Sec. 1031. Corps of Engineers Board of Appeals for certain water storage projects
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/bill/115/s/2800/rs/section-1031·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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— whether the District Engineer concurs with the assessment of the purpose of and need for the water storage project proposed by the applicant; and 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.
No environmental impact statement or environmental assessment required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) shall substantially commence with respect to a water storage project for which an application is submitted as described in paragraph
(1)until the date on which the District Engineer provides to the applicant the purpose and need statement under that paragraph. Before the Secretary issues a permit decision for any project for which a permit from the Secretary is required, the Secretary shall provide to the applicant a record of decision that describes all applicable conditions under the permit that will apply to the project. The Secretary shall establish a board of appeals, to be known as the Corps of Engineers Board of Appeals (referred to in this subsection as the Board ). The Board shall be composed of 5 members, to be appointed by the Secretary, of whom— 2 shall be representatives of State water development commissions and agencies with water storage needs; 2 shall be representatives of the Corps of Engineers; and 1— shall be selected jointly by the Secretary and the entities described in clause (i); and shall not be a representative of any entity described in clause
(i)or (ii). In selecting members to serve on the Board, the Secretary shall ensure that each Board member— does not have a conflict of interest; and is not from the same State in which the project that is the subject of the appeal is located. The Board shall make determinations on— all appeals relating to a purpose and need statement provided under subsection (a)(1); and all appeals relating to the permit conditions described in a record of decision under subsection (b). The Board shall make a determination regarding an appeal under subparagraph
(A)by not later than 90 days after the date on which the appeal is filed with the Board. In making a determination under subparagraph (A), the Board shall evaluate— in the case of an appeal described in subparagraph (A)(i), any field assessment of the Corps of Engineers regarding the purpose of and need for the applicable water storage project; and in the case of an appeal described in subparagraph (A)(ii), any condition placed on a project under a permit based on the record of decision under subsection (b). In the case of any determination of the Board under paragraph (3)(A), the applicable District Engineer shall reconsider the purpose and need statement or permit condition, as applicable, taking into consideration the determination of the Board under paragraph (3)(A). If the District Engineer determines not to accept a determination under subparagraph (A), the District Engineer shall, not later than 90 days after the date on which the District Engineer receives the determination, provide to the applicant and to the Board a written explanation as to why the District Engineer rejected the determination.
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Sec. 1031
Corps of Engineers Board of Appeals for certain water storage projects
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