§ 2282. Feasibility reports

3,471 words·~16 min read·/usc/title-33/section-2282

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Preparation of reports

(1)In general In the case of any water resources project-related study authorized to be undertaken by the Secretary that results in recommendations concerning a project or the operation of a project and that requires specific authorization by Congress in law or otherwise, the Secretary shall prepare a feasibility report, subject to section 2215 of this title.

(2)Contents of feasibility reports A feasibility report shall describe, with reasonable certainty, the economic, environmental, and social benefits and detriments of the recommended plan and alternative plans considered by the Secretary and the engineering features (including hydrologic and geologic information), the public acceptability, and the purposes, scope, and scale of the recommended plan. A feasibility report shall also include the views of other Federal agencies and non-Federal agencies with regard to the recommended plan, a description of a nonstructural alternative to the recommended plan when such plan does not have significant nonstructural features, and a description of the Federal and non-Federal participation in such plan, and shall demonstrate that States, other non-Federal interests, and Federal agencies have been consulted in the development of the recommended plan. A feasibility report shall include a preliminary analysis of the Federal interest and the costs, benefits, and environmental impacts of the project.

(3)Applicability This subsection shall not apply to—

(A)any study with respect to which a report has been submitted to Congress before November 17, 1986;

(B)any study for a project, which project is authorized for construction by this Act and is not subject to section 903(b); 1

(C)any study for a project which does not require specific authorization by Congress in law or otherwise; and

(D)general studies not intended to lead to recommendation of a specific water resources project.

(4)Feasibility report defined In this subsection, the term “feasibility report” means each feasibility report, and any associated environmental impact statement and mitigation plan, prepared by the Corps of Engineers for a water resources project. The term includes 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.

(b)Federal interest determination

(1)In general

(A)Identification As part of the submission of a work plan to Congress pursuant to the joint explanatory statement for an annual appropriations Act or as part of the submission of a spend plan to Congress for a supplemental appropriations Act under which the Corps of Engineers receives funding, the Secretary shall identify the studies in the plan—

(i)for which the Secretary plans to prepare a feasibility report under subsection

(a)that will benefit—

(I)an economically disadvantaged community (as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note)); or

(II)a community other than a community described in subclause (I); and

(ii)that are designated as a new start under the work plan.

(B)Determination

(i)In general After identifying the studies under subparagraph

(A)and subject to subparagraph (C), the Secretary shall, with the consent of the applicable non-Federal interest for the study, first determine the Federal interest in carrying out the study and the projects that may be proposed in the study.

(ii)Feasibility cost share agreement The Secretary may make a determination under clause

(i)prior to the execution of a feasibility cost share agreement between the Secretary and the non-Federal interest.

(C)Limitation For each fiscal year, the Secretary may not make a determination under subparagraph

(B)for more than 20 studies identified under subparagraph (A)(i)(II).

(D)Application

(i)In general Subject to clause

(ii)and with the consent of the non-Federal interest, the Secretary may use the authority provided under this subsection for a study in a work plan submitted to Congress prior to January 4, 2025, if the study otherwise meets the requirements described in subparagraph (A).

(ii)Limitation Subparagraph

(C)shall apply to the use of authority under clause (i).

(2)Cost share The costs of a determination under paragraph (1)—

(A)shall be at Federal expense;

(B)shall not exceed $300,000; and

(C)shall be paid from the funding provided for the study in the applicable work plan described in that paragraph.

(3)Deadline A determination under paragraph

(1)shall be completed by not later than 120 days after the date on which funds are made available to the Secretary to carry out the determination.

(4)Treatment The cost of a determination under paragraph

(1)shall not be included for purposes of the maximum total cost under section 2282c(a)(2) of this title.

(5)Report to non-Federal interest If, based on a determination under paragraph (1), the Secretary determines that a study or project is not in the Federal interest because the project will not result, or is unlikely to result, in a recommended plan that will produce national economic development benefits greater than cost, but may result in a technically sound and environmentally acceptable plan that is otherwise consistent with section 2281 of this title, the Secretary shall issue a report to the non-Federal interest with recommendations on how the non-Federal interest might modify the proposal such that the project could be in the Federal interest and feasible.

(6)Post-determination work A study under this section shall continue after a determination under paragraph (1)(B)(i) without a new investment decision.

(c)Projects not specifically authorized by Congress In the case of any water resources project-related study authorized to be undertaken by the Secretary without specific authorization by Congress in law or otherwise, the Secretary shall prepare a detailed project report.

(d)Indian tribes For purposes of studies undertaken pursuant to this section, the Secretary is authorized to consider benefits which may accrue to Indian tribes as a result of a project resulting from such a study.

(e)Standard and uniform procedures and practices The Secretary shall undertake such measures as are necessary to ensure that standard and uniform procedures and practices are followed by each district office (and each division office for any area in which there is no district office) of the United States Army Corps of Engineers in the preparation of feasibility reports on water resources projects.

(f)Enhanced public participation

(1)In general The Secretary shall establish procedures to enhance public participation in the development of each feasibility study under subsection (a), including, if appropriate, establishment of a stakeholder advisory group to assist the Secretary with the development of the study.

(2)Membership If the Secretary provides for the establishment of a stakeholder advisory group under this subsection, the membership of the advisory group shall include balanced representation of social, economic, and environmental interest groups, and such members shall serve on a voluntary, uncompensated basis.

(3)Limitation Procedures established under this subsection shall not delay development of any feasibility study under subsection (a).

(g)Detailed project schedule

(1)In general Not later than 180 days after June 10, 2014, the Secretary shall determine a set of milestones needed for the completion of a feasibility study under this subsection, including all major actions, report submissions and responses, reviews, and comment periods.

(2)Detailed project schedule milestones Each District Engineer shall, to the maximum extent practicable, establish a detailed project schedule, based on full funding capability, that lists all deadlines for milestones relating to feasibility studies in the District developed by the Secretary under paragraph (1).

(3)Non-Federal interest notification Each District Engineer shall submit by certified mail the detailed project schedule under paragraph

(2)to each relevant non-Federal interest—

(A)for projects that have received funding from the General Investigations Account of the Corps of Engineers in the period beginning on October 1, 2009, and ending on June 10, 2014, not later than 180 days after the establishment of milestones under paragraph (1); and

(B)for projects for which a feasibility cost-sharing agreement is executed after the establishment of milestones under paragraph (1), not later than 90 days after the date on which the agreement is executed.

(4)Congressional and public notification Beginning in the first full fiscal year after June 10, 2014, the Secretary shall—

(A)submit an annual report that lists all detailed project schedules under paragraph

(2)and an explanation of any missed deadlines to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and

(B)make publicly available, including on the Internet, a copy of the annual report described in subparagraph

(A)not later than 14 days after date 2 on which a report is submitted to Congress.

(5)Failure to act If a District Engineer fails to meet any of the deadlines in the project schedule under paragraph (2), the District Engineer shall—

(A)not later than 30 days after each missed deadline, submit to the non-Federal interest a report detailing—

(i)why the District Engineer failed to meet the deadline; and

(ii)a revised project schedule reflecting amended deadlines for the feasibility study; and

(B)not later than 30 days after each missed deadline, make publicly available, including on the Internet, a copy of the amended project schedule described in subparagraph (A)(ii).

(Pub. L. 99–662, title IX, § 905, Nov. 17, 1986, 100 Stat. 4185; Pub. L. 106–541, title II, § 222(a), Dec. 11, 2000, 114 Stat. 2597; Pub. L. 110–114, title II, § 2043(b), Nov. 8, 2007, 121 Stat. 1101; Pub. L. 113–121, title I, § 1002(a)–(c), June 10, 2014, 128 Stat. 1198; Pub. L. 116–260, div. AA, title I, § 117, Dec. 27, 2020, 134 Stat. 2628; Pub. L. 117–263, div. H, title LXXXI, § 8156, Dec. 23, 2022, 136 Stat. 3738; Pub. L. 118–272, div. A, title I, § 1142, Jan. 4, 2025, 138 Stat. 3033.)

Connections221 cite this · traces to 16

Cited by 221 sections · top 60

public-private-law