Sec. 7001. Annual report to Congress
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Not 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: Each feasibility report that meets the criteria established in subsection (c)(1)(A). Any proposed feasibility study submitted to the Secretary by a non-Federal interest pursuant to subsection
(b)that meets the criteria established in subsection (c)(1)(A). Any proposed modification to an authorized water resources development project or feasibility study that meets the criteria established in subsection (c)(1)(A) that— is submitted to the Secretary by a non-Federal interest pursuant to subsection (b); or is identified by the Secretary for authorization. Not later than May 1 of each year, the Secretary shall publish in the Federal Register a notice requesting proposals from non-Federal interests for proposed feasibility studies and proposed modifications to authorized water resources development projects and feasibility studies to be included in the annual report. The Secretary shall include in each notice required by this subsection a requirement that non-Federal interests submit to the Secretary any proposals described in paragraph
(1)by not later than 120 days after the date of publication of the notice in the Federal Register in order for the proposals to be considered for inclusion in the annual report. On the date of publication of each notice required by this subsection, the Secretary shall— make the notice publicly available, including on the Internet; and 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. The 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— are related to the missions and authorities of the Corps of Engineers; require specific congressional authorization, including by an Act of Congress; have not been congressionally authorized; have not been included in any previous annual report; and if authorized, could be carried out by the Corps of Engineers. The Secretary shall describe in the annual report, to the extent applicable and practicable, for each proposed feasibility study and proposed modification to an authorized water resources development project or feasibility study included in the annual report, the benefits, as described in clause (ii), of each such study or proposed modification (including the water resources development project that is the subject of the proposed feasibility study or the proposed modification to an authorized feasibility study). The benefits (or expected benefits, in the case of a proposed feasibility study) described in this clause are benefits to— the protection of human life and property; improvement to transportation; the national economy; the environment; or the national security interests of the United States. The Secretary shall identify in the annual report, to the extent practicable— 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 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— 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 the financial ability to provide the required non-Federal cost share. The 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)— 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 feasibility report; the proposed feasibility study; the authorized feasibility study for which the modification is proposed; or construction of— the water resources development project that is the subject of— the feasibility report; the proposed feasibility study; or the authorized feasibility study for which a modification is proposed; or the proposed modification to an authorized water resources development project; 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; the purpose of the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study; an estimate, to the extent practicable, of the Federal, non-Federal, and total costs of— the proposed modification to an authorized feasibility study; and construction of— the water resources development project that is the subject of— the feasibility report; or the authorized feasibility study for which a modification is proposed, with respect to the change in costs resulting from such modification; or the proposed modification to an authorized water resources development project; and an estimate, to the extent practicable, of the monetary and nonmonetary benefits of— the water resources development project that is the subject of— the feasibility report; or the authorized feasibility study for which a modification is proposed, with respect to the benefits of such modification; or the proposed modification to an authorized water resources development project. The Secretary shall include in the annual report a certification stating that each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study included in the annual report meets the criteria established in paragraph (1)(A). The Secretary shall include in the annual report an appendix listing the proposals submitted under subsection
(b)that were not included in the annual report under paragraph (1)(A) and a description of why the Secretary determined that those proposals did not meet the criteria for inclusion under such paragraph. Notwithstanding any other deadlines required by this section, the Secretary shall— not later than 60 days after the date of enactment of this Act, publish in the Federal Register a notice required by subsection (b)(1); and 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. Upon submission of an annual report to Congress, the Secretary shall make the annual report publicly available, including through publication on the Internet. In this section: The term annual report means a report required by subsection (a). The term feasibility report means a final feasibility report developed under section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ). The term feasibility report includes— a report described in section 105(d)(2) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2215(d)(2) ); and where applicable, any associated report of the Chief of Engineers. The term feasibility study has the meaning given that term in section 105 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2215 ). The term non-Federal interest has the meaning given that term in section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ).
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- 42 USC 1962d–5b
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