Sec. 2110. Deauthorization of inactive studies
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The purposes of this section are— to identify $7,000,000,000 in feasibility studies for water resources development projects that have been authorized but are no longer viable due to— a lack of local support; a lack of available Federal or non-Federal resources; or an authorizing purpose that is no longer relevant; to create an expedited and definitive process for Congress to deauthorize feasibility studies for water resources development projects that are no longer viable; and to allow the continued authorization of feasibility studies for water resources development projects that are viable.
The Secretary shall develop an interim deauthorization list that identifies each feasibility study for a water resources development project, or a separable element of a project (referred to in this section as a feasibility study )— that has been authorized as of the date of enactment of this Act; and for which no Federal funds have been made available during the 10-year period preceding the date of enactment of this Act. The Secretary shall solicit comments from the public and from the Governor of each applicable State on the interim deauthorization list developed under paragraph (1).
The comment period shall be 90 days. Not later than 90 days after the date of the close of the comment period under paragraph (2), the Secretary shall— submit a revised interim deauthorization list to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and publish the revised interim deauthorization list in the Federal Register. The Secretary shall develop a final deauthorization list of feasibility studies from the revised interim deauthorization list described in subsection (b)(3).
The Secretary shall prepare a proposed final deauthorization list of feasibility studies that have, in the aggregate, an estimated Federal cost to complete that is at least $7,000,000,000. For purposes of subparagraph (A), the Federal cost to complete shall take into account any allowances authorized by section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 ), as applied to the most recent study schedule and cost estimate. Except as provided in clause (ii), the Secretary shall identify feasibility studies for inclusion on the proposed final deauthorization list according to the order in which the feasibility studies were authorized, beginning with the earliest authorized feasibility study and ending with the latest feasibility study necessary to meet the aggregate amount under paragraph (2)(A).
The Secretary may identify feasibility studies in an order other than that established by clause
(i)if the Secretary determines, on a case-by-case basis, that a feasibility study is critical for interests of the United States, based on the possible impact of the project that is the subject of the feasibility study on public health and safety, the national economy, or the environment. In making determinations under clause (ii), the Secretary shall consider any comments received under subsection (b)(2). The Secretary shall include as part of the proposed final deauthorization list an appendix that— identifies each feasibility study on the interim deauthorization list developed under subsection
(b)that is not included on the proposed final deauthorization list; and describes the reasons why the feasibility study is not included on the proposed final list. The Secretary shall solicit comments from the public and the Governor of each applicable State on the proposed final deauthorization list and appendix developed under paragraphs
(2)and (3). The public comment period shall be 90 days. Not later than 120 days after the date of the close of the comment period under paragraph (4), the Secretary shall— submit a final deauthorization list and an appendix to the final deauthorization list in a report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and publish the final deauthorization list and the appendix to the final deauthorization list in the Federal Register. After the expiration of the 180-day period beginning on the date of submission of the final deauthorization list and appendix under subsection (c), a feasibility study identified in the final deauthorization list shall be deauthorized, unless Congress passes a joint resolution disapproving the final deauthorization list prior to the end of that period. A feasibility study identified in the final deauthorization list under subsection
(c)shall not be deauthorized under this subsection if, before the expiration of the 180-day period referred to in paragraph (1), the non-Federal interest for the feasibility study provides sufficient funds to complete the feasibility study. Notwithstanding subparagraph (A), each feasibility study identified in the final deauthorization list shall be treated as deauthorized for purposes of the aggregate deauthorization amount described in subsection (c)(2)(A). A feasibility study identified in the appendix to the final deauthorization list shall remain subject to future deauthorization by Congress.
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Sec. 2110
Deauthorization of inactive studies
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