§ 2231. Study of water resources development projects by non-Federal interests

2,575 words·~12 min read·/usc/title-33/section-2231

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(a)Submission to Secretary

(1)In general A non-Federal interest may undertake and submit to the Secretary—

(A)a federally authorized feasibility study of a proposed water resources development project; or

(B)upon the determination of the Secretary that the modifications are consistent with the authorized purposes of the project, a feasibility study on modifications to a water resources development project constructed by the Corps of Engineers or constructed by a non-Federal interest pursuant to section 2232 of this title.

(2)Guidelines To assist non-Federal interests, the Secretary shall issue guidelines for the formulation of feasibility studies of water resources development projects undertaken by non-Federal interests that—

(A)provide clear, concise, and transparent guidance for the non-Federal interest to use in developing a feasibility study that complies with requirements that would apply to a feasibility study undertaken by the Secretary;

(B)provide sufficient information for the formulation of the studies, including processes and procedures related to reviews and assistance under subsection (e);

(C)provide guidance to a non-Federal interest on obtaining support from the Secretary to complete elements of a feasibility study that may be considered inherently governmental and required to be done by a Federal agency; and

(D)provide contacts for employees of the Corps of Engineers that a non-Federal interest may use to initiate coordination with the Secretary and identify at what stages coordination may be beneficial.

(3)Determination If a non-Federal interest requests to undertake a feasibility study on a modification to a constructed water resources development project under paragraph (1)(B), the Secretary shall expeditiously provide to the non-Federal interest the determination required under such paragraph with respect to whether conceptual modifications, as presented by the non-Federal interest, are consistent with the authorized purposes of the project.

(b)Review by Secretary

(1)In general The Secretary shall review each feasibility study received under subsection (a)(1) for the purpose of determining whether or not the study, and the process under which the study was developed, each comply with Federal laws and regulations applicable to feasibility studies of water resources development projects.

(2)Timing The Secretary may not submit to Congress an assessment of a feasibility study under this section until such time as the Secretary—

(A)determines that the feasibility study complies with all of the requirements that would apply to a feasibility study undertaken by the Secretary; and

(B)completes all of the Federal analyses, reviews, and compliance processes under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), that would be required with respect to the proposed project if the Secretary had undertaken the feasibility study.

(3)Initiation of review

(A)Request

(i)Submission The non-Federal interest may submit to the Secretary a request that the Secretary initiate the analyses, reviews, and compliance processes described in paragraph (2)(B) with respect to the proposed project prior to the non-Federal interest’s submission of a feasibility study under subsection (a)(1).

(ii)Effect Receipt by the Secretary of a request submitted under clause

(i)shall be considered the receipt of a proposal or application that will lead to a major Federal action that is subject to the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) that would be required if the Secretary were to undertake the feasibility study.

(B)Deadline Not later than 10 days after the Secretary receives a study submission under subsection

(a)or receives a request under subparagraph (A), the Secretary shall begin the required analyses, reviews, and compliance processes.

(C)Additional information required The Secretary shall notify a non-Federal interest if, upon initial review of a submission received under subsection

(a)or a receipt of a request under subparagraph (A), the Secretary requires additional information to perform the required analyses, reviews, and compliance processes and include in such notification a detailed description of the required information.

(4)Notification Upon receipt of a study submission under subsection

(a)or receipt of a request under paragraph (3)(A), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the submission or request and a timeline for completion of the required analyses, reviews, and compliance processes and shall notify the non-Federal interest of such timeline.

(5)Status updates Not later than 30 days after receiving a study submission under subsection

(a)or a request under paragraph (3)(A), and every 30 days thereafter until the Secretary submits an assessment under subsection

(c)for the applicable feasibility study, the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the non-Federal interest of the status of the Secretary’s required analyses, reviews, and compliance processes.

(c)Submission to Congress

(1)Review and submission of studies to Congress Not later than 180 days after the completion of review of a feasibility study under subsection (b), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an assessment that describes—

(A)the results of the Secretary’s review of the study under subsection (b), including a determination of whether the project is feasible;

(B)any recommendations the Secretary may have concerning the plan or design of the project; and

(C)any conditions the Secretary may require for construction of the project.

(2)Limitation The completion of the review by the Secretary of a feasibility study that has been submitted under subsection (a)(1) may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration.

(d)Credit

(1)In general If a project for which a feasibility study has been submitted under subsection (a)(1) is authorized by a Federal law enacted after the date of the submission to Congress under subsection (c), the Secretary shall credit toward the non-Federal share of the cost of construction of the project or modification to the project an amount equal to the portion of the cost of developing the study that would have been the responsibility of the United States if the study had been developed by the Secretary.

(2)Maximum amount Any credit provided to a non-Federal interest under this subsection may not exceed the Federal share of the cost for a feasibility study initiated by the Secretary under section 2282c(a) of this title.

(e)Review and technical assistance

(1)Review The Secretary may accept and expend funds provided by non-Federal interests to undertake reviews, inspections, certifications, and other activities that are the responsibility of the Secretary in carrying out this section.

(2)Technical assistance At the request of a non-Federal interest, the Secretary shall provide to the non-Federal interest technical assistance relating to any aspect of a feasibility study if the non-Federal interest contracts with the Secretary to pay all costs of providing such technical assistance.

(3)Limitation Funds provided by non-Federal interests under this subsection shall not be eligible for credit under subsection

(d)or reimbursement.

(4)Impartial decisionmaking In carrying out this section, the Secretary shall ensure that the use of funds accepted from a non-Federal interest will not affect the impartial decisionmaking of the Secretary, either substantively or procedurally.

(5)Savings provision The provision of technical assistance by the Secretary under paragraph (2)—

(A)shall not be considered to be an approval or endorsement of the feasibility study; and

(B)shall not affect the responsibilities of the Secretary under subsections

(b)and (c).

(f)Authorization of appropriations There is authorized to be appropriated to the Secretary $1,000,000 for each fiscal year to carry out this section.