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Code · BILL · 113th Congress · H.R. 3080 (Enrolled) — To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and devel... · Sec. 1001

Sec. 1001. Vertical integration and acceleration of studies

838 words·~4 min read·/bill/113/hr/3080/enr/section-1001

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To the extent practicable, a feasibility study initiated by the Secretary, after the date of enactment of this Act, under section 905(a) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282(a) ) shall— result in the completion of a final feasibility report not later than 3 years after the date of initiation; have a maximum Federal cost of $3,000,000; and ensure that personnel from the district, division, and headquarters levels of the Corps of Engineers concurrently conduct the review required under that section. 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— prepare an updated feasibility study schedule and cost estimate; notify the non-Federal feasibility cost-sharing partner that the feasibility study has been delayed; and 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. A feasibility study for which the Secretary has issued a determination under subsection
(b)is not authorized after the last day of the 1-year period beginning on the date of the determination if the Secretary has not completed the study on or before such last day. Notwithstanding the requirements of subsection (c), the Secretary may extend the timeline of a study by a period not to exceed 3 years, if the Secretary determines that the feasibility study is too complex to comply with the requirements of subsections
(a)and (c). In making a determination that a study is too complex to comply with the requirements of subsections
(a)and (c), the Secretary shall consider— the type, size, location, scope, and overall cost of the project; whether the project will use any innovative design or construction techniques; whether the project will require significant action by other Federal, State, or local agencies; whether there is significant public dispute as to the nature or effects of the project; and whether there is significant public dispute as to the economic or environmental costs or benefits of the project. Each time the Secretary makes a determination under this subsection, the Secretary shall 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 results of that determination, including an identification of the specific 1 or more factors used in making the determination that the project is complex. The Secretary shall not extend the timeline for a feasibility study for a period of more than 7 years, and any feasibility study that is not completed before that date shall no longer be authorized. Not later than 90 days after the date of the initiation of a study described in subsection
(a)for a project, the Secretary shall— 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; convene a meeting of all Federal, tribal, and State agencies identified under section 2045(e) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2348(e) ) 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 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. Not later than 18 months after the date of enactment of this Act, 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— the status of the implementation of the planning process under this section, including the number of participating projects; a review of project delivery schedules, including a description of any delays on those studies participating in the planning process under this section; and any recommendations for additional authority necessary to support efforts to expedite the feasibility study process for water resource projects. Not later than 4 years after the date of enactment of this Act, 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— the status of the implementation of this section, including a description of each feasibility study subject to the requirements of this section; the amount of time taken to complete each feasibility study; and 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.
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Sec. 1001
Vertical integration and acceleration of studies
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