33 U.S.C. § 2202: Non-Federal engagement and review

The Secretary shall expeditiously issue guidance to implement each covered provision of law in accordance with this section. informs potentially interested non-Federal stakeholders of the Secretary’s intent to develop and issue such guidance; and provides an opportunity for interested non-Federal stakeholders to engage with, and provide input and recommendations to, the Secretary on the development and issuance of such guidance. The Secretary shall issue the notice under paragraph (1) through a posting on a publicly accessible website dedicated to providing notice on the development and issuance of implementation guidance for a covered water resources development law. The Secretary shall allow a minimum of 60 days after issuance of the public notice under subsection (b) for non-Federal stakeholders to provide input and recommendations to the Secretary, prior to finalizing implementation guidance for a covered water resources development law. The Secretary may, as appropriate (as determined by the Secretary), reach out to non-Federal stakeholders and circulate drafts of implementation guidance for a covered water resources development law for informal input and recommendations. The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a copy of all input and recommendations received pursuant to subsection (c) and a description of any consideration of such input and recommendations. When developing implementation guidance for a covered water resources development law, the Secretary shall take into consideration the input and recommendations received from non-Federal stakeholders, and make the final guidance available to the public on the publicly accessible website described in subsection (b)(2). the Secretary determines guidance is necessary in order to implement the provision; and no such guidance has been issued as of October 23, 2018 . the Water Resources Reform and Development Act of 2014; the Water Resources Development Act of 2016; this Act; and any Federal water resources development law enacted after October 23, 2018 . Not later than 90 days after the date of enactment of this Act [ Dec. 23, 2022 ], the Secretary [of the Army] shall establish a committee, to be known as the ‘Non-Federal Interest Advisory Committee’ and referred to in this section as the ‘Committee’, to develop and make recommendations to the Secretary and the Chief of Engineers on activities and actions that should be undertaken by the Corps of Engineers to ensure more effective and efficient delivery of water resources development projects, programs, and other assistance. be appointed by the Secretary; and have the requisite experiential or technical knowledge needed to address issues related to water resources needs and challenges. A non-Federal interest for a project for navigation for an inland harbor. A non-Federal interest for a project for navigation for a harbor. A non-Federal interest for a project for flood risk management. A non-Federal interest for a project for coastal storm risk management. A non-Federal interest for a project for aquatic ecosystem restoration. A non-Federal stakeholder with respect to inland waterborne transportation. A non-Federal stakeholder with respect to water supply. A non-Federal stakeholder with respect to recreation. A non-Federal stakeholder with respect to hydropower. A non-Federal stakeholder with respect to emergency preparedness, including coastal protection. An organization with expertise in conservation. An organization with expertise in environmental policy. An organization with expertise in rural water resources. efficiently and effectively delivering water resources development projects; improving the capability and capacity of the workforce of the Corps of Engineers to deliver such projects and other assistance; improving the capacity and effectiveness of Corps of Engineers consultation and liaison roles in communicating water resources needs and solutions, including regionally specific recommendations; and strengthening partnerships with non-Federal interests to advance water resources solutions. The Committee shall meet as appropriate to develop and make recommendations under paragraph (1). included in a report submitted to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and made publicly available, including on a publicly available website. Any recommendation made by the Committee to the Secretary and the Chief of Engineers under subsection (c)(1) shall reflect the independent judgment of the Committee. Except as provided in paragraph (2), the members of the Committee shall serve without compensation. The members of the Committee shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. The members of the Committee shall not be considered to be Federal employees, and the meetings and reports of the Committee shall not be considered a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.).”