Sec. 1176. Preconstruction engineering design demonstration program
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In this section, the term environmental impact statement means the detailed written statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). The Secretary shall establish a demonstration program to allow a project authorized to execute pursuant to section 211 of the Water Resources Development Act of 1996 ( 33 U.S.C. 701b–13 ) (as in effect on the day before the date of enactment of the Water Resources Reform and Development Act of 2014 (128 Stat. 1193)) to begin preconstruction engineering and design on a determination by the Secretary that the project is technically feasible, economically justified, and environmentally acceptable.
For each project authorized to begin preconstruction engineering and design under subsection (b)— the project shall conform to the feasibility study and the environmental impact statement approved by the Secretary; and the Secretary and the non-Federal sponsor shall jointly agree to the construction design of the project. When reviewing the feasibility study and the environmental impact statement for a project under subsection (b), the Secretary shall follow current USACE Policy, Regulations, and Guidance, to assess potential adverse downstream impacts to the Pearl River Basin.
Upon completion of the Secretary’s determination under subsection (b), the non-Federal sponsor shall design the project in a manner that addresses any potential adverse impacts or that provides mitigation in accordance with section 906 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2283 ). The authority to carry out the demonstration program under this section shall terminate on the date that is 5 years after the date of enactment of this Act. Nothing in this section supersedes, precludes, or affects any applicable requirements for a project under subsection
(b)under— section 906 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2283 ); or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq.).
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- 33 USC 701b–13
- 128 Stat. 1193
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Sec. 1176
Preconstruction engineering design demonstration program
Cite33 USC 701b–13
Stat.128 Stat. 1193
Cites 5Cited by 0 across 0 sources