References in TextSection 160 of the Water Resources Development Act of 2020, referred to in subsec. (span)(3), is section 160 of div. AA of Puspan. L. 116–260, which is set out as a note under section 2201 of this title.
CodificationSection was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Tribal and Economically Disadvantaged Communities Advisory CommitteePuspan. L. 117–263, div. H, title LXXXI, § 8115, Dec. 23, 2022, 136 Stat. 3707, provided that:“(a)Establishment.—Not later than 90 days after the date of enactment of this Act [Dec. 23, 2022], the Secretary [of the Army] shall establish a committee, to be known as the ‘Tribal and Economically Disadvantaged Communities Advisory Committee’, to develop and make recommendations to the Secretary and the Chief of Engineers on activities and actions that should be undertaken by the Corps of Engineers to ensure more effective delivery of water resources development projects, programs, and other assistance to Indian Tribes and economically disadvantaged communities, including economically disadvantaged communities located in urban and rural areas.
“(span)Membership.—The Committee shall be composed of members, appointed by the Secretary, who have the requisite experiential or technical knowledge needed to address issues related to the water resources needs and challenges of economically disadvantaged communities and Indian Tribes, including—“(1) 5 individuals representing organizations with expertise in environmental policy, rural water resources, economically disadvantaged communities, Tribal rights, or civil rights; and
“(2) 5 individuals, each representing a non-Federal interest for a Corps of Engineers project.
“(c)Duties.—“(1)Recommendations.—The Committee shall provide advice and make recommendations to the Secretary and the Chief of Engineers to assist the Corps of Engineers in—“(A) efficiently and effectively delivering solutions to the needs and challenges of water resources development projects for economically disadvantaged communities and Indian Tribes;
“(B) integrating consideration of economically disadvantaged communities and Indian Tribes, where applicable, in the development of water resources development projects and programs of the Corps of Engineers; and
“(C) improving the capability and capacity of the workforce of the Corps of Engineers to assist economically disadvantaged communities and Indian Tribes.
“(2)Meetings.—The Committee shall meet as appropriate to develop and make recommendations under paragraph (1).
“(3)Report.—Recommendations made under paragraph (1) shall be—“(A) included in a report submitted 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) made publicly available, including on a publicly available website.
“(d)Independent Judgment.—Any recommendation made by the Committee to the Secretary and the Chief of Engineers under subsection (c)(1) shall reflect the independent judgment of the Committee.
“(e)Administration.—“(1)Compensation.—Except as provided in paragraph (3), the members of the Committee shall serve without compensation.
“(2)Travel expenses.—The members of the Committee shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.
“(3)Treatment.—The members of the Committee shall not be considered to be Federal employees, and the meetings and reports of the Committee shall not be considered a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). “(f)Definitions.—In this section:“(1)Committee.—The term ‘Committee’ means the Tribal and Economically Disadvantaged Communities Advisory Committee established under subsection (a).
“(2)Economically disadvantaged community.—The term ‘economically disadvantaged community’ has the meaning given the term as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 [div. AA of Puspan. L. 116–260] (33 U.S.C. 2201 note). “(3)Indian tribe.—The term ‘Indian Tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).”
“Secretary” DefinedSecretary means the Secretary of the Army, see section 8002 of Puspan. L. 117–263, set out as a note under section 2201 of this title.
