33 U.S.C. § 2281b: Corps of Engineers support for underserved communities; outreach

It is the policy of the United States for the Corps of Engineers to strive to understand and accommodate and, in coordination with non-Federal interests, seek to address the water resources development needs of all communities in the United States. section 709a of this title ; section 1962d–16 of title 42 ; and section 2269 of this title ; continuing authority programs, as such term is defined in section 2282d(c)(1)(D) of this title ; and ensuring that a potential non-Federal interest is aware of the roles, responsibilities, and financial commitments associated with a completed water resources development project prior to initiating a feasibility study (as defined in section 2215(d) of this title ), including operations, maintenance, repair, replacement, and rehabilitation responsibilities. develop and make publicly available (including on a publicly available website), technical assistance materials, guidance, and other information with respect to the water resources development authorities of the Secretary; inquiries from potential non-Federal interests relating to the water resources development authorities of the Secretary; and any other responsibilities as determined by the Secretary that are appropriate to carry out this section; conduct regular outreach and engagement, including through hosting seminars and community information sessions, with local elected officials, community organizations, and previous and potential non-Federal interests, on opportunities to address local water resources challenges through the water resources development authorities of the Secretary; issue guidance for, and provide technical assistance through technical service programs to, non-Federal interests to assist such interests in pursuing technical services and developing proposals for water resources development projects; provide, at the request of a non-Federal interest, assistance with researching and identifying existing project authorizations or authorities to address local water resources challenges; and develop and continue to make publicly available, through a publicly available existing website, information on the projects and studies within the jurisdiction of each district of the Corps of Engineers; and ensure that the information described in clause (i) is consistent and made publicly available in the same manner across all districts of the Corps of Engineers. The Secretary shall develop and issue guidance to ensure that community project advisors designated under paragraph (2)(B) are adequately fulfilling their obligations under that paragraph. In carrying out this subsection, the Secretary shall, to the maximum extent practicable, prioritize awareness, education, and outreach and engagement to economically disadvantaged communities (as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note)), including economically disadvantaged communities located in urban and rural areas. There is authorized to be appropriated to carry out this section $30,000,000 for each fiscal year. 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 ‘Tribal and Economically Disadvantaged Communities Advisory 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 delivery of water resources development projects, programs, and other assistance to Indian Tribes and economically disadvantaged communities, including economically disadvantaged communities located in urban and rural areas. 5 individuals representing organizations with expertise in environmental policy, rural water resources, economically disadvantaged communities, Tribal rights, or civil rights; and 5 individuals, each representing a non-Federal interest for a Corps of Engineers project. efficiently and effectively delivering solutions to the needs and challenges of water resources development projects for economically disadvantaged communities and Indian Tribes; integrating consideration of economically disadvantaged communities and Indian Tribes, where applicable, in the development of water resources development projects and programs of the Corps of Engineers; and improving the capability and capacity of the workforce of the Corps of Engineers to assist economically disadvantaged communities and Indian Tribes. 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 (3), 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.). The term ‘Committee’ means the Tribal and Economically Disadvantaged Communities Advisory Committee established under subsection (a). The term ‘economically disadvantaged community’ has the meaning given the term as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 [div. AA of Pub. L. 116–260 ] ( 33 U.S.C. 2201 note). The term ‘Indian Tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ).”