation activities, including enhancement or restoration of existing wetlands or creation of wetlands;
(C) the appropriate geographic scope for which wetlands loss may be offset by restoration, enhancement, and creation efforts;
(D) the technical feasibility and scientific likelihood that wetlands can be successfully restored, enhanced, and created;
(E) means of establishing liability for, and long-term ownership of, wetlands restoration, enhancement, and creation areas; and
(F) responsibilities for short- and long-term project monitoring.
(4) Reporting
(A) To the Chief of Engineers
(B) To Congress
(5) Effect on other laws
(e) Training and certification of delineators
(1) In general
(2) Reports
(Pub. L. 101–640, title III, § 307, Nov. 28, 1990, 104 Stat. 4635.)

CITE AS: 33 USC 2317

§ 2317a. Cooperative agreements
(a) In general
(b) Limitations
(1) Per project limit
(2) Annual limit
(Pub. L. 110–114, title II, § 2015, Nov. 8, 2007, 121 Stat. 1076.)

CITE AS: 33 USC 2317a

§ 2317b. Mitigation banks and in-lieu fee arrangements
(1) In general
(2) RequirementsAll potential mitigation bank and in-lieu fee credits that meet the criteria under paragraph (1) shall be considered a reasonable alternative for planning purposes if—
(A) the applicable mitigation bank—
(i) has an approved mitigation banking instrument; and
(ii) has completed a functional analysis of the potential credits using the approved Corps of Engineers certified habitat assessment model specific to the region; and
(B) the Secretary determines that the use of such banks or in-lieu fee programs provide reasonable assurance that the statutory (and regulatory) mitigation requirements for a water resources development project are met, including monitoring or demonstrating mitigation success.
(3) EffectNothing in this subsection—
(A) modifies or alters any requirement for a water resources development project to comply with applicable laws or regulations, including section 2283 of this title; or
(B) shall be construed as to limit mitigation alternatives or require the use of mitigation banks or in-lieu fee programs.
(Pub. L. 110–114, title II, § 2036(c), Nov. 8, 2007, 121 Stat. 1094; Pub. L. 114–322, title I, § 1163, Dec. 16, 2016, 130 Stat. 1669.)

CITE AS: 33 USC 2317b

§ 2318. Flood plain management
(a) Exclusion of elements from benefit-cost analysis
The Secretary shall not include in the benefit base for justifying Federal flood damage reduction projects—
(1)
(A) any new or substantially improved structure (other than a structure necessary for conducting a water-dependent activity) built in the 100-year flood plain with a first floor elevation less than the 100-year flood elevation after July 1, 1991; or
(B) in the case of a county substantially located within the 100-year flood plain, any new or substantially improved structure (other than a structure necessary for conducting a water-dependent activity) built in the 10-year flood plain after July 1, 1991; and
(2) any structure which becomes located in the 100-year flood plain with a first floor elevation less than the 100-year flood elevation or in the 10-year flood plain, as the case may be, by virtue of constrictions placed in the flood plain after July 1, 1991.
(b) Flood damage reduction benefits
(1) In general
(2) Avoidance of double counting
(c) Counties substantially located within 100-year flood plain
For the purposes of subsection (a), a county is substantially located within the 100-year flood plain—
(1) if the county is comprised of lands of which 50 percent or more are located in the 100-year flood plain; and
(2) if the Secretary determines that application of the requirement contained in subsection (a)(1)(A) with respect to the county would unreasonably restrain continued economic development or unreasonably limit the availability of needed flood control measures.
(d) Cost sharing
(e) Regulations
(f) Applicability
(Pub. L. 101–640, title III, § 308, Nov. 28, 1990, 104 Stat. 4638; Pub. L. 106–53, title II, § 219(a), Aug. 17, 1999, 113 Stat. 294.)

CITE AS: 33 USC 2318

§ 2319. Reservoir management

The Secretary shall ensure that, in developing or revising reservoir operating manuals of the Corps of Engineers, the Corps shall provide significant opportunities for public participation, including opportunities for public hearings. The Secretary shall issue regulations to implement this section, including a requirement that all appropriate informational materials relating to proposed management decisions of the Corps be made available to the public sufficiently in advance of public hearings. Not later than January 1, 1992, the Secretary shall transmit to Congress a report on measures taken pursuant to this section.

(Pub. L. 101–640, title III, § 310, Nov. 28, 1990, 104 Stat. 4639; Pub. L. 104–303, title II, § 233, Oct. 12, 1996, 110 Stat. 3704.)

CITE AS: 33 USC 2319

§ 2320. Protection of recreational and commercial uses
(a) General rule
(b) Maintenance
(c) Mitigation
(1) In general
(2) Maximum amount
(3) Termination date
(d) Applicability
(1) General rule
(2) Limitation
(e) Cost sharing
(Pub. L. 101–640, title III, § 313, Nov. 28, 1990, 104 Stat. 4640.)

CITE AS: 33 USC 2320

§ 2321. Operation and maintenance of navigation and hydroelectric facilities
(a) In general
(b) Major maintenance contracts allowed
(c) Exclusion
This section does not—
(1) apply to a navigation facility that was under contract on or before October 23, 2018, with a non-Federal interest to perform operations or maintenance; and
(2) prohibit the Secretary from contracting out commercial activities after October 23, 2018, at a navigation facility.
(Pub. L. 101–640, title III, § 314, Nov. 28, 1990, 104 Stat. 4641; Pub. L. 115–270, title I, § 1151(a), Oct. 23, 2018, 132 Stat. 3787.)

CITE AS: 33 USC 2321

§ 2321a. Hydroelectric power project uprating
(a) In general
In carrying out the operation, maintenance, rehabilitation, and modernization of a hydroelectric power generating facility at a water resources project under the jurisdiction of the Department of the Army, the Secretary may, to the extent funds are made available in appropriations Acts or in accordance with subsection (c), take such actions as are necessary to optimize the efficiency of energy production or increase the capacity of the facility, or both, if, after consulting with the heads of other appropriate Federal and State agencies, the Secretary determines that such actions—
(1) are economically justified and financially feasible;
(2) will not result in any significant adverse effect on the other purposes for which the project is authorized;
(3) will not result in significant adverse environmental impacts;
(4) will not involve major structural or operational changes in the project; and
(5) will not adversely affect the use, management, or protection of existing Federal, State, or tribal water rights.
(b) Consultation
(c) Use of funds provided by preference customers
(d) Application
(e) Effect on other authority
(Pub. L. 104–303, title II, § 216, Oct. 12, 1996, 110 Stat. 3694; Pub. L. 106–541, title II, § 212, Dec. 11, 2000, 114 Stat. 2593.)

CITE AS: 33 USC 2321a

§ 2321b. Expediting hydropower at Corps of Engineers facilities
(a) PolicyCongress declares that it is the policy of the United States that—
(1) the development of non-Federal hydroelectric power at Corps of Engineers water resources development projects, including locks and dams, shall be given priority;
(2) Corps of Engineers approval of non-Federal hydroelectric power at Corps of Engineers water resources development projects, including permitting required under section 408 of this title, shall be completed by the Corps of Engineers in a timely and consistent manner; and
(3) approval of hydropower at Corps of Engineers water resources development projects shall in no way diminish the other priorities and missions of the Corps of Engineers, including authorized project purposes and habitat and environmental protection.
(b) Implementation of policyThe Secretary shall—
(1) ensure that the policy described in subsection (a) is implemented nationwide in an efficient, consistent, and coordinated manner; and
(2) assess opportunities—
(A) to increase the development of hydroelectric power at existing water resources development projects of the Corps of Engineers with hydroelectric facilities; and
(B) to develop new hydroelectric power at existing nonpowered water resources development projects of the Corps of Engineers.
(c) ReportNot later than 2 years after June 10, 2014
(1) a description of initiatives carried out by the Secretary to encourage the development of hydroelectric power by non-Federal entities at Corps of Engineers water resources development projects and to meet the requirements of subsection (b);
(2) a list of all new hydroelectric power activities by non-Federal entities approved at Corps of Engineers water resources development projects in that fiscal year, including the length of time the Secretary needed to approve those activities;
(3) a description of the status of each pending application from non-Federal entities for approval to develop hydroelectric power at Corps of Engineers water resources development projects;
(4) a description of any benefits or impacts to the environment, recreation, or other uses associated with Corps of Engineers water resources development projects at which non-Federal entities have developed hydroelectric power in the previous fiscal year; and
(5) the total annual amount of payments or other services provided to the Corps of Engineers, the Treasury, and any other Federal agency as a result of approved non-Federal hydropower projects at Corps of Engineers water resources development projects.
(d) Reviewing hydropower at Corps of Engineers facilities
(1) Definition of eligible non-Federal interest
(2) Evaluation
(A) In general
(B) DeadlineNot later than 180 days after the date on which the Secretary receives a written request under subparagraph (A), the Secretary shall provide to the non-Federal interest a written response to inform the non-Federal interest—
(i) that the Secretary has approved the request to conduct an evaluation; or
(ii) of any additional information necessary for the Secretary to approve the request to conduct an evaluation.
(3) Operational changesAn operational change referred to in paragraph (2)(A) may include—
(A) changes to seasonal pool levels;
(B) modifying releases from the project; and
(C) other changes included in the written request submitted under that paragraph that enhance the usage of the project to facilitate production of non-Federal hydropower, consistent with authorized project purposes.
(4) Cost share
(5) Deadline
(6) Report
(7) Savings provisionNothing in this subsection—
(A) affects the authorized purposes of a Corps of Engineers water resources development project;
(B) affects existing authorities of the Corps of Engineers, including authorities with respect to navigation, flood damage reduction, environmental protection and restoration, water supply and conservation, and other related purposes; or
(C) authorizes the Secretary to make any operational changes to a Corps of Engineers water resources development project.
(Pub. L. 113–121, title I, § 1008, June 10, 2014, 128 Stat. 1215; Pub. L. 116–260, div. AA, title I, § 146, Dec. 27, 2020, 134 Stat. 2655; Pub. L. 117–263, div. H, title LXXXI, § 8123, Dec. 23, 2022, 136 Stat. 3714.)

CITE AS: 33 USC 2321b

§ 2322. Single entities

For purposes of Federal participation in water resource development projects which are to be carried out by the Secretary, benefits which are to be provided to a facility owned by a State (including the District of Columbia and a territory or possession of the United States), county, municipality, or other public entity shall not be treated as benefits to be provided a single owner or single entity. The Secretary shall not treat such a facility as a single owner or single entity for any purpose.

(Pub. L. 101–640, title III, § 317, Nov. 28, 1990, 104 Stat. 4641.)

CITE AS: 33 USC 2322

§ 2323. Technical assistance to private entities
(a) Use of Corps research and development labs
The Secretary is authorized to use Corps of Engineers research and development laboratories to provide research and development assistance to corporations, partnerships, limited partnerships, consortia, public and private foundations, universities, and nonprofit organizations operating within the United States, territories or possessions of the United States, and the Commonwealths of Puerto Rico and the Northern Mariana Islands—
(1) if the entity furnishes in advance of fiscal obligation by the United States such funds as are necessary to cover any and all costs of such research and development assistance;
(2) if the Secretary determines that the research and development assistance to be provided is within the mission of the Corps of Engineers and is in the public interest;
(3) if the entity has certified to the Secretary that provision of such research and development assistance is not otherwise reasonably and expeditiously obtainable from the private sector; and
(4) if the entity has agreed to hold and save the United States free from any damages due to any such research and development assistance.
(b) Contract
(c) Omitted
(Pub. L. 101–640, title III, § 318, Nov. 28, 1990, 104 Stat. 4641.)

CITE AS: 33 USC 2323

§ 2323a. Interagency and international support authority
(a) In general
(b) Consultation
(c) Use of Corps’ expertise
(d) Funding
(1) In general
(2) Acceptance of funds
(Pub. L. 104–303, title II, § 234, Oct. 12, 1996, 110 Stat. 3704; Pub. L. 106–541, title II, § 207, Dec. 11, 2000, 114 Stat. 2590; Pub. L. 110–114, title II, § 2030, Nov. 8, 2007, 121 Stat. 1081; Pub. L. 113–121, title I, § 1029, June 10, 2014, 128 Stat. 1230.)

CITE AS: 33 USC 2323a

§ 2324. Reduced pricing for certain water supply storage
(a) Provision of storage space
(b) Maximum amount of storage space
(c) Price
The Secretary shall provide water supply storage space under this section at a price which is the greater of—
(1) the updated construction cost of the project allocated to provide such amount of water supply storage space or $100 per acre foot of storage space, whichever is less; and
(2) the value of the benefits which are lost as a result of providing such water supply storage space.
(d) Determinations
(e) Inflation adjustment of dollar amount
(f) Non-Federal responsibilities
(g) “Low income community” defined
The term “low income community” means—
(1) a community with a population of less than 20,000 which is located in a county with a per capita income less than the per capita income of two-thirds of the counties in the United States; or
(2) a regional water system that serves a population of less than 100,000, for which the per capita income is less than the per capita income of not less than 50 percent of the counties in the United States.
(Pub. L. 101–640, title III, § 322, Nov. 28, 1990, 104 Stat. 4643; Pub. L. 116–260, div. AA, title III, § 350, Dec. 27, 2020, 134 Stat. 2716.)

CITE AS: 33 USC 2324

§ 2325. Voluntary contributions for environmental and recreation projects
(a) Acceptance
(b) Deposit
(Pub. L. 102–580, title II, § 203, Oct. 31, 1992, 106 Stat. 4826; Pub. L. 104–303, title II, § 236(a), Oct. 12, 1996, 110 Stat. 3705.)

CITE AS: 33 USC 2325

§ 2325a. Authority to accept and use materials and services
(a) In general
Subject to subsection (b), the Secretary is authorized to accept and use materials, services, or funds contributed by a non-Federal public entity, a nonprofit entity, or a private entity to repair, restore, replace, or maintain a water resources project in any case in which the District Commander determines that—
(1) there is a risk of adverse impacts to the functioning of the project for the authorized purposes of the project; and
(2) acceptance of the materials and services or funds is in the public interest.
(b) Limitation
(c) Additional requirements
(1) Applicable laws and regulations
(2) Supplementary services
(d) Report
Not later than February 1 of each year after the first fiscal year in which materials, services, or funds are accepted under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual report that includes—
(1) a description of the activities undertaken, including the costs associated with the activities; and
(2) a comprehensive description of how the activities are necessary for maintaining a safe and reliable water resources project.
(Pub. L. 113–121, title I, § 1024, June 10, 2014, 128 Stat. 1229; Pub. L. 114–322, title I, § 1153, Dec. 16, 2016, 130 Stat. 1663.)

CITE AS: 33 USC 2325a

§ 2325b. Materials, services, and funds for repair, restoration, or rehabilitation of projects
(a) Definitions
In this section:
(1) Covered area
The term “covered area” means an area—
(A) for which the Governor of a State has requested a determination that an emergency exists; or
(B) covered by an emergency or major disaster declaration declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(2) Emergency period
The term “emergency period” means—
(A) with respect to a covered area described in paragraph (1)(A), the period during which the Secretary determines an emergency exists; and
(B) with respect to a covered area described in paragraph (1)(B), the period during which the applicable declaration is in effect.
(b) In general
(c) Additional requirement
(d) Agreements
(1) In general
Prior to the acceptance of materials, services, or funds under this section, the Secretary and the non-Federal interest or private entity shall enter into an agreement that specifies—
(A) the non-Federal interest or private entity shall hold and save the United States free from any and all damages that arise from use of materials or services of the non-Federal interest or private entity, except for damages due to the fault or negligence of the United States or its contractors;
(B) the non-Federal interest or private entity shall certify that the materials or services comply with all applicable laws and regulations under subsection (c); and
(C) any other term or condition required by the Secretary.
(2) Exception
If an agreement under paragraph (1) was not entered prior to materials or services being contributed, a non-Federal interest or private entity shall enter into an agreement with the Secretary that—
(A) specifies the value, as determined by the Secretary, of those materials or services contributed and eligible for reimbursement; and
(B) ensures that the materials or services comply with subsection (c) and paragraph (1).
(Pub. L. 116–260, div. AA, title I, § 130, Dec. 27, 2020, 134 Stat. 2642.)

CITE AS: 33 USC 2325b

§ 2326. Regional sediment management
(a) In general
(1) Sediment use
(A) Sediment from Federal water resources projects
(B) Sediment from other Federal sources and non-Federal sources
(2) Cooperation
(3) Purposes for sediment use in projects
The purposes of using sediment for the construction, repair, modification, or rehabilitation of Federal water resources projects are—
(A) to reduce storm damage to property;
(B) to protect, restore, and create aquatic and ecologically related habitats, including wetlands; and
(C) to transport and place suitable sediment for the purposes of improving environmental conditions in marsh and littoral systems, stabilizing stream channels, enhancing shorelines, and supporting State and local risk management adaptation strategies.
(4) Reducing costs
(b) Secretarial findings
Subject to subsection (c), projects carried out under subsection (a) may be carried out in any case in which the Secretary finds that—
(1) the environmental, economic, and social benefits of the project, both monetary and nonmonetary, justify the cost of the project; and
(2) the project will not result in environmental degradation.
(c) Determination of project costs
(1) Costs of construction
(A) In general
(B) Cost sharing
(i) In general
(ii) Special rule
(C) Total cost
(2)
(d) Selection of dredged material disposal method for purposes related to environmental restoration or storm damage and flood reduction
(1) In general
At the request of the non-Federal interest for a water resources development project involving the disposal of dredged material, the Secretary, using funds appropriated for construction or operation and maintenance of the project, may select a disposal method that is not the least cost option if the Secretary determines that the incremental costs of the disposal method are reasonable in relation to—
(A) the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetlands and control of shoreline erosion; or
(B) the hurricane and storm or flood risk reduction benefits, including shoreline protection, protection against loss of life, and damage to improved property.
(2) Federal share
(3) Special rule
(4) Disposal at non-Federal cost
(5) Selection of dredged material disposal method for certain purposes
Activities carried out under this subsection—
(A) shall be carried out using amounts appropriated for construction or operation and maintenance of the project involving the disposal of the dredged material; and
(B) shall not carried 1
1 So in original. Probably should be preceded by “be”.
out using amounts made available under subsection (g).
(e) State and regional plans
The Secretary may—
(1) cooperate with any State or group of States in the preparation of a comprehensive State or regional sediment management plan within the boundaries of the State or among States;
(2) encourage State participation in the implementation of the plan; and
(3) submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out the plan.
(f) Priority areas
In carrying out this section, the Secretary shall give priority to a regional sediment management project in the vicinity of each of the following:
(1) Little Rock Slackwater Harbor, Arkansas.
(2) Fletcher Cove, California.
(3) Egmont Key, Florida.
(4) Calcasieu Ship Channel, Louisiana.
(5) Delaware River Estuary, New Jersey and Pennsylvania.
(6) Fire Island Inlet, Suffolk County, New York.
(7) Smith Point Park Pavilion and the TWA Flight 800 Memorial, Brookhaven, New York.
(8) Morehead City, North Carolina.
(9) Toledo Harbor, Lucas County, Ohio.
(10) Galveston Bay, Texas.
(11) Benson Beach, Washington.
(g) Authorization of appropriations
(Pub. L. 102–580, title II, § 204, Oct. 31, 1992, 106 Stat. 4826; Pub. L. 104–303, title II, § 207, Oct. 12, 1996, 110 Stat. 3680; Pub. L. 106–53, title II, § 209, Aug. 17, 1999, 113 Stat. 287; Pub. L. 110–114, title II, § 2037(a), Nov. 8, 2007, 121 Stat. 1094; Pub. L. 113–121, title I, §§ 1030(d)(1), 1038, June 10, 2014, 128 Stat. 1232, 1236; Pub. L. 114–322, title I, § 1122(i), Dec. 16, 2016, 130 Stat. 1647; Pub. L. 115–270, title I, §§ 1150, 1157(d), Oct. 23, 2018, 132 Stat. 3787, 3794; Pub. L. 116–260, div. AA, title I, § 125(a)(2)(C), Dec. 27, 2020, 134 Stat. 2637.)

CITE AS: 33 USC 2326

§ 2326a. Dredged material disposal facility partnerships
(a) Additional capacity or replacement capacity
(1) Provided by Secretary
(A) In general
Subject to subparagraph (B), at the request of a non-Federal interest with respect to a project, the Secretary may—
(i) provide additional capacity at a dredged material disposal facility constructed by the Secretary beyond the capacity that would be required for project purposes; or
(ii) permit the use of dredged material disposal facility capacity required for project purposes by the non-Federal interest if the Secretary determines that replacement capacity can be constructed at the facility or another facility or site before such capacity is needed for project purposes.
(B) Agreement
Before the Secretary takes an action under subparagraph (A), the non-Federal interest shall agree to pay—
(i) all costs associated with the construction of the additional capacity or replacement capacity in advance of construction of such capacity; and
(ii) in the case of use by a non-Federal interest of dredged material disposal capacity required for project purposes under subparagraph (A)(ii), any increase in the cost of operation and maintenance of the project that the Secretary determines results from the use of the project capacity by the non-Federal interest in advance of each cycle of dredging.
(C) Credit
(2) Cost recovery authority
(3) Special rule for designation of replacement capacity facility or site
(A) In general
Subject to such terms and conditions as the Secretary determines to be necessary or advisable, an agreement under paragraph (1)(B) for use permitted under paragraph (1)(A)(ii) shall reserve to the non-Federal interest—
(i) the right to submit to the Secretary for approval at a later date an alternative to the facility or site designated in the agreement for construction of replacement capacity; and
(ii) the right to construct the replacement capacity at the alternative facility or site at the expense of the non-Federal interest.
(B) Requirement
The Secretary shall not reject a site for the construction of replacement capacity under paragraph (1)(A)(ii) that is submitted by the non-Federal interest for approval by the Secretary before the date of execution of the agreement under paragraph (1)(B), or thereafter, unless the Secretary—
(i) determines that the site is environmentally unacceptable, geographically unacceptable, or technically unsound; and
(ii) provides a written basis for the determination under clause (i) to the non-Federal interest.
(4) Public comment
(b) Non-Federal use of disposal facilities
(1) In general
The Secretary—
(A) may permit the use of any dredged material disposal facility under the jurisdiction of, or managed by, the Secretary by a non-Federal interest if the Secretary determines that such use will not reduce the availability of the facility for project purposes; and
(B) may impose fees to recover capital, operation, and maintenance costs associated with such use.
(2) Use of fees
(c) Dredged material facility
(1) In general
(2) Performance
(3) Multiple projects
(4) Specified Federal funding sources and cost sharing
(A) Specified Federal funding
A partnership agreement with respect to a facility under this subsection shall specify—
(i) the Federal funding sources and combined cost-sharing when applicable to multiple water resources projects; and
(ii) the responsibilities and risks of each of the parties relating to present and future dredged material managed by the facility.
(B) Management of sediments
(i) In general
(ii) Payments
(C) Credit
(5) Credit
(A) Effect on existing agreements
(B) Credit for funds
(C) Non-Federal interest responsibilities
A non-Federal interest entering into a partnership agreement under this subsection for a facility shall—
(i) be responsible for providing all necessary lands, easements, relocations, and rights-of-way associated with the facility; and
(ii) receive credit toward the non-Federal share of the cost of the project with respect to which the agreement is being entered into for those items.
(d) Public-private partnerships
(1) In general
(2) Private financing
(A) Agreements
(B) Reimbursement
(C) Amount of fees
(D) Federal share
(E) Budget Act compliance
(Pub. L. 104–303, title II, § 217, Oct. 12, 1996, 110 Stat. 3694; Pub. L. 110–114, title II, § 2005, Nov. 8, 2007, 121 Stat. 1071; Pub. L. 116–260, div. AA, title I, § 145, Dec. 27, 2020, 134 Stat. 2654.)

CITE AS: 33 USC 2326a

§ 2326b. Sediment management
(a) In general
(b) Contents of strategies
Each strategy developed under subsection (a) shall—
(1) include assessments of sediment rates and composition, sediment reduction options, dredging practices, long-term management of any dredged material disposal facilities, remediation of such facilities, and alternative disposal and reuse options;
(2) include a timetable for implementation of the strategy; and
(3) incorporate relevant ongoing planning efforts, including remedial action planning, dredged material management planning, harbor and waterfront development planning, and watershed management planning.
(c) Consultation
(d) Dredged material disposal
(1) Study
(2) Report
(e) Great Lakes tributary model
(1) In general
(2) Requirements for models
(3) Report
(f) “Great Lakes States” defined
(g) Coastal mapping
The Secretary shall develop and carry out a plan for the recurring mapping of coastlines that are experiencing rapid change, including such coastlines in—
(1) Alaska;
(2) Hawaii; and
(3) any territory or possession of the United States.
(h) Authorization of appropriations
(1) In general
(2) Great Lakes tributary model
(3) Coastal mapping
(Pub. L. 104–303, title V, § 516, Oct. 12, 1996, 110 Stat. 3763; Pub. L. 106–541, title V, § 505, Dec. 11, 2000, 114 Stat. 2645; Pub. L. 110–114, title V, § 5013, Nov. 8, 2007, 121 Stat. 1195; Pub. L. 116–260, div. AA, title I, § 148, Dec. 27, 2020, 134 Stat. 2656.)

CITE AS: 33 USC 2326b

§ 2326c. Reservoir sediment
(a) In general
(b) Requirements
In carrying out this section, the Secretary shall—
(1) review the services of the non-Federal interest or commercial entity to ensure that the services are consistent with the authorized purposes of the project concerned;
(2) ensure that the non-Federal interest or commercial entity will indemnify the United States for, or has entered into an agreement approved by the Secretary to address, any adverse impact to the dam as a result of such services; and
(3) require the non-Federal interest or commercial entity, prior to initiating the services and upon completion of the services, to conduct sediment surveys to determine the pre- and post-services sediment profile and sediment quality.
(c) Limitation
(1) In general
(2) Report to Congress
(d) Disposition of removed sediment
(e) Congressional notification
(f) Report to Congress
(Pub. L. 106–541, title II, § 215, Dec. 11, 2000, 114 Stat. 2594; Pub. L. 114–322, title I, § 1115(a), Dec. 16, 2016, 130 Stat. 1638; Pub. L. 115–270, title I, § 1146, Oct. 23, 2018, 132 Stat. 3786.)

CITE AS: 33 USC 2326c

§ 2326d. Alternative projects to maintenance dredging

The Secretary may enter into agreements to assume the operation and maintenance costs of an alternative project to maintenance dredging for a Federal navigation channel if the costs of the operation and maintenance of the alternative project, and any remaining costs necessary for maintaining the Federal navigation channel, are less than the costs of maintaining such channel without the alternative project.

(Pub. L. 114–322, title I, § 1106, Dec. 16, 2016, 130 Stat. 1634.)

CITE AS: 33 USC 2326d

§ 2326e. Non-Federal interest dredging authority
(a) In general
(b) Cost limitations
(c) Agreement
(d) Provision of equipment
In carrying out maintenance activities under this section, a non-Federal interest shall—
(1) provide equipment at no cost to the Federal Government; and
(2) hold and save the United States free from any and all damage that arises from the use of the equipment of the non-Federal interest, except for damage due to the fault or negligence of a contractor of the Federal Government.
(e) Reimbursement eligibility limitations
Costs that are eligible for reimbursement under this section are the costs of maintenance activities directly related to the costs associated with operation and maintenance of a dredge based on the lesser of—
(1) the costs associated with operation and maintenance of the dredge during the period of time that the dredge is being used in the performance of work for the Federal Government during a given fiscal year; or
(2) the actual fiscal year Federal appropriations that are made available for the portion of the maintenance activities for which the dredge was used.
(f) Audit
Not earlier than 5 years after December 16, 2016, the Secretary may conduct an audit on any maintenance activities for an authorized navigation project (or a separable element of an authorized navigation project) carried out under this section to determine if permitting a non-Federal interest to carry out maintenance activities under this section has resulted in—
(1) improved reliability and safety for navigation; and
(2) cost savings to the Federal Government.
(g) Termination of authority
(Pub. L. 114–322, title I, § 1113, Dec. 16, 2016, 130 Stat. 1637.)

CITE AS: 33 USC 2326e

§ 2326f. Maintenance dredging data
(a) In general
(b) Scope
The Secretary shall include in the database maintained under subsection (a), for each maintenance dredging project and contract, estimated and actual data on—
(1) the volume of dredged material removed;
(2) the initial cost estimate of the Corps of Engineers;
(3) the total cost, including a separate line item for all Federal costs associated with the disposal of dredged material;
(4) the party and vessel carrying out the work; and
(5) the number of private contractor bids received and the bid amounts, including bids that did not win the final contract award.
(Pub. L. 114–322, title I, § 1133, Dec. 16, 2016, 130 Stat. 1654; Pub. L. 117–263, div. H, title LXXXI, § 8207, Dec. 23, 2022, 136 Stat. 3756.)

CITE AS: 33 USC 2326f

§ 2326g. Beneficial use of dredged material; dredged material management plans
(a) National policy on the beneficial use of dredged material
(1) In general
(2) Placement of dredged materials
(A) In general
In evaluating the placement of dredged material obtained from the construction or operation and maintenance of water resources development projects, the Secretary shall consider—
(i) the suitability of the dredged material for a full range of beneficial uses; and
(ii) the economic and environmental benefits, efficiencies, and impacts (including the effects on living coral) of using the dredged material for beneficial uses, including, in the case of beneficial use activities that involve more than one water resources development project, the benefits, efficiencies, and impacts that result from the combined activities.
(B) Calculation of Federal standard
(i) Determination
(ii) Reports
The Secretary shall submit to Congress—
(I) a report detailing the method and all of the factors utilized by the Corps of Engineers to determine the Federal standard referred to in clause (i); and(II) for each evaluation under subparagraph (A), a report displaying the calculations for economic and environmental benefits and efficiencies from the beneficial use of dredged material (including, where appropriate, the utilization of alternative dredging equipment and dredging disposal methods) considered by the Secretary under such subparagraph for the placement or disposal of such material.
(C) Omitted
(Pub. L. 116–260, div. AA, title I, § 125(a), Dec. 27, 2020, 134 Stat. 2636.)

CITE AS: 33 USC 2326g

§ 2326h. Five-year regional dredged material management plans
(1) In general
(2) ScopeEach plan developed under this subsection shall include—
(A) a dredged material budget for each watershed or littoral system within the district;
(B) an estimate of the amount of dredged material likely to be obtained through the construction or operation and maintenance of all water resources development projects projected to be carried out within the district during the 5-year period following submission of the plan, and the estimated timing for obtaining such dredged material;
(C) an identification of potential water resources development projects projected to be carried out within the district during such 5-year period that are suitable for, or that require, the placement of dredged material, and an estimate of the amount of dredged material placement capacity of such projects;
(D) an evaluation of—
(i) the suitability of the dredged material for a full range of beneficial uses; and
(ii) the economic and environmental benefits, efficiencies, and impacts (including the effects on living coral) of using the dredged material for beneficial uses, including, in the case of beneficial use activities that involve more than one water resources development project, the benefits, efficiencies, and impacts that result from the combined activities;
(E) the district-wide goals for beneficial use of the dredged material, including any expected cost savings from aligning and coordinating multiple projects (including projects across Corps districts) in the use of the dredged material; and
(F) a description of potential beneficial use projects identified through stakeholder solicitation and coordination.
(3) Public comment
(4) Public availability
(5) Transmission to Congress
(6) Regional sediment management plansA plan developed under this section—
(A) shall be in addition to regional sediment management plans prepared under section 2326(a) of this title; and
(B) shall not be subject to the limitations in section 2326(g) of this title.
(Pub. L. 116–260, div. AA, title I, § 125(c), Dec. 27, 2020, 134 Stat. 2638.)

CITE AS: 33 USC 2326h

§ 2327. Definition of rehabilitation for inland waterway projectsFor purposes of laws relating to navigation on inland and intracoastal waterways of the United States, the term “rehabilitation” means—
(1) major project feature restoration—
(A) which consists of structural work on an inland navigation facility operated and maintained by the Corps of Engineers;
(B) which will significantly extend the physical life of the feature;
(C) which is economically justified by a benefit-cost analysis;
(D) which will take at least 2 years to complete; and
(E)
(i) which is initially funded before October 1, 1994, and will require at least $5,000,000 in capital outlays; or
(ii) which is initially funded on or after such date and will require at least $20,000,000 in capital outlays; and
(2) structural modification of a major project component (not exhibiting reliability problems)—
(A) which will enhance the operational efficiency of such component or any other major component of the project by increasing benefits beyond the original project design; and
(B) which will require at least $1,000,000 in capital outlays.
Such term does not include routine or deferred maintenance. The dollar amounts referred to in paragraphs (1) and (2) shall be adjusted annually according to the economic assumption published each year as guidance in the Annual Program and Budget Request for Civil Works Activities of the Corps of Engineers.
(Pub. L. 102–580, title II, § 205, Oct. 31, 1992, 106 Stat. 4827; Pub. L. 113–121, title II, § 2006(a)(4), June 10, 2014, 128 Stat. 1268.)

CITE AS: 33 USC 2327

§ 2327a. Rehabilitation of Corps of Engineers constructed pump stations
(a) DefinitionsIn this section:
(1) Eligible pump stationThe term “eligible pump station” means a pump station—
(A) that is a feature of—
(i) a federally authorized flood or coastal storm risk management project; or
(ii) an integrated flood risk reduction system that includes a federally authorized flood or coastal storm risk management project; and
(B) the failure of which the Secretary has determined would demonstrably impact the function of the federally authorized flood or coastal storm risk management project.
(2) Rehabilitation
(A) In general
(B) InclusionsThe term “rehabilitation”, with respect to an eligible pump station, includes—
(i) the incorporation into the eligible pump station of—(I) current design standards;(II) efficiency improvements; and(III) associated drainage; and
(ii) increasing the capacity of the eligible pump station, subject to the condition that the increase shall—(I) significantly decrease the risk of loss of life and property damage; or(II) decrease total lifecycle rehabilitation costs for the eligible pump station.
(b) AuthorizationThe Secretary may carry out rehabilitation of an eligible pump station, if the Secretary determines that—
(1) the eligible pump station has a major deficiency; and
(2) the rehabilitation is feasible.
(c) Cost sharingThe non-Federal interest for the eligible pump station shall—
(1) provide 35 percent of the cost of rehabilitation of an eligible pump station carried out under this section; and
(2) provide all land, easements, rights-of-way, and necessary relocations associated with the rehabilitation described in subparagraph (A), at no cost to the Federal Government.
(d) Agreement requiredThe rehabilitation of an eligible pump station pursuant to this section shall be initiated only after a non-Federal interest has entered into a binding agreement with the Secretary—
(1) to pay the non-Federal share of the costs of rehabilitation under subsection (c); and
(2) to pay 100 percent of the operation and maintenance costs of the rehabilitated eligible pump station, in accordance with regulations promulgated by the Secretary.
(e) Treatment
(f) Authorization of appropriations
(g) Prioritization
(Pub. L. 116–260, div. AA, title I, § 133, Dec. 27, 2020, 134 Stat. 2647; Pub. L. 117–263, div. H, title LXXXI, § 8152, Dec. 23, 2022, 136 Stat. 3733.)

CITE AS: 33 USC 2327a

§ 2328. Challenge cost-sharing program for management of recreation facilities
(a) In general
(b) Cooperative agreements
(c) User fees
(1) Collection of fees
(A) In general
(B) Use of visitor reservation services
(2) Use of fees
A non-Federal public entity that collects user fees under paragraph (1)—
(A) may retain up to 100 percent of the fees collected, as determined by the Secretary; and
(B) notwithstanding section 460d–3(b)(4) of title 16, shall use any retained amount for operation, maintenance, and management activities at the recreation site at which the fee is collected.
(3) Terms and conditions
(d) Contributions
(Pub. L. 102–580, title II, § 225, Oct. 31, 1992, 106 Stat. 4838; Pub. L. 104–303, title II, § 236(b), Oct. 12, 1996, 110 Stat. 3705; Pub. L. 114–322, title I, § 1155, Dec. 16, 2016, 130 Stat. 1663.)

CITE AS: 33 USC 2328

§ 2328a. Special use permits
(a) Special use permits
(1) In general
(2) Fees
(A) In generalIn carrying out this subsection, the Secretary may—
(i) establish and collect fees associated with the issuance of the permits described in paragraph (1); or
(ii) accept in-kind services in lieu of those fees.
(B) Outdoor recreation equipment
(C) Use of feesAny fees generated pursuant to this subsection shall be—
(i) retained at the site collected; and
(ii) available for use, without further appropriation, solely for administering the special permits under this subsection and carrying out related operation and maintenance activities at the site at which the fees are collected.
(b) Cooperative management
(1) Program
(A) In generalSubject to subparagraph (B), the Secretary may enter into an agreement with a State or local government to provide for the cooperative management of a public recreation area if—
(i) the public recreation area is located—(I) at a lake or reservoir operated by the Corps of Engineers; and(II) adjacent to or near a State or local park or recreation area; and
(ii) the Secretary determines that cooperative management between the Corps of Engineers and a State or local government agency of a portion of the Corps of Engineers recreation area or State or local park or recreation area will allow for more effective and efficient management of those areas.
(B) Restriction
(2) Acquisition of goods and services
(3) Administration
(c) Use of funds
(1) In general
(2) Cooperative agreements
(Pub. L. 113–121, title I, § 1047, June 10, 2014, 128 Stat. 1255.)

CITE AS: 33 USC 2328a

§ 2329. International outreach program
(a) Authorization
(1) In general
(2) Inclusions
Activities under paragraph (1) may include—
(A) development, monitoring, assessment, and dissemination of information about foreign water resources projects that could significantly improve water resources development in the United States;
(B) research, development, training, and other forms of technology transfer and exchange; and
(C) offering technical services that cannot be readily obtained in the private sector to be incorporated into water resources projects if the costs for assistance will be recovered under the terms of each project.
(b) Cooperation
(c) Funding
(Pub. L. 102–580, title IV, § 401, Oct. 31, 1992, 106 Stat. 4862; Pub. L. 114–322, title I, § 1138, Dec. 16, 2016, 130 Stat. 1657.)

CITE AS: 33 USC 2329

§ 2330. Aquatic ecosystem restoration
(a) General authority
(1) In general
The Secretary may carry out a project to restore and protect an aquatic ecosystem or estuary if the Secretary determines that the project—
(A)
(i) will improve the quality of the environment and is in the public interest; or
(ii) will improve the elements and features of an estuary (as defined in section 2902 of this title); and
(B) is cost-effective.
(2) Dam removal
(3) Anadromous fish habitat and passage
(A) Measures
A project under this section may include measures to improve habitat or passage for anadromous fish, including—
(i) installing fish bypass structures on small water diversions;
(ii) modifying tide gates; and
(iii) restoring or reconnecting floodplains and wetlands that are important for anadromous fish habitat or passage.
(B) Benefits
(b) Cost sharing
(1) In general
(2) Form
(c) Agreements
(1) In general
(2) Nonprofit entities
(d) Cost limitation
(e) Use of natural and nature-based features
(f) Funding
(g) Prioritization
(Pub. L. 104–303, title II, § 206, Oct. 12, 1996, 110 Stat. 3679; Pub. L. 106–53, title II, § 210, Aug. 17, 1999, 113 Stat. 287; Pub. L. 110–114, title II, § 2020, Nov. 8, 2007, 121 Stat. 1078; Pub. L. 113–121, title I, § 1030(g), June 10, 2014, 128 Stat. 1232; Pub. L. 115–270, title I, §§ 1149(a), 1157(f), Oct. 23, 2018, 132 Stat. 3787, 3794; Pub. L. 116–260, div. AA, title I, § 126(a), Dec. 27, 2020, 134 Stat. 2640.)

CITE AS: 33 USC 2330

§ 2330a. Monitoring ecosystem restoration
(a) In general
(b) Monitoring plan
The monitoring plan shall—
(1) include a description of the monitoring activities to be carried out, the criteria for ecosystem restoration success, and the estimated cost and duration of the monitoring; and
(2) specify that the monitoring shall continue until such time as the Secretary determines that the criteria for ecosystem restoration success will be met.
(c) Cost share
(d) Inclusions
A monitoring plan under subsection (b) shall include a description of—
(1) the types and number of restoration activities to be conducted;
(2) the physical action to be undertaken to achieve the restoration objectives of the project;
(3) the functions and values that will result from the restoration plan; and
(4) a contingency plan for taking corrective actions in cases in which monitoring demonstrates that restoration measures are not achieving ecological success in accordance with criteria described in the monitoring plan.
(e) Conclusion of operation and maintenance responsibility
(f) Federal obligations
(Pub. L. 110–114, title II, § 2039, Nov. 8, 2007, 121 Stat. 1100; Pub. L. 114–322, title I, § 1161, Dec. 16, 2016, 130 Stat. 1668.)

CITE AS: 33 USC 2330a

§ 2330b. Fish hatcheries
(a) In general
(b) Costs
(Pub. L. 114–322, title I, § 1168, Dec. 16, 2016, 130 Stat. 1671.)

CITE AS: 33 USC 2330b

§ 2330c. Aquatic ecosystem restoration
(a) Definition of eligible entityIn this section, the term “eligible entity” means—
(1) any State, Indian Tribe, irrigation district, or water district;
(2) any State, regional, or local authority, the members of which include 1 or more organizations with water or power delivery authority;
(3) any other entity or organization that owns a facility that is eligible for upgrade, modification or removal under this section;
(4) any nonprofit conservation organization, acting in partnership with any entity listed in paragraphs (1) through (3), with respect to a project involving land or infrastructure owned by the entity; and
(5) an agency established under State law for the joint exercise of powers or a combination of entities described in paragraphs (1) through (4).
(b) General authority
(1) In general
(2) ExceptionWith respect to an aquatic ecosystem restoration and protection project under this section that removes a dam or modifies a dam in a manner that reduces storage or diversion capacity, the Secretary may only negotiate and enter into an agreement to fund—
(A) the design or study of such project if the Secretary has received consent from the owner of the applicable dam; or
(B) the construction of such project if the Secretary—
(i) identifies any eligible entity that receives water or power from the facility that is under consideration for removal or modification at the time of the request;
(ii) notifies each eligible entity identified in clause (i) that the dam removal or modification project has been requested; and
(iii) does not receive, by the date that is 120 days after the date on which all eligible entities have been notified under clause (ii), written objection from 1 or more eligible entities that collectively receive ⅓ or more of the water or power delivered from the facility that is under consideration for removal or modification at the time of the request.
(c) Requirements
(1) In general
(2) PreconditionsConstruction of a project under this section shall be a voluntary project initiated only after—
(A) an eligible entity has entered into an agreement with the Secretary to pay no less than 35 percent of the costs of project construction;
(B) an eligible entity has entered an agreement to pay 100 percent of any operation, maintenance, and replacement and rehabilitation costs with respect to the project;
(C) the Secretary determines the proposed project—
(i) will not result in an unmitigated adverse impact on fulfillment of existing water delivery obligations consistent with historical operations and applicable contracts;
(ii) will not result in an unmitigated adverse effect on the environment;
(iii) is consistent with the responsibilities of the Secretary—(I) in the role as trustee for federally recognized Indian Tribes; and(II) to ensure compliance with any applicable international and Tribal treaties and agreements and interstate compacts and agreements;
(iv) is in the financial interest of the United States based on a determination that the project advances Federal objectives including environmental enhancement objectives in a Reclamation State; and
(v) complies with all applicable Federal and State law, including environmental laws; and
(D) the Secretary has complied with all applicable environmental laws, including—
(i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
(iii) subtitle III of title 54.
(d) Funding
(e) Effects
(1) In general
(2) Effect on state water lawNothing in this section preempts or affects any—
(A) State water law; or
(B) interstate compact governing water.
(f) Compliance required
(g) Priority for projects providing regional benefits and assistance for aging assetsWhen funding projects under this section, the Secretary shall prioritize projects that—
(1) are jointly developed and supported by a diverse array of stakeholders including representatives of irrigated agricultural production, hydroelectric production, potable water purveyors and industrial water users, Indian Tribes, commercial fishing interests, and nonprofit conservation organizations;
(2) affect water resources management in 2 or more river basins while providing regional benefits not limited to fisheries restoration;
(3) are a component of a broader strategy or plan to replace aging facilities with 1 or more alternate facilities providing similar benefits; and
(4) contribute to the restoration of anadromous fish species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(Pub. L. 116–260, div. FF, title XI, § 1109, Dec. 27, 2020, 134 Stat. 3244.)

CITE AS: 33 USC 2330c

§ 2330d. Public recreational amenities in ecosystem restoration projects

At the request of a non-Federal interest, the Secretary is authorized to study the incorporation of public recreational amenities, including facilities for hiking, biking, walking, and waterborne recreation, into a project for ecosystem restoration, including a project carried out under section 2330 of this title, if the incorporation of such amenities would be consistent with the ecosystem restoration purposes of the project.

(Pub. L. 117–263, div. H, title LXXXI, § 8105, Dec. 23, 2022, 136 Stat. 3699.)

CITE AS: 33 USC 2330d

§ 2331. Use of continuing contracts for construction of certain projects
(a) In general
(b) Continuing contracts
(c) Initiation of construction clarified
For the purposes of this section, initiation of construction for a project occurs on the date of enactment of an Act that appropriates funds for the project from 1 of the following appropriation accounts:
(1) Construction, General.
(2) Operation and Maintenance, General.
(3) Flood Control, Mississippi River and Tributaries.
(Pub. L. 106–53, title II, § 206, Aug. 17, 1999, 113 Stat. 286.)

CITE AS: 33 USC 2331

§ 2331a. Initiating work on separable elements
With respect to a water resources development project that has received construction funds in the previous 6-year period, for purposes of initiating work on a separable element of the project—
(1) no new start or new investment decision shall be required; and
(2) the work shall be treated as ongoing work.
(Pub. L. 114–322, title I, § 1146, Dec. 16, 2016, 130 Stat. 1659.)

CITE AS: 33 USC 2331a

§ 2332. Shoreline and riverine protection and restoration
(a) In general
The Secretary may carry out studies and projects to—
(1) reduce flood and hurricane and storm damage hazards; or
(2) restore the natural functions and values of rivers and shorelines throughout the United States.
(b) Studies and projects
(1) Authority
(A) Studies
In carrying out subsection (a), the Secretary may carry out studies to identify appropriate measures for—
(i) the reduction of flood and hurricane and storm damage hazards, including measures for erosion mitigation and bank stabilization; or
(ii) the conservation and restoration of the natural functions and values of rivers and shorelines.
(B) Projects
(2) Consultation and coordination
(3) Nonstructural approaches
(4) Participation
(c) Cost-sharing requirements
(1) Studies
(2) Environmental restoration and nonstructural projects
(A) In general
(B) Items provided by non-Federal interests
(C) Credit
(3) Structural flood control or hurricane and storm damage reduction projects
(4) Operation and maintenance
(d) Project justification
Notwithstanding any requirement for economic justification established under section 1962–2 of title 42, the Secretary may implement a project under this section if the Secretary determines that the project—
(1) will significantly reduce potential flood, hurricane and storm, or erosion damages;
(2) will improve the quality of the environment; and
(3) is justified considering all costs and beneficial outputs of the project.
(e) Areas for Examination
(1) In general
In carrying out this section, the Secretary shall examine appropriate locations, including—
(A) Pima County, Arizona, at Paseo De Las Iglesias and Rillito River;
(B) Coachella Valley, Riverside County, California;
(C) Los Angeles and San Gabriel Rivers, California;
(D) Murrieta Creek, California;
(E) Napa River Valley watershed, California, at Yountville, St. Helena, Calistoga, and American Canyon;
(F) Santa Clara basin, California, at Upper Guadalupe River and Tributaries, San Francisquito Creek, and Upper Penitencia Creek;
(G) Pond Creek, Kentucky;
(H) Red River of the North, Minnesota, North Dakota, and South Dakota;
(I) Connecticut River, New Hampshire;
(J) Pine Mount Creek, New Jersey;
(K) Southwest Valley, Albuquerque, New Mexico;
(L) Upper Delaware River, New York;
(M) Briar Creek, North Carolina;
(N) Chagrin River, Ohio;
(O) Mill Creek, Cincinnati, Ohio;
(P) Tillamook County, Oregon;
(Q) Willamette River basin, Oregon;
(R) Blair County, Pennsylvania, at Altoona and Frankstown Township;
(S) Delaware River, Pennsylvania;
(T) Schuylkill River, Pennsylvania;
(U) Providence County, Rhode Island;
(V) Shenandoah River, Virginia;
(W) Lincoln Creek, Wisconsin;
(X) Perry Creek, Iowa;
(Y) Lester, St. Louis, East Savanna, and Floodwood Rivers, Duluth, Minnesota;
(Z) Lower Hudson River and tributaries, New York;
(AA) Susquehanna River watershed, Bradford County, Pennsylvania;
(BB) Clear Creek, Harris, Galveston, and Brazoria Counties, Texas;
(CC) Ascension Parish, Louisiana;
(DD) East Baton Rouge Parish, Louisiana;
(EE) Iberville Parish, Louisiana;
(FF) Livingston Parish, Louisiana; and
(GG) Pointe Coupee Parish, Louisiana.
(2) Priority projects
In carrying out this section, the Secretary shall prioritize projects for the following locations:
(A) Delaware beaches and watersheds, Delaware.
(B) Louisiana Coastal Area, Louisiana.
(C) Great Lakes Shores and Watersheds.
(D) Oregon Coastal Area and Willamette River basin, Oregon.
(E) Upper Missouri River Basin.
(F) Ohio River Tributaries and their watersheds, West Virginia.
(G) Chesapeake Bay watershed and Maryland beaches, Maryland.
(H) City of Southport, North Carolina.
(I) Maumee River, Ohio.
(J) Los Angeles and San Gabriel Rivers, California.
(K) Kentucky River and its tributaries and watersheds.
(f) Procedure
(1) All projects
The Secretary shall not implement any project under this section until—
(A) the Secretary submits to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notification describing the project and the determinations made under subsection (d)(1); and
(B) 21 calendar days have elapsed after the date on which the notification was received by the committees.
(2) Projects requiring specific authorization
(g) Definitions
In this section:
(1) Economically disadvantaged community
(2) Natural feature; nature-based feature
(Pub. L. 106–53, title II, § 212, Aug. 17, 1999, 113 Stat. 288; Pub. L. 106–541, title II, § 227, Dec. 11, 2000, 114 Stat. 2599; Pub. L. 110–114, title V, § 5005, Nov. 8, 2007, 121 Stat. 1192; Pub. L. 117–263, div. H, title LXXXI, § 8103(a), Dec. 23, 2022, 136 Stat. 3696.)

CITE AS: 33 USC 2332

§ 2333. Irrigation diversion protection and fisheries enhancement assistance
(a) In general
(b) Cooperation
Measures under subsection (a)—
(1) shall be developed in cooperation with Federal and State resource agencies; and
(2) shall not impair the continued withdrawal of water for irrigation purposes.
(c) Priority
In providing assistance under subsection (a), the Secretary shall give priority based on—
(1) the objectives of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(2) cost-effectiveness; and
(3) the potential for reducing fish mortality.
(d) Non-Federal share
(1) In general
(2) In-kind contributions
(e) No construction activity
(f) Report
Not later than 2 years after August 17, 1999, the Secretary shall submit to Congress a report on—
(1) fish mortality caused by irrigation water intake devices;
(2) appropriate measures to reduce fish mortality;
(3) the extent to which those measures are currently being employed in arid States;
(4) the construction costs associated with those measures; and
(5) the appropriate Federal role, if any, to encourage the use of those measures.
(Pub. L. 106–53, title V, § 515, Aug. 17, 1999, 113 Stat. 344.)

CITE AS: 33 USC 2333

§ 2334. Innovative technologies for watershed restoration

The Secretary shall examine using, and, if appropriate, encourage the use of, innovative treatment technologies, including membrane technologies, for watershed and environmental restoration and protection projects involving water quality.

(Pub. L. 106–53, title V, § 516, Aug. 17, 1999, 113 Stat. 344.)

CITE AS: 33 USC 2334

§ 2335. Coastal aquatic habitat management
(a) In general
(b) Assistance
(c) Cost sharing
(d) Operation and maintenance
(e) Authorization of appropriations
(Pub. L. 106–53, title V, § 559, Aug. 17, 1999, 113 Stat. 354.)

CITE AS: 33 USC 2335

§ 2336. Abandoned and inactive noncoal mine restoration
(a) In general
(b) Specific measures
Assistance provided under subsection (a) may be in support of projects for the purposes of—
(1) managing drainage from abandoned and inactive noncoal mines;
(2) restoring and protecting streams, rivers, wetlands, other waterbodies, and riparian areas degraded by drainage from abandoned and inactive noncoal mines; and
(3) demonstrating management practices and innovative and alternative treatment technologies to minimize or eliminate adverse environmental effects associated with drainage from abandoned and inactive noncoal mines.
(c) Non-Federal share
(d) Effect on authority of Secretary of the Interior
(e) Technology database for reclamation of abandoned mines
(f) Authorization of appropriations
(Pub. L. 106–53, title V, § 560, Aug. 17, 1999, 113 Stat. 354; Pub. L. 108–137, title I, § 118, Dec. 1, 2003, 117 Stat. 1836; Pub. L. 110–114, title II, § 2025, Nov. 8, 2007, 121 Stat. 1079; Pub. L. 116–260, div. AA, title III, § 302, Dec. 27, 2020, 134 Stat. 2703; Pub. L. 117–263, div. H, title LXXXI, § 8390, Dec. 23, 2022, 136 Stat. 3831.)

CITE AS: 33 USC 2336

§ 2337. Property protection program
(a) In general
(b) Provision of rewards
(c) Authorization of appropriations
(Pub. L. 106–541, title II, § 205, Dec. 11, 2000, 114 Stat. 2590.)

CITE AS: 33 USC 2337

§ 2338. Reburial and conveyance authority
(a) Definition of Indian tribe
(b) Reburial
(1) Reburial areas
In consultation with affected Indian tribes, the Secretary may identify and set aside areas at civil works projects of the Department of the Army that may be used to rebury Native American remains that—
(A) have been discovered on project land; and
(B) have been rightfully claimed by a lineal descendant or Indian tribe in accordance with applicable Federal law.
(2) Reburial
(c) Conveyance authority
(1) In general
(2) Retention of necessary property interests
(Pub. L. 106–541, title II, § 208, Dec. 11, 2000, 114 Stat. 2590.)

CITE AS: 33 USC 2338

§ 2339. Assistance programs
(a) Conservation and recreation management
(b) Rural community assistance
(c) Youth service and conservation corps organizations
(d) Cooperative agreements
(Pub. L. 106–541, title II, § 213, Dec. 11, 2000, 114 Stat. 2593; Pub. L. 113–121, title I, § 1047(e), June 10, 2014, 128 Stat. 1257; Pub. L. 114–322, title I, § 1101, Dec. 16, 2016, 130 Stat. 1632.)

CITE AS: 33 USC 2339

§ 2339a. Cooperative agreements with Indian tribes

The Secretary may enter into a cooperative agreement with an Indian tribe (or a designated representative of an Indian tribe) to carry out authorized activities of the Corps of Engineers to protect fish, wildlife, water quality, and cultural resources.

(Pub. L. 113–121, title I, § 1031(b), June 10, 2014, 128 Stat. 1233.)

CITE AS: 33 USC 2339a

§ 2340. Revision of project partnership agreement; cost sharing
(a) Federal allocation
(b) Cost sharing
(c) Cost estimates
(Pub. L. 110–114, title II, § 2008, Nov. 8, 2007, 121 Stat. 1073.)

CITE AS: 33 USC 2340

§ 2341. Expedited actions for emergency flood damage reduction

The Secretary shall expedite any authorized planning, design, and construction of any project for flood damage reduction for an area that, within the preceding 5 years, has been subject to flooding that resulted in the loss of life and caused damage of sufficient severity and magnitude to warrant a declaration of a major disaster by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

(Pub. L. 110–114, title II, § 2009, Nov. 8, 2007, 121 Stat. 1074.)

CITE AS: 33 USC 2341

§ 2341a. Prioritization
(a) Prioritization of hurricane and storm damage risk reduction efforts
(1) PriorityFor authorized projects and ongoing feasibility studies with a primary purpose of hurricane and storm damage risk reduction, the Secretary shall give funding priority to projects and ongoing studies that—
(A) address an imminent threat to life and property;
(B) prevent storm surge from inundating populated areas;
(C) restore or prevent the loss of coastal wetlands that help reduce the impact of storm surge;
(D) protect emergency hurricane evacuation routes or shelters;
(E) prevent adverse impacts to publicly owned or funded infrastructure and assets;
(F) minimize disaster relief costs to the Federal Government; and
(G) address hurricane and storm damage risk reduction in an area for which the President declared a major disaster in accordance with section 5170 of title 42.
(2) Expedited consideration of currently authorized projectsNot later than 180 days after December 16, 2016, the Secretary shall—
(A) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a list of all—
(i) ongoing hurricane and storm damage reduction feasibility studies that have signed feasibility cost-share agreements and have received Federal funds since 2009; and
(ii) authorized hurricane and storm damage reduction projects;
(B) identify those projects on the list required under subparagraph (A) that meet the criteria described in paragraph (1); and
(C) provide a plan for expeditiously completing the projects identified under subparagraph (B), subject to available funding.
(b) Prioritization of ecosystem restoration efforts
(1) In generalFor authorized projects with a primary purpose of ecosystem restoration, the Secretary shall give funding priority to projects—
(A) that—
(i) address an identified threat to public health, safety, or welfare;
(ii) preserve or restore ecosystems of national significance; or
(iii) preserve or restore habitats of importance for federally protected species, including migratory birds; and
(B) for which the restoration activities will contribute to other ongoing or planned Federal, State, or local restoration initiatives.
(2) Expedited consideration of currently authorized programmatic authoritiesNot later than 180 days after December 16, 2016, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that contains—
(A) a list of all programmatic authorities for aquatic ecosystem restoration or improvement of the environment that—
(i) were authorized or modified in the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1041) or any subsequent Act; and
(ii) that meet the criteria described in paragraph (1); and
(B) a plan for expeditiously completing the projects under the authorities described in subparagraph (A), subject to available funding.
(Pub. L. 113–121, title I, § 1011, June 10, 2014, 128 Stat. 1217; Pub. L. 114–322, title I, § 1322(a), Dec. 16, 2016, 130 Stat. 1706.)

CITE AS: 33 USC 2341a

§ 2341b. Prioritization of certain projectsThe Secretary shall give priority to a project for flood risk management if—
(1) there is an executed project partnership agreement for the project; and
(2) the project is located in an area—
(A) with respect to which—
(i) there has been a loss of life due to flood events; and
(ii) the President has declared that a major disaster or emergency exists under section 5170 of title 42; or
(B) that is at significant risk for catastrophic flooding.
(Pub. L. 114–322, title I, § 1144, Dec. 16, 2016, 130 Stat. 1659.)

CITE AS: 33 USC 2341b

§ 2341c. Criteria for funding environmental infrastructure projects
(a) In general
(b) Minimum criteriaFor the purposes of carrying out this section, the Secretary shall evaluate, at a minimum—
(1) the nature and extent of the positive and negative local economic impacts of the project, including—
(A) the benefits of the project to the local economy;
(B) the extent to which the project will enhance local development;
(C) the number of jobs that will be directly created by the project; and
(D) the ability of the non-Federal interest to pay the applicable non-Federal share of the cost of the project;
(2) the demographics of the location in which the project is to be carried out, including whether the project serves—
(A) a rural community; or
(B) an economically disadvantaged community, including an economically disadvantaged minority community;
(3) the amount of appropriations a project has received;
(4) the funding capability of the Corps of Engineers with respect to the project;
(5) whether the project could be carried out under other Federal authorities at an equivalent cost to the non-Federal interest; and
(6) any other criteria that the Secretary considers to be appropriate.
(c) Inclusion in guidance
(d) Report to Congress
(Pub. L. 116–260, div. AA, title I, § 137, Dec. 27, 2020, 134 Stat. 2650.)

CITE AS: 33 USC 2341c

§ 2342. Access to water resource data
(a) In general
Using available funds, the Secretary shall make publicly available, including on the Internet, all data in the custody of the Corps of Engineers on—
(1) the planning, design, construction, operation, and maintenance of water resources development projects; and
(2) water quality and water management of projects owned, operated, or managed by the Corps of Engineers.
(b) Limitation
(c) Timing
(d) Partnerships
(Pub. L. 110–114, title II, § 2017, Nov. 8, 2007, 121 Stat. 1077; Pub. L. 114–322, title I, § 1135, Dec. 16, 2016, 130 Stat. 1656.)

CITE AS: 33 USC 2342

§ 2343. Independent peer review
(a) Project studies subject to independent peer review
(1) In general
(2) Scope
(3) Project studies subject to peer review
(A) MandatoryA project study shall be subject to peer review under paragraph (1) if—
(i) the project has an estimated total cost of more than $200,000,000, including mitigation costs, and is not determined by the Chief of Engineers to be exempt from peer review under paragraph (6);
(ii) the Governor of an affected State requests a peer review by an independent panel of experts; or
(iii) the Chief of Engineers determines that the project study is controversial considering the factors set forth in paragraph (4).
(B) Discretionary
(i) Agency request
(ii) Deadline for decision
(iii) Reasons for not conducting peer review
(iv) Appeal to Chairman of Council on Environmental Quality
(4) Factors to considerIn determining whether a project study is controversial under paragraph (3)(A)(iii), the Chief of Engineers shall consider if—
(A) there is a significant public dispute as to the size, nature, or effects of the project; or
(B) there is a significant public dispute as to the economic or environmental costs or benefits of the project.
(5) Project studies excluded from peer reviewThe Chief of Engineers may exclude a project study from peer review under paragraph (1)—
(A) if the project study does not include an environmental impact statement and is a project study subject to peer review under paragraph (3)(A)(i) that the Chief of Engineers determines—
(i) is not controversial;
(ii) has no more than negligible adverse impacts on scarce or unique cultural, historic, or tribal resources;
(iii) has no substantial adverse impacts on fish and wildlife species and their habitat prior to the implementation of mitigation measures; and
(iv) has, before implementation of mitigation measures, no more than a negligible adverse impact on a species listed as endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the critical habitat of such species designated under such Act;
(B) if the project study—
(i) involves only the rehabilitation or replacement of existing hydropower turbines, lock structures, or flood control gates within the same footprint and for the same purpose as an existing water resources project;
(ii) is for an activity for which there is ample experience within the Corps of Engineers and industry to treat the activity as being routine; and
(iii) has minimal life safety risk; or
(C) if the project study does not include an environmental impact statement and is a project study pursued under section 701s of this title, section 701g of this title, section 701r of this title, section 577(a) of this title, section 426g of this title, section 426i of this title, section 603a of this title, section 2309a of this title, or section 2330 of this title.
(6) Determination of total cost
(b) Timing of peer review
(1) In general
(2) Factors to considerIn any case in which the Chief of Engineers has not initiated a peer review of a project study, the Chief of Engineers shall consider, at a minimum, whether to initiate a peer review at the time that—
(A) the without-project conditions are identified;
(B) the array of alternatives to be considered are identified; and
(C) the preferred alternative is identified.
(3) Reasons for timingIf the Chief of Engineers does not initiate a peer review for a project study at a time described in paragraph (2), the Chief shall—
(A) not later than 7 days after the date on which the Chief of Engineers determines not to initiate a peer review—
(i) notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of that decision; and
(ii) make publicly available, including on the Internet, the reasons for not conducting the review; and
(B) include the reasons for not conducting the review in the decision document for the project study.
(4) Limitation on multiple peer review
(c) Establishment of panels
(1) In general
(2) Membership
(3) Limitation on appointments
(4) Congressional and public notificationFollowing the identification of a project study for peer review under this section, but prior to initiation of the review by the panel of experts, the Chief of Engineers shall, not later than 7 days after the date on which the Chief of Engineers determines to conduct a review—
(A) notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the review conducted under this section; and
(B) make publicly available, including on the Internet, information on—
(i) the dates scheduled for beginning and ending the review;
(ii) the entity that has the contract for the review; and
(iii) the names and qualifications of the panel of experts.
(d) Duties of panelsA panel of experts established for a peer review for a project study under this section shall—
(1) conduct the peer review for the project study;
(2) assess the adequacy and acceptability of the economic, engineering, and environmental methods, models, and analyses used by the Chief of Engineers;
(3) receive from the Chief of Engineers the public written and oral comments provided to the Chief of Engineers;
(4) provide timely written and oral comments to the Chief of Engineers throughout the development of the project study, as requested; and
(5) submit to the Chief of Engineers a final report containing the panel’s economic, engineering, and environmental analysis of the project study, including the panel’s assessment of the adequacy and acceptability of the economic, engineering, and environmental methods, models, and analyses used by the Chief of Engineers, to accompany the publication of the report of the Chief of Engineers for the project.
(e) Duration of project study peer reviews
(1) DeadlineA panel of experts established under this section shall—
(A) complete its peer review under this section for a project study and submit a report to the Chief of Engineers under subsection (d)(5) not more than 60 days after the last day of the public comment period for the draft project study, or, if the Chief of Engineers determines that a longer period of time is necessary, such period of time determined necessary by the Chief of Engineers; and
(B) terminate on the date of initiation of the State and agency review required by section 701–1 of this title.
(2) Failure to meet deadline
(f) Recommendations of panel
(1) Consideration by the Chief of Engineers
(2) Public availability and submission to CongressAfter receiving a report on a project study from a panel of experts under this section, the Chief of Engineers shall make available to the public, including on the Internet, and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—
(A) a copy of the report not later than 7 days after the date on which the report is delivered to the Chief of Engineers; and
(B) a copy of any written response of the Chief of Engineers on recommendations contained in the report not later than 3 days after the date on which the response is delivered to the Chief of Engineers.
(3) Inclusion in project study
(g) Costs
(1) In generalThe costs of a panel of experts established for a peer review under this section—
(A) shall be a Federal expense; and
(B) shall not exceed $500,000.
(2) Waiver
(h) ApplicabilityThis section shall apply to—
(1) project studies initiated during the 2-year period preceding November 8, 2007, and for which the array of alternatives to be considered has not been identified; and
(2) project studies initiated during the period beginning on November 8, 2007, and ending 17 years after November 8, 2007.
(i) Reports
(1) Initial report
(2) Additional report
(j) Nonapplicability of chapter 10 of title 5
(k) Savings clause
(l) DefinitionsIn this section, the following definitions apply:
(1) Project studyThe term “project study” means—
(A) a feasibility study or reevaluation study for a water resources project, including the environmental impact statement prepared for the study; and
(B) any other study associated with a modification of a water resources project that includes an environmental impact statement, including the environmental impact statement prepared for the study.
(2) Affected State
(3) Eligible organizationThe term “eligible organization” means an organization that—
(A) is described in section 501(c)(3), and exempt from Federal tax under section 501(a), of title 26;
(B) is independent;
(C) is free from conflicts of interest;
(D) does not carry out or advocate for or against Federal water resources projects; and
(E) has experience in establishing and administering peer review panels.
(4) Total cost
(Pub. L. 110–114, title II, § 2034, Nov. 8, 2007, 121 Stat. 1086; Pub. L. 113–121, title I, § 1044, June 10, 2014, 128 Stat. 1250; Pub. L. 115–270, title I, § 1141, Oct. 23, 2018, 132 Stat. 3785; Pub. L. 117–286, § 4(a)(203), Dec. 27, 2022, 136 Stat. 4328.)

CITE AS: 33 USC 2343

§ 2344. Safety assurance review
(a) Projects subject to safety assurance review
(b) Factors
In determining whether a review of design and construction of a project is necessary under this section, the Chief of Engineers shall consider whether—
(1) the failure of the project would pose a significant threat to human life;
(2) the project involves the use of innovative materials or techniques;
(3) the project design lacks redundancy; or
(4) the project has a unique construction sequencing or a reduced or overlapping design construction schedule.
(c) Safety assurance review
(1) Initiation of review
(2) Selection of reviewers
(3) Compensation
(d) Scope of safety assurance reviews
(e) Safety assurance review record
(f) Applicability
(g) Nonapplicability of chapter 10 of title 5
(Pub. L. 110–114, title II, § 2035, Nov. 8, 2007, 121 Stat. 1091; Pub. L. 113–121, title III, § 3028, June 10, 2014, 128 Stat. 1305; Pub. L. 117–286, § 4(a)(204), Dec. 27, 2022, 136 Stat. 4328.)

CITE AS: 33 USC 2344

§ 2345. Electronic submission and tracking of permit applications
(a) Development of electronic system
(1) In general
(2) InclusionThe electronic system required under paragraph (1) shall address—
(A) applications for standard individual permits;
(B) applications for letters of permission;
(C) joint applications with States for State and Federal permits;
(D) applications for emergency permits;
(E) applications or requests for jurisdictional determinations; and
(F) preconstruction notification submissions, when required for a nationwide or other general permit.
(3) Improving existing data systems
(4) Protection of information
(b) System requirementsThe electronic system required under subsection (a) shall—
(1) enable an applicant or requester to prepare electronically an application for a permit or request;
(2) enable an applicant or requester to submit to the Secretary, by email or other means through the Internet, the completed application form or request;
(3) enable an applicant or requester to submit to the Secretary, by email or other means through the Internet, data and other information in support of the permit application or request;
(4) provide an online interactive guide to provide assistance to an applicant or requester at any time while filling out the permit application or request; and
(5) enable an applicant or requester (or a designated agent) to track the status of a permit application or request in a manner that will—
(A) allow the applicant or requester to determine whether the application is pending or final and the disposition of the request;
(B) allow the applicant or requester to research previously submitted permit applications and requests within a given geographic area and the results of such applications or requests; and
(C) allow identification and display of the location of the activities subject to a permit or request through a map-based interface.
(c) Documentation
(d) Record of determinations
(1) In general
(2) Archiving of information
(e) Availability of determinations
(1) In general
(2) Protection of information
(f) Deadline for electronic system implementation
(1) In general
(2) Update on electronic system implementation
(g) Applicability
(h) Limitation
(Pub. L. 110–114, title II, § 2040, Nov. 8, 2007, 121 Stat. 1100; Pub. L. 114–322, title I, § 1134(a), Dec. 16, 2016, 130 Stat. 1654; Pub. L. 117–263, div. H, title LXXXI, § 8226, Dec. 23, 2022, 136 Stat. 3764.)

CITE AS: 33 USC 2345

§ 2346. Project administration
(a) Project tracking
(b) Report repository
(1) In general
(2) Availability to public
(Pub. L. 110–114, title II, § 2041, Nov. 8, 2007, 121 Stat. 1100; Pub. L. 114–322, title I, § 1136(b), Dec. 16, 2016, 130 Stat. 1657.)

CITE AS: 33 USC 2346

§ 2347. Coordination and scheduling of Federal, State, and local actions
(a) Notice of intent
(b) Coordination
(c) Costs of coordination
(d) Report on timesavings methods
(Pub. L. 110–114, title II, § 2044, Nov. 8, 2007, 121 Stat. 1102.)

CITE AS: 33 USC 2347

§ 2347a. Determination of project completion
(a) In general
(b) Non-Federal interest appeal of determination
(1) In general
(2) Independent review
(A) In general
(B) Timeline
(Pub. L. 113–121, title I, § 1010, June 10, 2014, 128 Stat. 1217.)

CITE AS: 33 USC 2347a

§ 2347b. Purpose and need
(a) Purpose and need statements
(1) In general
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.
(2) Effect on environmental impact statements
(b) Appeals request
(Pub. L. 115–270, title I, § 1126, Oct. 23, 2018, 132 Stat. 3779.)

CITE AS: 33 USC 2347b

§ 2347c. Small water storage projects
(a) In general
(b) RequirementsTo be eligible to participate in the program under this section, a small water storage project shall—
(1) in the case of a new small water storage project, have a water storage capacity of not less than 2,000 acre-feet and not more than 30,000 acre-feet;
(2) in the case of an enlargement of an existing small water storage project, be for an enlargement of not less than 1,000 acre-feet and not more than 30,000 acre-feet;
(3) provide—
(A) flood risk management benefits;
(B) ecological benefits; or
(C) water management, water conservation, or water supply; and
(4) be—
(A) economically justified, environmentally acceptable, and technically feasible; or
(B) in the case of a project providing ecological benefits, cost-effective with respect to such benefits.
(c) Scope
(d) Expedited projects
(e) Use of dataIn conducting a study under this section, to the maximum extent practicable, the Secretary shall—
(1) as the Secretary determines appropriate, consider and utilize any applicable hydrologic, economic, or environmental data that is prepared for a small water storage project under State law as the documentation, or part of the documentation, required to complete State water plans or other State planning documents relating to water resources management; and
(2) consider information developed by the non-Federal interest in relation to another study, to the extent the Secretary determines such information is applicable, appropriate, or otherwise authorized by law.
(f) Cost share
(1) StudyThe Federal share of the cost of a study conducted under this section shall be—
(A) 100 percent for costs not to exceed $100,000; and
(B) 50 percent for any costs above $100,000.
(2) ConstructionA small water storage project carried out under this section shall be subject to the cost-sharing requirements applicable to projects under section 2213 of this title, including—
(A) municipal and industrial water supply: 100 percent non-Federal;
(B) agricultural water supply: 35 percent non-Federal; and
(C) recreation, including recreational navigation: 50 percent of separable costs and, in the case of any harbor or inland harbor or channel project, 50 percent of joint and separable costs allocated to recreational navigation.
(g) OMRRR responsibility
(h) Individual project limit
(i) Authorization of appropriations
(Pub. L. 116–260, div. AA, title I, § 155, Dec. 27, 2020, 134 Stat. 2660.)

CITE AS: 33 USC 2347c

§ 2348. Project acceleration
(a) DefinitionsIn this section:
(1) Environmental impact statement
(2) Environmental review process
(A) In general
(B) Inclusions
(3) Federal jurisdictional agency
(4) Federal lead agency
(5) Project
(6) Project sponsor
(7) Project study
(b) Applicability
(1) In generalThis section—
(A) shall apply to each project study that is initiated after June 10, 2014, and for which an environmental impact statement is prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) may be applied, to the extent determined appropriate by the Secretary, to other project studies initiated after June 10, 2014, and for which an environmental review process document is prepared under that Act.
(2) Flexibility
(3) List of project studies
(A) In generalThe Secretary shall annually prepare, and make publicly available, a separate list of each study that the Secretary has determined—
(i) meets the standards described in paragraph (1); and
(ii) does not have adequate funding to make substantial progress toward the completion of the project study.
(B) Inclusions
(c) Project review process
(1) In general
(2) Coordinated review
(3) Timing
(d) Lead agencies
(1) Joint lead agencies
(A) In general
(B) Project sponsor as joint lead agencyA project sponsor that is a State or local governmental entity may—
(i) with the concurrence of the Secretary, serve as a joint lead agency with the Federal lead agency for purposes of preparing any environmental document under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(ii) prepare any environmental review process document under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) required in support of any action or approval by the Secretary if—(I) the Secretary provides guidance in the preparation process and independently evaluates that document;(II) the project sponsor complies with all requirements applicable to the Secretary under—(aa) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);(bb) any regulation implementing that Act; and(cc) any other applicable Federal law; and(III) the Secretary approves and adopts the document before the Secretary takes any subsequent action or makes any approval based on that document, regardless of whether the action or approval of the Secretary results in Federal funding.
(2) DutiesThe Secretary shall ensure that—
(A) the project sponsor complies with all design and mitigation commitments made jointly by the Secretary and the project sponsor in any environmental document prepared by the project sponsor in accordance with this subsection; and
(B) any environmental document prepared by the project sponsor is appropriately supplemented to address any changes to the project the Secretary determines are necessary.
(3) Adoption and use of documentsAny environmental document prepared in accordance with this subsection shall be adopted and used by any Federal agency making any determination related to the project study to the same extent that the Federal agency could adopt or use a document prepared by another Federal agency under—
(A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations).
(4) Roles and responsibility of lead agencyWith respect to the environmental review process for any project study, the Federal lead agency shall have authority and responsibility—
(A) to take such actions as are necessary and proper and within the authority of the Federal lead agency to facilitate the expeditious resolution of the environmental review process for the project study; and
(B) to prepare or ensure that any required environmental impact statement or other environmental review document for a project study required to be completed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is completed in accordance with this section and applicable Federal law.
(e) Participating and cooperating agencies
(1) Identification of jurisdictional agenciesWith respect to carrying out the environmental review process for a project study, the Secretary shall identify, as early as practicable in the environmental review process, all Federal, State, and local government agencies and Indian tribes that may—
(A) have jurisdiction over the project;
(B) be required by law to conduct or issue a review, analysis, opinion, or statement for the project study; or
(C) be required to make a determination on issuing a permit, license, or other approval or decision for the project study.
(2) State authorityIf the environmental review process is being implemented by the Secretary for a project study within the boundaries of a State, the State, consistent with State law, may choose to participate in the process and to make subject to the process all State agencies that—
(A) have jurisdiction over the project;
(B) are required to conduct or issue a review, analysis, opinion, or statement for the project study; or
(C) are required to make a determination on issuing a permit, license, or other approval or decision for the project study.
(3) Invitation
(A) In general
(B) Deadline
(4) Procedures
(5) Federal cooperating agenciesAny Federal agency that is invited by the Federal lead agency to participate in the environmental review process for a project study shall be designated as a cooperating agency by the Federal lead agency unless the invited agency informs the Federal lead agency, in writing, by the deadline specified in the invitation that the invited agency—
(A)
(i)(I) has no jurisdiction or authority with respect to the project;(II) has no expertise or information relevant to the project; or(III) does not have adequate funds to participate in the project; and
(ii) does not intend to submit comments on the project; or
(B) does not intend to submit comments on the project.
(6) Administration
(7) Effect of designationDesignation as a participating or cooperating agency under this subsection shall not imply that the participating or cooperating agency—
(A) supports a proposed project; or
(B) has any jurisdiction over, or special expertise with respect to evaluation of, the project.
(8) Concurrent reviewsEach participating or cooperating agency shall—
(A) carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process, unless doing so would prevent the participating or cooperating agency from conducting needed analysis or otherwise carrying out those obligations; and
(B) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner.
(f) Programmatic compliance
(1) In generalThe Secretary shall issue guidance regarding the use of programmatic approaches to carry out the environmental review process that—
(A) eliminates repetitive discussions of the same issues;
(B) focuses on the actual issues ripe for analyses at each level of review;
(C) establishes a formal process for coordinating with participating and cooperating agencies, including the creation of a list of all data that is needed to carry out an environmental review process; and
(D) complies with—
(i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(ii) all other applicable laws.
(2) RequirementsIn carrying out paragraph (1), the Secretary shall—
(A) as the first step in drafting guidance under that paragraph, consult with relevant Federal, State, and local governmental agencies, Indian tribes, and the public on the appropriate use and scope of the programmatic approaches;
(B) emphasize the importance of collaboration among relevant Federal, State, and local governmental agencies, and Indian tribes in undertaking programmatic reviews, especially with respect to including reviews with a broad geographical scope;
(C) ensure that the programmatic reviews—
(i) promote transparency, including of the analyses and data used in the environmental review process, the treatment of any deferred issues raised by Federal, State, and local governmental agencies, Indian tribes, or the public, and the temporal and special scales to be used to analyze those issues;
(ii) use accurate and timely information in the environmental review process, including—(I) criteria for determining the general duration of the usefulness of the review; and(II) the timeline for updating any out-of-date review;
(iii) describe—(I) the relationship between programmatic analysis and future tiered analysis; and(II) the role of the public in the creation of future tiered analysis; and
(iv) are available to other relevant Federal, State, and local governmental agencies, Indian tribes, and the public;
(D) allow not fewer than 60 days of public notice and comment on any proposed guidance; and
(E) address any comments received under subparagraph (D).
(g) Coordinated reviews
(1) Coordination plan
(A) Establishment
(i) In general
(ii) Incorporation
(B) Schedule
(i) In general
(ii) Factors for considerationIn establishing a schedule, the Secretary shall consider factors such as—(I) the responsibilities of participating and cooperating agencies under applicable laws;(II) the resources available to the project sponsor, joint lead agency, and other relevant Federal and State agencies, as applicable;(III) the overall size and complexity of the project;(IV) the overall schedule for and cost of the project; and(V) the sensitivity of the natural and historical resources that could be affected by the project.
(iii) ModificationsThe Secretary may—(I) lengthen a schedule established under clause (i) for good cause; and(II) shorten a schedule only with concurrence of the affected participating and cooperating agencies and the project sponsor or joint lead agency, as applicable.
(iv) DisseminationA copy of a schedule established under clause (i) shall be—(I) provided to each participating and cooperating agency and the project sponsor or joint lead agency, as applicable; and(II) made available to the public.
(2) Comment deadlinesThe Federal lead agency shall establish the following deadlines for comment during the environmental review process for a project study:
(A) Draft environmental impact statementsFor comments by Federal and States 1
1 So in original. Probably should be “State”.
agencies and the public on a draft environmental impact statement, a period of not more than 60 days after publication in the Federal Register of notice of the date of public availability of the draft environmental impact statement, unless—
(i) a different deadline is established by agreement of the Federal lead agency, the project sponsor or joint lead agency, as applicable, and all participating and cooperating agencies; or
(ii) the deadline is extended by the Federal lead agency for good cause.
(B) Other environmental review processesFor all other comment periods established by the Federal lead agency for agency or public comments in the environmental review process, a period of not more than 30 days after the date on which the materials on which comment is requested are made available, unless—
(i) a different deadline is established by agreement of the Federal lead agency, the project sponsor, or joint lead agency, as applicable, and all participating and cooperating agencies; or
(ii) the deadline is extended by the Federal lead agency for good cause.
(3) Deadlines for decisions under other lawsIn any case in which a decision under any Federal law relating to a project study, including the issuance or denial of a permit or license, is required to be made by the date described in subsection (h)(5)(B)(ii), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—
(A) as soon as practicable after the 180-day period described in subsection (h)(5)(B)(ii), an initial notice of the failure of the Federal agency to make the decision; and
(B) every 60 days thereafter until such date as all decisions of the Federal agency relating to the project study have been made by the Federal agency, an additional notice that describes the number of decisions of the Federal agency that remain outstanding as of the date of the additional notice.
(4) Involvement of the public
(5) Transparency reporting
(A) Reporting requirements
(B) Project study transparency
(h) Issue identification and resolution
(1) Cooperation
(2) Federal lead agency responsibilities
(A) In general
(B) Data sources
(3) Cooperating and participating agency responsibilities
(4) Accelerated issue resolution and elevation
(A) In generalOn the request of a participating or cooperating agency or project sponsor, the Secretary shall convene an issue resolution meeting with the relevant participating and cooperating agencies and the project sponsor or joint lead agency, as applicable, to resolve issues that may—
(i) delay completion of the environmental review process; or
(ii) result in denial of any approval required for the project study under applicable laws.
(B) Meeting date
(C) Notification
(D) Elevation of issue resolution
(E) Convention by Secretary
(5) Financial penalty provisions
(A) In general
(B) Failure to decide
(i) In generalIf a Federal jurisdictional agency fails to render a decision required under any Federal law relating to a project study that requires the preparation of an environmental impact statement or environmental assessment, including the issuance or denial of a permit, license, statement, opinion, or other approval by the date described in clause (ii), the amount of funds made available to support the office of the head of the Federal jurisdictional agency shall be reduced by an amount of funding equal to the amounts specified in subclause (I) or (II) and those funds shall be made available to the division of the Federal jurisdictional agency charged with rendering the decision by not later than 1 day after the applicable date under clause (ii), and once each week thereafter until a final decision is rendered, subject to subparagraph (C)—(I) $20,000 for any project study requiring the preparation of an environmental assessment or environmental impact statement; or(II) $10,000 for any project study requiring any type of review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) other than an environmental assessment or environmental impact statement.
(ii) Description of dateThe date referred to in clause (i) is the later of—(I) the date that is 180 days after the date on which an application for the permit, license, or approval is complete; and(II) the date that is 180 days after the date on which the Federal lead agency issues a decision on the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(C) Limitations
(i) In general
(ii) Failure to decide
(iii) Aggregate
(D) No fault of agency
(i) In generalA transfer of funds under this paragraph shall not be made if the applicable agency described in subparagraph (A) notifies, with a supporting explanation, the Federal lead agency, cooperating agencies, and project sponsor, as applicable, that—(I) the agency has not received necessary information or approvals from another entity in a manner that affects the ability of the agency to meet any requirements under Federal, State, or local law;(II) significant new information, including from public comments, or circumstances, including a major modification to an aspect of the project, requires additional analysis for the agency to make a decision on the project application; or(III) the agency lacks the financial resources to complete the review under the scheduled time frame, including a description of the number of full-time employees required to complete the review, the amount of funding required to complete the review, and a justification as to why not enough funding is available to complete the review by the deadline.
(ii) Lack of financial resourcesIf the agency provides notice under clause (i)(III), the Inspector General of the agency shall—(I) conduct a financial audit to review the notice; and(II) not later than 90 days after the date on which the review described in subclause (I) is completed, submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the notice.
(E) Limitation
(F) Effect of paragraph
(i) Memorandum of agreements for early coordination
(1) Sense of CongressIt is the sense of Congress that—
(A) the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process should cooperate with each other, State agencies, and Indian tribes on environmental review and project delivery activities at the earliest practicable time to avoid delays and duplication of effort later in the process, prevent potential conflicts, and ensure that planning and project development decisions reflect environmental values; and
(B) the cooperation referred to in subparagraph (A) should include the development of policies and the designation of staff that advise planning agencies and project sponsors of studies or other information foreseeably required for later Federal action and early consultation with appropriate State and local agencies and Indian tribes.
(2) Technical assistance
(3) Memorandum of agency agreement
(j) LimitationsNothing in this section preempts or interferes with—
(1) any obligation to comply with the provisions of any Federal law, including—
(A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) any other Federal environmental law;
(2) the reviewability of any final Federal agency action in a court of the United States or in the court of any State;
(3) any requirement for seeking, considering, or responding to public comment; or
(4) any power, jurisdiction, responsibility, duty, or authority that a Federal, State, or local governmental agency, Indian tribe, or project sponsor has with respect to carrying out a project or any other provision of law applicable to projects.
(k) Timing of claims
(1) Timing
(A) In general
(B) Applicability
(2) New information
(A) In general
(B) Separate action
(l) Categorical exclusions
(1) In generalNot later than 180 days after June 10, 2014, the Secretary shall—
(A) survey the use by the Corps of Engineers of categorical exclusions in projects since 2005;
(B) publish a review of the survey that includes a description of—
(i) the types of actions that were categorically excluded or could be the basis for developing a new categorical exclusion; and
(ii) any requests previously received by the Secretary for new categorical exclusions; and
(C) solicit requests from other Federal agencies and project sponsors for new categorical exclusions.
(2) New categorical exclusions
(m) Review of project acceleration reforms
(1) In generalThe Comptroller General of the United States shall—
(A) assess the reforms carried out under this section; and
(B) not later than 5 years and not later than 10 years after June 10, 2014, submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the results of the assessment.
(2) ContentsThe reports under paragraph (1) shall include an evaluation of impacts of the reforms carried out under this section on—
(A) project delivery;
(B) compliance with environmental laws; and
(C) the environmental impact of projects.
(n) Performance measurement
(o) Implementation guidance
(Pub. L. 110–114, title II, § 2045, Nov. 8, 2007, 121 Stat. 1103; Pub. L. 113–121, title I, § 1005(a)(1), June 10, 2014, 128 Stat. 1199.)

CITE AS: 33 USC 2348

§ 2348a. NEPA reporting
(a) Definitions
In this section:
(1) Categorical exclusion
(2) Environmental assessment
(3) Environmental impact statement
(4) Finding of no significant impact
(5) Project study
(b) Reports
(1) NEPA data
(A) In general
(B) Information described
The information referred to in subparagraph (A) is, with respect to the Corps of Engineers—
(i) the number of project studies for which a categorical exclusion was used during the reporting period;
(ii) the number of project studies for which the decision to use a categorical exclusion, to prepare an environmental assessment, or to prepare an environmental impact statement is pending on the date on which the report is submitted;
(iii) the number of project studies for which an environmental assessment was issued during the reporting period, broken down by whether a finding of no significant impact, if applicable, was based on mitigation;
(iv) the length of time the Corps of Engineers took to complete each environmental assessment described in clause (iii);
(v) the number of project studies pending on the date on which the report is submitted for which an environmental assessment is being drafted;
(vi) the number of project studies for which an environmental impact statement was issued during the reporting period;
(vii) the length of time the Corps of Engineers took to complete each environmental impact statement described in clause (vi); and
(viii) the number of project studies pending on the date on which the report is submitted for which an environmental impact statement is being drafted.
(2) Public access to NEPA reports
(Pub. L. 117–263, div. H, title LXXXI, § 8134, Dec. 23, 2022, 136 Stat. 3721.)

CITE AS: 33 USC 2348a

§ 2349. Categorical exclusions in emergencies
For the repair, reconstruction, or rehabilitation of a water resources project that is in operation or under construction when damaged by an event or incident that results in a declaration by the President of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Secretary shall treat such repair, reconstruction, or rehabilitation activity as a class of action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations (or successor regulations), if the repair or reconstruction activity is—
(1) in the same location with the same capacity, dimensions, and design as the original water resources project as before the declaration described in this section; 1
1 See References in Text note below.
and
(2) commenced within a 2-year period beginning on the date of a declaration described in this section.
(Pub. L. 113–121, title I, § 1005(b), June 10, 2014, 128 Stat. 1212.)

CITE AS: 33 USC 2349

§ 2350. Corrosion prevention
(a) In general
(b) ActivitiesIn carrying out subsection (a), the Secretary, to the greatest extent practicable, shall ensure that contractors performing work for water resources development projects—
(1) use best practices to carry out corrosion prevention activities in the field;
(2) use industry-recognized standards and corrosion mitigation and prevention methods when—
(A) determining protective coatings;
(B) selecting materials; and
(C) determining methods of cathodic protection, design, and engineering for corrosion prevention;
(3) use certified coating application specialists and cathodic protection technicians and engineers;
(4) use best practices in environmental protection to prevent environmental degradation and to ensure careful handling of all hazardous materials;
(5) demonstrate a history of employing industry-certified inspectors to ensure adherence to best practices and standards; and
(6) demonstrate a history of compliance with applicable requirements of the Occupational Safety and Health Administration.
(c) Corrosion prevention activities definedIn this section, the term “corrosion prevention activities” means—
(1) the application and inspection of protective coatings for complex work involving steel and cementitious structures, including structures that will be exposed in immersion;
(2) the installation, testing, and inspection of cathodic protection systems; and
(3) any other activities related to corrosion prevention the Secretary determines appropriate.
(d) ReportIn the first annual report submitted to Congress after December 16, 2016, in accordance with section 556 of this title, and section 2295(b) of this title, the Secretary shall report on the corrosion prevention activities encouraged under this section, including—
(1) a description of the actions the Secretary has taken to implement this section; and
(2) a description of the projects utilizing corrosion prevention activities, including which activities were undertaken.
(Pub. L. 113–121, title I, § 1033, June 10, 2014, 128 Stat. 1233; Pub. L. 114–322, title I, § 1142, Dec. 16, 2016, 130 Stat. 1658.)

CITE AS: 33 USC 2350

§ 2351. Durability, sustainability, and resilienceIn carrying out the activities of the Corps of Engineers, the Secretary, to the maximum extent practicable, shall encourage the use of durable and sustainable materials and resilient construction techniques that—
(1) allow a water resources infrastructure project—
(A) to resist hazards due to a major disaster; and
(B) to continue to serve the primary function of the water resources infrastructure project following a major disaster;
(2) reduce the magnitude or duration of a disruptive event to a water resources infrastructure project; and
(3) have the absorptive capacity, adaptive capacity, and recoverability to withstand a potentially disruptive event.
(Pub. L. 113–121, title III, § 3022, June 10, 2014, 128 Stat. 1301.)

CITE AS: 33 USC 2351

§ 2351a. Operation and maintenance of existing infrastructure

The Secretary shall improve the reliability, and operation and maintenance of, existing infrastructure of the Corps of Engineers, and, as necessary, improve its resilience to cyber-related threats.

(Pub. L. 115–270, title I, § 1113, Oct. 23, 2018, 132 Stat. 3775.)

CITE AS: 33 USC 2351a

§ 2351b. Federal breakwaters and jetties
(a) In general
(b) Classification of activityThe Secretary may not classify any repair or maintenance activity of a Federal jetty or breakwater carried out under subsection (a) as major rehabilitation of such jetty or breakwater—
(1) if the Secretary determines that—
(A) projected changes in wave action or height, including changes that result from relative sea level change, will diminish the functionality of the jetty or breakwater to meet the authorized purpose of the project; and
(B) such repair or maintenance activity is necessary to restore such functionality; or
(2) if—
(A) the Secretary has not carried out regular and routine Federal maintenance activity at the jetty or breakwater; and
(B) the structural integrity of the jetty or breakwater is degraded as a result of a lack of such regular and routine Federal maintenance activity.
(Pub. L. 117–263, div. H, title LXXXI, § 8101, Dec. 23, 2022, 136 Stat. 3695.)

CITE AS: 33 USC 2351b

§ 2352. Funding to process permits
(a) Funding to process permits
(1) DefinitionsIn this subsection:
(A) Natural gas company
(B) Public-utility company
(C) Railroad carrier
(2) Permit processing
(A) In general
(B) Mitigation bank instrument processingAn activity carried out by the Secretary to expedite evaluation of a permit described in subparagraph (A) may include the evaluation of an instrument for a mitigation bank if—
(i) the non-Federal public entity, public-utility company, natural gas company, or railroad carrier applying for the permit described in that subparagraph is the sponsor of the mitigation bank; and
(ii) expediting evaluation of the instrument is necessary to expedite evaluation of the permit described in that subparagraph.
(3) Effect on other entities
(4) GAO study
(b) Effect on permitting
(1) In general
(2) Impartial decisionmakingIn carrying out this section, the Secretary shall ensure that the evaluation of permits carried out using funds accepted under this section shall—
(A) be reviewed by—
(i) the District Commander, or the Commander’s designee, of the Corps District in which the project or activity is located; or
(ii) the Commander of the Corps Division in which the District is located if the evaluation of the permit is initially conducted by the District Commander; and
(B) utilize the same procedures for decisions that would otherwise be required for the evaluation of permits for similar projects or activities not carried out using funds authorized under this section.
(c) Limitation on use of funds
(d) Public availability
(1) In general
(2) Decision documentThe Secretary shall—
(A) use a standard decision document for evaluating all permits using funds accepted under this section; and
(B) make the standard decision document, along with all final permit decisions, available to the public, including on the Internet.
(3) Agreements
(e) Reporting
(1) In generalThe Secretary shall prepare an annual report on the implementation of this section, which, at a minimum, shall include for each district of the Corps of Engineers that accepts funds under this section—
(A) a comprehensive list of any funds accepted under this section during the previous fiscal year;
(B) a comprehensive list of the permits reviewed and approved using funds accepted under this section during the previous fiscal year, including a description of the size and type of resources impacted and the mitigation required for each permit; and
(C) a description of the training offered in the previous fiscal year for employees that is funded in whole or in part with funds accepted under this section.
(2) SubmissionNot later than 90 days after the end of each fiscal year, the Secretary shall—
(A) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the annual report described in paragraph (1); and
(B) make each report received under subparagraph (A) available on a single publicly accessible Internet site.
(Pub. L. 106–541, title II, § 214, Dec. 11, 2000, 114 Stat. 2594; Pub. L. 108–137, title I, § 114, Dec. 1, 2003, 117 Stat. 1836; Pub. L. 109–99, § 1, Nov. 11, 2005, 119 Stat. 2169; Pub. L. 109–209, § 1, Mar. 24, 2006, 120 Stat. 318; Pub. L. 109–434, § 1, Dec. 20, 2006, 120 Stat. 3197; Pub. L. 110–114, title II, § 2002, Nov. 8, 2007, 121 Stat. 1067; Pub. L. 111–120, § 1, Dec. 22, 2009, 123 Stat. 3478; Pub. L. 111–315, § 1, Dec. 18, 2010, 124 Stat. 3450; Pub. L. 113–121, title I, § 1006, June 10, 2014, 128 Stat. 1212; Pub. L. 114–322, title I, § 1125, Dec. 16, 2016, 130 Stat. 1648; Pub. L. 115–270, title I, § 1145, Oct. 23, 2018, 132 Stat. 3785; Pub. L. 117–263, div. H, title LXXXI, § 8135, Dec. 23, 2022, 136 Stat. 3722.)

CITE AS: 33 USC 2352

§ 2353. Structural health monitoring
(a) In general
The Secretary shall design and develop a structural health monitoring program to assess and improve the condition of infrastructure constructed and maintained by the Corps of Engineers, including research, design, and development of systems and frameworks for—
(1) response to flood and earthquake events;
(2) predisaster mitigation measures;
(3) lengthening the useful life of the infrastructure; and
(4) identifying risks due to sea level rise.
(b) Consultation and considerations
In developing the program under subsection (a), the Secretary shall—
(1) consult with academic and other experts; and
(2) consider models for maintenance and repair information, the development of degradation models for real-time measurements and environmental inputs, and research on qualitative inspection data as surrogate sensors.
(Pub. L. 114–322, title I, § 1151, Dec. 16, 2016, 130 Stat. 1661.)

CITE AS: 33 USC 2353

§ 2353a. Aging infrastructure
(a) Definitions
In this section:
(1) Aging infrastructure
(2) Enhanced inspection
(b) Contracts for enhanced inspection
(1) In general
(2) Certain circumstances
Subject to the availability of appropriations, or funds available pursuant to subsection (d), the Secretary shall enter into a contract described in paragraph (1), if—
(A) the owner or operator of the aging infrastructure requests that the Secretary carry out the enhanced inspections; and
(B) the inspection is at the full expense of such owner or operator.
(c) Limitation
(d) Funding
(Pub. L. 116–260, div. AA, title I, § 138, Dec. 27, 2020, 134 Stat. 2651.)

CITE AS: 33 USC 2353a

§ 2354. Easements for electric, telephone, or broadband service facilities
(a) Definition of water resources development project
(b) No consideration for easements
(c) Administrative expenses
(Pub. L. 114–322, title I, § 1172, Dec. 16, 2016, 130 Stat. 1671.)

CITE AS: 33 USC 2354

§ 2355. Prior project authorization

In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.

(Pub. L. 115–270, title I, § 1127, Oct. 23, 2018, 132 Stat. 3780.)

CITE AS: 33 USC 2355

§ 2356. Project consultation
(a) Reports required
Not later than 180 days after December 27, 2020, the Secretary shall submit the following reports:
(1) The report required under section 1214 of the Water Resources Development Act of 2018 (132 Stat. 3809).
(2) The report required under section 1120(a)(3) of the Water Resources Development Act of 2016 (130 Stat. 1643).
(b) Environmental justice updates
(1) In general
(2) Update
(3) Requirements
In updating the policies, regulations, or guidance under paragraph (2), the Secretary shall—
(A) provide notice to interested non-Federal stakeholders, including representatives of minority communities, low-income communities, and Indian Tribes;
(B) provide opportunities for interested stakeholders to comment on potential updates of policies, regulations, or guidance;
(C) consider the recommendations from the reports submitted under subsection (a); and
(D) promote the meaningful involvement of minority communities, low-income communities, and Indian Tribes.
(c) Community engagement
In carrying out a water resources development project, the Secretary shall, to the extent practicable—
(1) promote the meaningful involvement of minority communities, low-income communities, and Indian Tribes;
(2) provide guidance and technical assistance to such communities or Tribes to increase understanding of the project development and implementation activities, regulations, and policies of the Corps of Engineers; and
(3) cooperate with State, Tribal, and local governments with respect to activities carried out pursuant to this subsection.
(d) Tribal lands and consultation
In carrying out water resources development projects, the Secretary shall, to the extent practicable and in accordance with the Tribal Consultation Policy affirmed and formalized by the Secretary on November 1, 2012 (or a successor policy)—
(1) promote meaningful involvement with Indian Tribes specifically on any Tribal lands near or adjacent to any water resources development projects, for purposes of identifying lands of ancestral, cultural, or religious importance;
(2) consult with Indian Tribes specifically on any Tribal areas near or adjacent to any water resources development projects, for purposes of identifying lands, waters, and other resources critical to the livelihood of the Indian Tribes; and
(3) cooperate with Indian Tribes to avoid, or otherwise find alternate solutions with respect to, such areas.
(Pub. L. 116–260, div. AA, title I, § 112, Dec. 27, 2020, 134 Stat. 2625.)

CITE AS: 33 USC 2356

§ 2357. Managed aquifer recharge study and working group
(a) Assessment
(1) In general
(2) Requirements
In carrying out paragraph (1), the Secretary shall—
(A) assess and identify opportunities to support non-Federal interests, including Tribal communities, in carrying out managed aquifer recharge projects; and
(B) assess preliminarily local hydrogeologic conditions relevant to carrying out managed aquifer recharge projects.
(3) Coordination
(b) Feasibility studies
(1) Authorization
(2) Limitation
(3) Use of information
(4) Cost share
(c) Working group
(1) In general
(2) Composition
In establishing the working group under paragraph (1), the Secretary shall ensure that members of the working group have expertise working with—
(A) projects providing water supply storage to meet regional water supply demand, particularly in regions experiencing drought;
(B) the protection of groundwater supply, including promoting infiltration and increased recharge in groundwater basins, and groundwater quality;
(C) aquifer storage, recharge, and recovery wells;
(D) dams that provide recharge enhancement benefits;
(E) groundwater hydrology;
(F) conjunctive use water systems; and
(G) agricultural water resources, including the use of aquifers for irrigation purposes.
(3) Duties
The working group established under this subsection shall—
(A) advise the Secretary regarding the development and execution of the assessment under subsection (a) and any feasibility studies under subsection (b);
(B) assist Corps of Engineers offices at the headquarter, division, and district levels with raising awareness of non-Federal interests of the potential benefits of carrying out managed aquifer recharge projects; and
(C) assist with the development of the report required to be submitted under subsection (d).
(d) Report to Congress
Not later than 2 years after December 23, 2022, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on managed aquifer recharge that includes—
(1) the results of the assessment conducted under subsection (a) and any feasibility studies carried out under subsection (b), including data collected under such assessment and studies and any recommendations on managed aquifer recharge opportunities for non-Federal interests, States, local governments, and Tribes;
(2) a status update on the implementation of the recommendations included in the report of the U.S. Army Corps of Engineers Institute for Water Resources entitled “Managed Aquifer Recharge and the U.S. Army Corps of Engineers: Water Security through Resilience”, published in April 2020 (2020–WP–01); and
(3) an evaluation of the benefits of creating a new or modifying an existing planning center of expertise for managed aquifer recharge, and identify potential locations for such a center of expertise, if feasible.
(e) Savings provision
(f) Definitions
In this section:
(1) Managed aquifer recharge
(2) Managed aquifer recharge project
(Pub. L. 117–263, div. H, title LXXXI, § 8108, Dec. 23, 2022, 136 Stat. 3700.)

CITE AS: 33 USC 2357