Sec. 111. Project consultation

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Not later than 180 days after the date of enactment of this Act, the Secretary shall submit the following reports: The report required under section 1214 of the Water Resources Development Act of 2018 (132 Stat. 3809). The report required under section 1120(a)(3) of the Water Resources Development Act of 2016 (130 Stat. 1643). The Secretary shall ensure that all covered community consultation policies, regulations, and guidance of the Corps of Engineers continue to be implemented, and that consultations with Federal and State agencies and Indian Tribes required for a water resources development project are carried out.

The Secretary shall ensure that any covered communities, including such communities identified in the reports submitted under subsection (a), that are found to be disproportionately or adversely affected are included in consultation policies, regulations, and guidance of the Corps of Engineers. The Secretary shall ensure that covered communities are consulted in the development of water resources development project planning and construction, for the purposes of achieving environmental justice and addressing any disproportionate or adverse effects on such communities.

Not later than 1 year after the date of enactment of this Act, the Secretary shall update any policies, regulations, and guidance of the Corps of Engineers related to achieving environmental justice for covered communities. In carrying out paragraph (1), the Secretary shall— consult with a wide array of representatives of covered communities; and use the recommendations from the reports submitted under subsection (a). The Secretary shall ensure that in carrying out authorized water resources development projects in, and all other activities of the Corps of Engineers related to, covered communities, the Corps of Engineers— promotes the meaningful involvement of such communities in the project development and implementation, enforcement efforts, and other activities of the Corps of Engineers; provides guidance and technical assistance to such communities to increase understanding of the project development and implementation activities, regulations, and policies of the Corps of Engineers; and cooperates with State, Tribal, and local governments with respect to activities carried out pursuant to this subsection.

The Secretary shall ensure that in carrying out authorized water resources development projects and in all other activities of the Corps of Engineers, that the Corps of Engineers— consults with Indian Tribes specifically on any Tribal lands near or adjacent to any activities of the Corps of Engineers, for purposes of identifying lands of ancestral, cultural, or religious importance; and cooperates with Indian Tribes to avoid, or otherwise find alternate solutions with respect to, such lands; and consults with Indian Tribes specifically on any Tribal areas near or adjacent to any activities of the Corps of Engineers, for purposes of identifying lands, waters, and other resources critical to the livelihood of the Indian Tribes; and cooperates with Indian Tribes to avoid, or otherwise find alternate solutions with respect to, such areas.

In this section: The term community of color means a community of individuals who are— American Indian or Alaska Native; Asian or Pacific Islander; Black, not of Hispanic origin; or Hispanic. The term covered community means each of the following: A community of color. An economically disadvantaged community. A rural community. A Tribal or indigenous community. The term State means each of the several States, the District of Columbia, and each of the commonwealths, territories, and possessions of the United States.

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132 Stat. 3809
130 Stat. 1643

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Sec. 111

Project consultation

Stat.132 Stat. 3809

Stat.130 Stat. 1643

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