Sec. 1013. Annual report to Congress on authorized studies and projects
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Not later than February 1 of each year, the Secretary shall develop and submit to the Committees on Appropriations and Environment and Public Works of the Senate and the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives an annual report, to be entitled Report to Congress on Water Resources Development Projects and Studies Available for Appropriation , that identifies each authorized study or authorized water resources development project that— is submitted to the Secretary by a non-Federal interest pursuant to subsection (b); and meets the criteria established under subsection (c)(1)(A).
Not later than May 1 of each year, the Secretary shall publish in the Federal Register a notice requesting proposals from non-Federal interests for authorized studies and authorized water resources development projects to be included in the annual report. The Secretary shall include in each notice under this subsection a requirement that non-Federal interests submit to the Secretary any proposals described in paragraph
(1)by not later than 120 days after the date of publication of the notice in the Federal Register in order for the proposals to be considered for inclusion in the annual report. On the date of publication of each notice required by this subsection, the Secretary shall— make the notice publicly available, including on the internet; and provide written notification of the publication to the Committees on Appropriations and Environment and Public Works of the Senate and the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives. The Secretary shall include in the annual report only an authorized study or authorized water resources development project— that has been authorized by Congress and does not require any additional authorization to be carried out; for which funds may be appropriated under any of the Investigations, Construction, Operation and Maintenance, or Mississippi River and Tributaries appropriations accounts for the Corps of Engineers; and for which the non-Federal interest— in the case of a study or a project other than a project for which funds may be appropriated for operation and maintenance, has entered into, or is willing to enter into, a feasibility cost-sharing agreement, design agreement, or project partnership agreement with the Corps of Engineers; and demonstrates the legal and financial capability to satisfy the requirements of local cooperation for the study or project. The Secretary shall describe in the annual report, to the extent applicable and practicable, for each authorized study and authorized water resources development project included in the annual report, the benefits, as described in clause (ii), of each authorized study or project. The benefits referred to in clause
(i)are benefits to— the protection of human life and property; improvement to transportation; the national, regional, or local economy; the environment; or the national security interests of the United States. The Secretary shall include in the annual report, for each authorized study and authorized water resources development project included under paragraph (1)(A)— the name of the associated non-Federal interest, including the name of any non-Federal interest that has contributed, or is expected to contribute, a non-Federal share of the cost of the authorized study or authorized water resources development project; the purpose of the authorized study or authorized water resources development project; an estimate, to the extent practicable, of the Federal, non-Federal, and total costs of the authorized study or authorized water resources development project, including, to the extent practicable, the fully funded capability of the Corps of Engineers for— the 3 fiscal years following the fiscal year in which the report is submitted, in the case of an authorized study; and the 5 fiscal years following the fiscal year in which the report is submitted, in the case of an authorized water resources development project; and an estimate, to the extent practicable, of the monetary and nonmonetary benefits of the authorized study or authorized water resources development project. The Secretary shall include in the annual report a certification stating that each authorized study or authorized water resources development project included in the annual report meets the criteria established under paragraph (1)(A). The Secretary shall include in the annual report an appendix listing the proposals submitted under subsection
(b)that were not included in the annual report under paragraph (1)(A) and a description of why the Secretary determined that those proposals did not meet the criteria for inclusion under that paragraph. In carrying out subparagraph (A), the Secretary shall not include proposals in the appendix of the annual report that otherwise meet the criteria for inclusion in the annual report solely on the basis of a policy of the Secretary. Notwithstanding any other deadline under this section, the Secretary shall— not later than 60 days after the date of enactment of this Act, publish in the Federal Register a notice under subsection (b)(1); and include in the notice a requirement that non-Federal interests submit to the Secretary any proposals described in subsection (b)(1) by not later than 120 days after the date of publication of the notice in the Federal Register in order for the proposals to be considered for inclusion in the first annual report developed by the Secretary under this section. On submission of an annual report to Congress, the Secretary shall make the annual report publicly available, including through publication on the internet. The Secretary shall develop the annual report using funds available and not otherwise obligated from the Expenses appropriations account for the Corps of Engineers. In this section: The term annual report means a report under subsection (a). The term authorized study means— a study authorized by Congress to be carried out by the Corps of Engineers; or a feasibility study (as defined in section 105 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2215 )) that has been authorized by Congress. The term authorized water resources development project includes any water resources development project of the Corps of Engineers, including a project under an environmental infrastructure assistance program. The term non-Federal interest has the meaning given the term in section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ).
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- 42 USC 1962d–5b
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Sec. 1013
Annual report to Congress on authorized studies and projects
Cite42 USC 1962d–5b
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