§ 2215. Feasibility studies; planning, engineering, and design
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(a)Feasibility studies
(1)Cost sharing
(A)In general The Secretary shall not initiate any feasibility study for a water resources project after November 17, 1986, until appropriate non-Federal interests agree, by contract, to contribute 50 percent of the cost of the study.
(B)Payment of cost share during period of study During the period of the study, the non-Federal share of the cost of the study payable under subparagraph
(A)shall be 50 percent of the sum of—
(i)the cost estimate for the study as contained in the feasibility cost-sharing agreement; and
(ii)any excess of the cost of the study over the cost estimate if the excess results from—
(I)a change in Federal law; or
(II)a change in the scope of the study requested by the non-Federal interests.
(C)Payment of cost share on authorization of project or termination of study
(i)Project timely authorized Except as otherwise agreed to by the Secretary and the non-Federal interests and subject to clause (ii), the non-Federal share of any excess of the cost of the study over the cost estimate (excluding any excess cost described in subparagraph (B)(ii)) shall be payable on the date on which the Secretary and the non-Federal interests enter into an agreement pursuant to section 2211(e) or 2213(j) of this title with respect to the project.
(ii)Project not timely authorized If the project that is the subject of the study is not authorized by the date that is 5 years after the completion of the final report of the Chief of Engineers concerning the study or the date that is 2 years after the termination of the study, the non-Federal share of any excess of the cost of the study over the cost estimate (excluding any excess cost described in subparagraph (B)(ii)) shall be payable to the United States on that date.
(D)Amendment of cost estimate The cost estimate referred to in subparagraph (B)(i) may be amended only by agreement of the Secretary and the non-Federal interests.
(E)In-kind contributions The non-Federal share required under this paragraph may be satisfied by the provision of services, materials, supplies, or other in-kind services necessary to prepare the feasibility report.
(2)Applicability This subsection shall not apply to any water resources study primarily designed for the purposes of navigational improvements in the nature of dams, locks, and channels on the Nation’s system of inland waterways.
(3)Detailed project reports The requirements of this subsection that apply to a feasibility study also shall apply to a study that results in a detailed project report, except that—
(A)the first $100,000 of the costs of a study that results in a detailed project report shall be a Federal expense; and
(B)paragraph (1)(C)(ii) shall not apply to such a study.
(b)Planning and engineering The Secretary shall not initiate any planning or engineering for a water resources project until appropriate non-Federal interests agree, by contract, to contribute 50 percent of the cost of the planning and engineering during the period of the planning and engineering. Costs of planning and engineering of projects for which non-Federal interests contributed 50 percent of the cost of the feasibility study shall be treated as costs of construction.
(c)Design Costs of design of a water resources project shall be shared in the same percentage as the purposes of such project.
(d)Definitions In this section, the following definitions apply:
(1)Detailed project report The term “detailed project report” means a report for a project not specifically authorized by Congress in law or otherwise that determines the feasibility of the project with a level of detail appropriate to the scope and complexity of the recommended solution and sufficient to proceed directly to the preparation of contract plans and specifications. The term includes any associated environmental impact statement and mitigation plan. For a project for which the Federal cost does not exceed $1,000,000, the term includes a planning and design analysis document.
(2)Feasibility study The term “feasibility study” means a study that results in a feasibility report under section 2282 of this title, and any associated environmental impact statement and mitigation plan, prepared by the Corps of Engineers for a water resources project. The term includes a study that results in a project implementation report prepared under title VI of the Water Resources Development Act of 2000 (114 Stat. 2680–2694), a general reevaluation report, and a limited reevaluation report.
(Pub. L. 99–662, title I, § 105, Nov. 17, 1986, 100 Stat. 4088; Pub. L. 101–640, title III, § 301, Nov. 28, 1990, 104 Stat. 4633; Pub. L. 104–303, title II, § 203(a), Oct. 12, 1996, 110 Stat. 3677; Pub. L. 106–541, title II, § 225, Dec. 11, 2000, 114 Stat. 2598; Pub. L. 110–114, title II, § 2043(a), Nov. 8, 2007, 121 Stat. 1101.)
Connections119 cite this · traces to 2
Cited by 119 sections · top 60
public-private-law
- Public Law 116-260Consolidated Appropriations Act, 2021
- Public Law 117-263James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
- Public Law 114-322Water Infrastructure Improvements for the Nation Act
- Public Law 115-270To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, to provide for water pollution control activities, and for other purposes.Oct
- Public Law 113-121Water Resources Reform and Development Act of 2014
- Public Law 118-272Thomas R. Carper Water Resources Development Act of 2024
U.S. Code
statute-compilations
- Sec. 212SHORELINE AND RIVERINE PROTECTION AND RESTORATION
- Sec. 7RESEARCH AND DEVELOPMENT
- Sec. 2043STUDIES AND REPORTS FOR WATER RESOURCES PROJECTS
- Sec. 8117CORPS OF ENGINEERS SUPPORT FOR UNDERSERVED COMMUNITIES; OUTREACH
- Sec. 105FEASIBILITY STUDIES; PLANNING, ENGINEERING, AND DESIGN
- Sec. 8160CIVIL WORKS RESEARCH AND DEVELOPMENT
- Sec. 536LOWER COLUMBIA RIVER AND TILLAMOOK BAY ECOSYSTEM RESTORATION, OREGON AND WASHINGTON
- Sec. 1150REPORTING AND OVERSIGHT
- Sec. 1101OUTREACH AND ACCESS
- Sec. 7001ANNUAL REPORT TO CONGRESS
statutes-at-large
- Public Law 106–53To provide for the conservation and development of water and related resources, to authorize the United States Army Corps of Engineers to construct various projects for improvements to rivers and harbors of the United States, and for other purposes
- Public Law 117–263To authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 106–541To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes
- Public Law 110–114To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes
- Public Law 114–322To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes
- Public Law 116–260Making consolidated appropriations for the fiscal year ending September 30, 2021, providing coronavirus emergency response and relief, and for other purposes
- Public Law 99–662To provide for the conservation and development of water and related resources and the improvement and rehabilitation of the Nation’s water resources infrastructure
- Public Law 104–303To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes
- Public Law 101–640To provide for the conservation and development of water and related resources, to authorize the United States Army Corps of Engineers civil works program to construct various projects for improvements to the Nation’s infrastructure, and for other purposes
- Public Law 115–270To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, to provide for water pollution control activities, and for other purposes
register
bill
- Sec. 118Annual report to Congress
- Sec. 115Annual report to Congress
- Sec. 118Annual report to Congress
- Sec. 116Annual report to Congress
- Sec. 6001Deauthorization of inactive projects
- Sec. 7001Annual report to Congress
- Sec. 1Clarification of scope of eligible water resources projects
- Sec. 301Deauthorization of inactive projects
- Sec. 301Deauthorization of inactive projects
- Sec. 301Deauthorization of inactive projects
- Sec. 301Deauthorization of inactive projects
- Sec. 1036Feasibility studies and watershed assessments
- Sec. 1037Feasibility studies and watershed assessments
- Sec. 1037Feasibility studies and watershed assessments
- Sec. 1301Deauthorization of inactive projects
- Sec. 1301Deauthorization of inactive projects
- Sec. 301Deauthorization of inactive projects
- Sec. 301Deauthorization of inactive projects
- Sec. 301Deauthorization of inactive projects
- Sec. 301Deauthorization of inactive projects
- Sec. 1011Feasibility studies for mitigation of storm damage
- Sec. 1011Feasibility studies for mitigation of storm damage
- Sec. 1301Deauthorization of inactive projects
- Sec. 1301Deauthorization of inactive projects
- Sec. 119Economically disadvantaged community flood protection and hurricane and storm damage reduction study pilot program
Traces to 2 documents
22 references not yet in our index
- 114 Stat. 2680–2694
- Pub. L. 99–662, title I, § 105
- 100 Stat. 4088
- Pub. L. 101–640, title III, § 301
- 104 Stat. 4633
- Pub. L. 104–303, title II, § 203(a)
- 110 Stat. 3677
- Pub. L. 106–541, title II, § 225
- 114 Stat. 2598
- Pub. L. 110–114, title II, § 2043(a)
- 121 Stat. 1101
- Pub. L. 106–541
- 114 Stat. 2572
- Pub. L. 110–114, § 2043(a)(1)
- Pub. L. 110–114, § 2043(a)(2)
- Pub. L. 110–114, § 2043(a)(3)
- Pub. L. 104–303, § 203(a)(1)
- Pub. L. 104–303, § 203(a)(2)
- Pub. L. 101–640
- Pub. L. 104–303, title II, § 203(b)
- 110 Stat. 3678
- Pub. L. 104–303, title II, § 203(c)
Citation graph
cites case law
§ 2215
Feasibility studies; planning, engineering, and design
Bills×66
Stat.×18
Stat. Comp.×13
Pub. L.×11
U.S.C.×10
Fed. Reg.×1
Stat.114 Stat. 2680–2694
Pub. L.Pub. L. 99–662, title I, § 105
Stat.100 Stat. 4088
Pub. L.Pub. L. 101–640, title III, § 301
Stat.104 Stat. 4633
Cites 24 · showing 7Cited by 119 across 6 sources