Sec. 1001. Corps budgeting
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The purposes of this section are— to require the Corps of Engineers to provide a budget on a 5-year basis, allowing for— districts of the Corps of Engineers to manage projects and initiatives of regional, Tribal, and local significance; and the headquarters office of the Corps of Engineers to manage projects and initiatives of national significance; to require the Secretary to allocate a budget for each district of the Corps of Engineers and to give responsibility to those districts to develop and implement the district 5-year budget and work plan; and to increase local and non-Federal partner and stakeholder input in the process to improve budgeting of activities by the Secretary.
In this section: The term Assistant Secretary means the Assistant Secretary of the Army for Civil Works. The term COM accounts means— the Civil Works Program Construction appropriations account of the Secretary; and the Civil Works Program Operation and Maintenance appropriations account of the Secretary. The term COM accounts includes the portions of the Civil Works Program Mississippi River and Tributaries appropriations account of the Secretary specifically relating to— construction; or operations and maintenance.
The term cost-share partner means a non-Federal government agency or other entity that is legally obligated— to participate in project plan development; or to provide funds or in-kind support for plan development or project implementation. The term district 5-year budget and work plan means a report by an appropriate District Engineer under subsection
(e)that— includes— the district work plan for the fiscal year; and the district budget proposal for the 4-year period following the fiscal year to fund increments of work within the jurisdiction of the district; is based on— an allocation provided for a fiscal year; and estimates based on the allocation under clause (i), assuming an annual growth rate of 2 percent; and contains— a list of projects and initiatives of regional, Tribal, or local significance to be carried out through the COM account; a list of studies that the District Engineer determines would potentially provide value to the United States to be carried out through the Investigations account; and a list of projects and initiatives of national significance to be carried out through the COM accounts, if the project or initiative is selected to be carried out. The term government agencies means Federal and non-Federal government agencies that can provide authority, expertise, or funding, in cases in which the Secretary has limited authority or in which the government agency can assist in developing a project alternative, to collaborate on projects and plans relating to— flood damage reduction and risk management; reliable water supply; and other business lines. The term headquarters 5-year budget and work plan means a report by the Chief of Engineers under subsection
(d)that— includes— the Corps of Engineers work plan for the fiscal year; and the Corps of Engineers budget proposal for the 4-year period following the fiscal year to fund increments of work to be carried out that is considered to be of regional, Tribal, or local significance; and is based on— an amount provided for the fiscal year through an appropriations Act; and estimates based on the amount under clause (i), assuming an annual growth rate of 2 percent. The term integrated water resource management means a holistic and mission-integrated process that— focuses on water resources challenges and opportunities; and promotes collaboration with cost-share partners, relevant government agencies, and stakeholders for coordinated development and active management of water and related resources— to align authorities and funding; to provide opportunities for information sharing; and to support complementary and integrated solutions to problems across Federal and non-Federal boundaries to deliver value to the United States based on regional, Tribal, or local benefits. The term Investigations account means the Civil Works Program Investigations appropriations account of the Secretary. The term Investigations account includes the portions of the Civil Works Program Mississippi River and Tributaries appropriations account of the Secretary specifically relating to investigations. The term project means any project, program, or activity carried out by the Corps of Engineers. The term project or initiative of national significance means a Corps of Engineers activity that— provides value to the United States; and satisfies the economic analysis or assumption and other legal and policy requirements, including the benefit-cost ratio, for potential inclusion in the budget transmitted under section 1105(a) of title 31, United States Code. The term project or initiative of regional, Tribal, or local significance means a Corps of Engineers activity that— provides value to the United States; but does not satisfy the requirements to be considered a project or initiative of national significance. The term value to the United States , with respect to a project, for the United States, a region, an Indian Tribe, or a locality, means— the enhancement or stabilization of the regional, Tribal, or local economy; the restoration or protection of the regional, Tribal, or local environment; or the provision of health, safety, and general welfare to maintain or improve the quality of life of the people of the United States. The term work plan process means the process used by the Secretary and the Chief of Engineers on the date of enactment of this Act by which funds that are not allocated to a specified project in an appropriations Act (including the statement of managers for such an Act) are subdivided into various categories within the areas of— navigation; flood risk management; and other authorized project purposes. Not less frequently than once each fiscal year, the Secretary shall make recommendations to Congress on the date that the budget is transmitted under section 1105(a) of title 31, United States Code, for the allocation and appropriation of amounts for that fiscal year in each of the major business lines for the Investigations account and the COM accounts for allocation to each district of the Corps of Engineers, for use by— the District Engineer; and the civilian Deputy District Engineer for Programs and Project Management. Except as specifically provided in this subsection, nothing in this subsection affects any other appropriations account of the Secretary, including— the Regulatory appropriations account; the Ecosystem Restoration appropriations account; the Expenses appropriations account; the Formerly Utilized Sites Remedial Action Program appropriations account; the Flood Control and Coastal Emergencies appropriations account; the Office of the Assistant Secretary of the Army for Civil Works appropriations account; the revolving fund established by section 101 of the Civil Functions Appropriations Act, 1954 ( 33 U.S.C. 576 ); and the automation development program pursuant to House Report 103–135, accompanying the Energy and Water Development Appropriations Act, 1996 ( Public Law 104–46 ; 109 Stat. 402). Not less frequently than once each fiscal year, on the date that the budget is transmitted under section 1105(a) of title 31, United States Code, the Secretary shall submit to Congress the headquarters 5-year budget and work plan. Not less frequently than once each fiscal year, on the date that the budget is transmitted under section 1105(a) of title 31, United States Code, each District Engineer and civilian Deputy District Engineer for Programs and Project Management shall submit to Congress a district 5-year budget and work plan. A district 5-year budget and work plan under paragraph (1)— may include any project under the jurisdiction of the applicable District Engineer that is not included in the budget transmitted under section 1105(a) of title 31, United States Code; and shall prioritize the projects based on the value to the United States of each project. The headquarters office and Major Subordinate Command of the Corps of Engineers shall provide appropriate quality assurance guidance in the preparation of each district 5-year budget and work plan. The Secretary shall issue guidance that requires that for the development of, or any proposed major substantive modification to, a district 5-year budget and work plan, each District Engineer for each district shall, not less frequently than annually— provide to cost-share partners, government agencies, and stakeholders— notice and an opportunity for comment for a period of not less than 30 days to submit to the Secretary or to the District Engineer comments, including through written submission of data, opinions, or arguments, with or without an opportunity for oral presentation; written responses to comments received under subparagraph (A); and a process through which cost-share partners, government agencies, and stakeholders may appeal decisions of the District Engineer regarding the contents of the district 5-year budget and work plan under subsection (e)(1) to the Major Subordinate Command with jurisdiction over the District; publish the comments received under paragraph (1)(A) on the internet website of the Corps of Engineers; hold a public meeting to discuss each district 5-year budget and work plan; provide to government agencies the opportunity to consult and collaborate with each district and obtain feedback to incorporate into risk assessments; and provide to cost-share partners the opportunity to collaborate— to support information sharing; to the maximum extent practicable, to share in concept development and decision-making to achieve complementary or integrated solutions to problems; and to obtain feedback to incorporate into risk assessments. In developing a headquarters 5-year budget and work plan or district 5-year budget and work plan, the Secretary or the District Engineer, as applicable, shall ensure that applicable projects are or will be carried out in a sustainable manner that— is holistic and mission-integrated; focuses on water resource challenges and opportunities; promotes collaboration with stakeholders, government agencies, and cost-share partners for coordinated development and active management of water and related resources; maximizes the benefits resulting from Corps of Engineers investment; aligns Corps of Engineers, government agencies, and cost-share partners authorities and funding to gain efficiencies and maximize return on investment; and pursues integrated water resource management. The Secretary shall issue guidance to ensure, in the development of a headquarters 5-year budget and work plan or district 5-year budget and work plan— the use of modeling and data to evaluate the performance of project assets on a system or watershed basis in yielding system-wide or watershed-wide benefits; and the prioritization of activities and management of infrastructure within each relevant system or watershed. In making a determination relating to investment at any stage of a project, the Secretary shall issue guidance to ensure that the principles of lifecycle portfolio management are applied in the development of headquarters 5-year budget and work plans and district 5-year budget and work plans, including by— managing the entire lifecycle of the project, within a system or watershed context, using data and objective criteria as the basis for risk-informed investment decision-making to provide— the desired outcomes of the project; and value to the United States; and managing the regional and national portfolios of projects to make cost-effective and sequenced investment decisions. In developing and comparing project alternatives or making any other determination for purposes of a headquarters 5-year budget and work plan or district 5-year budget and work plan, the Secretary shall issue guidance to ensure that each plan includes an evaluation of the projected effects of each project or initiative of national significance or project or initiative of regional, Tribal, or local significance, or project alternative, if applicable, on— the nonmonetary physical, chemical, and biological conditions of water and related land resources in the United States, at the system or watershed scale; the economic value of— water and related land resources in the United States; and the national output of goods and services produced using those resources; the reduction of, and remaining, risks to human life and safety, as measured— taking into consideration applicable flood and coastal storm damage reduction plans, and any other relevant plans; and using— nonmonetary units; or qualitative descriptions; significant cultural, aesthetic, and subwatershed-scale ecological resources, as measured using— nonmonetary units; or qualitative descriptions; and the effects described in subparagraphs
(A)through
(D)with respect to— low-income communities; rural communities; and Tribal and other minority communities. The Secretary shall issue guidance to ensure that headquarters 5-year budget and work plans and district 5-year budget and work plans analyze the accomplishments, projected challenges, and business programs funding and performance of each project or initiative of national significance and project or initiative of regional, Tribal, or local significance, taking into consideration any relevant business lines of the project or initiative. The budget planning processes required under subsections
(d)and
(e)for each fiscal year shall supplant the work plan process with respect to the applicable accounts— to increase transparency regarding planned expenditures of the Corps of Engineers during the 4-year period following that fiscal year; to maximize the return on Federal investment; and to ensure that the infrastructure of the Corps of Engineers protects laborers and employees, private investment, and production in the United States.
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- Pub. L. 104-46
- 109 Stat. 402
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