33 U.S.C. § 2282d: Annual report to Congress

Each feasibility report that meets the criteria established in subsection (c)(1)(A). Any proposed feasibility study submitted to the Secretary by a non-Federal interest pursuant to subsection (b) that meets the criteria established in subsection (c)(1)(A). is submitted to the Secretary by a non-Federal interest pursuant to subsection (b); or is identified by the Secretary for authorization. Any programmatic modification for an environmental infrastructure assistance program. Not later than May 1 of each year, the Secretary shall publish in the Federal Register a notice requesting proposals from non-Federal interests for proposed feasibility studies, proposed modifications to authorized water resources development projects and feasibility studies, and proposed modifications for an environmental infrastructure program to be included in the annual report. The Secretary shall include in each notice required by this subsection a requirement that non-Federal interests submit to the Secretary any proposals described in paragraph (1) by not later than 120 days after the date of publication of the notice in the Federal Register in order for the proposals to be considered for inclusion in the annual report. make the notice publicly available, including on the Internet; and provide written notification of the publication to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. are related to the missions and authorities of the Corps of Engineers; require specific congressional authorization, including by an Act of Congress; have not been congressionally authorized; have not been included in any previous annual report; and if authorized, could be carried out by the Corps of Engineers. The Secretary shall describe in the annual report, to the extent applicable and practicable, for each proposed feasibility study and proposed modification to an authorized water resources development project or feasibility study included in the annual report, the benefits, as described in clause (ii), of each such study or proposed modification (including the water resources development project that is the subject of the proposed feasibility study or the proposed modification to an authorized feasibility study). the protection of human life and property; improvement to transportation; the national, regional, or local economy; the environment; or the national security interests of the United States. for each proposed feasibility study included in the annual report, the non-Federal interest that submitted the proposed feasibility study pursuant to subsection (b); and that local support exists for the proposed feasibility study or proposed modification to an authorized water resources development project or feasibility study (including the water resources development project that is the subject of the proposed feasibility study or the proposed modification to an authorized feasibility study); and the financial ability to provide the required non-Federal cost share. With respect to a project being carried out pursuant to a continuing authority program for which a proposed modification is necessary because the project is projected to exceed, in the coming fiscal year, the maximum Federal cost of the project, the Secretary shall include a proposed modification in the annual report if the proposed modification will result in completion of construction the 1 project and the justification for the modification is not the result of a change in the scope of the project. 1 So in original. Probably should be preceded by “of”. a justification of why the modification is necessary; an estimate of the total cost and timeline required to complete construction of the project; and an indication of continued support by the non-Federal interest and the financial ability of the non-Federal interest to provide the required cost-share. section 701r of this title ; section 426g of this title ; section 577 of this title ; section 426i of this title ; section 2326 of this title ; section 701s of this title ; section 2330 of this title ; section 701g of this title ; section 2309a of this title ; and section 2289b of this title . the feasibility report; the proposed feasibility study; the authorized feasibility study for which the modification is proposed; or the feasibility report; the proposed feasibility study; or the authorized feasibility study for which a modification is proposed; or the proposed modification to an authorized water resources development project; a letter or statement of support for the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study from each associated non-Federal interest; the purpose of the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study; the proposed modification to an authorized feasibility study; and the feasibility report; or the authorized feasibility study for which a modification is proposed, with respect to the change in costs resulting from such modification; or the proposed modification to an authorized water resources development project; and the feasibility report; or the authorized feasibility study for which a modification is proposed, with respect to the benefits of such modification; or the proposed modification to an authorized water resources development project. The Secretary shall include in the annual report a certification stating that each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study included in the annual report meets the criteria established in paragraph (1)(A). The Secretary shall include in the annual report an appendix listing the proposals submitted under subsection (b) that were not included in the annual report under paragraph (1)(A) and a description of why the Secretary determined that those proposals did not meet the criteria for inclusion under such paragraph. the Secretary shall not include proposals in the appendix of the annual report that otherwise meet the criteria for inclusion in the annual report solely on the basis of the Secretary’s determination that the proposal requires legislative changes to an authorized water resources development project, feasibility study, or environmental infrastructure program; the Secretary shall not include proposals in the appendix of the annual report that otherwise meet the criteria for inclusion in the annual report solely on the basis that the proposals are for the purposes of navigation, flood risk management, ecosystem restoration, or municipal or agricultural water supply; and the Secretary shall not include proposals in the appendix of the annual report that otherwise meet the criteria for inclusion in the annual report solely on the basis of a policy of the Secretary. The Secretary shall include in the annual report only proposed modifications for an environmental infrastructure assistance program that have not been included in any previous annual report. For each proposed modification, the Secretary shall include a letter or statement of support for the proposed modification from each associated non-Federal interest, description of assistance provided, and total Federal cost of assistance provided. not later than 60 days after June 10, 2014 , publish in the Federal Register a notice required by subsection (b)(1); and include in such notice a requirement that non-Federal interests submit to the Secretary any proposals described in subsection (b)(1) by not later than 120 days after the date of publication of such notice in the Federal Register in order for such proposals to be considered for inclusion in the first annual report developed by the Secretary under this section. Upon submission of an annual report to Congress, the Secretary shall make the annual report publicly available, including through publication on the Internet. After the publication of the annual report under subsection (f), if the proposal of a non-Federal interest submitted under subsection (b) was included by the Secretary in the appendix under subsection (c)(4), the Secretary shall provide written notification to the non-Federal interest of such inclusion. Not later than 30 days after the publication of the annual report under subsection (f), for each proposal included in that annual report or appendix, the Secretary shall notify each Member of Congress that represents the State in which that proposal will be located that the proposal was included the annual report or the appendix. The term “annual report” means a report required by subsection (a). The term “feasibility report” means a final feasibility report developed under section 2282 of this title . a report described in section 2215(d)(2) of this title ; and where applicable, any associated report of the Chief of Engineers. The term “feasibility study” has the meaning given that term in section 2215 of this title . The term “non-Federal interest” has the meaning given that term in section 1962d–5b of title 42 . The term “water resources development project” includes a project under an environmental infrastructure assistance program. Congress plays a central role in identifying, prioritizing, and authorizing vital water resources infrastructure activities throughout the United States. The Water Resources Reform and Development Act of 2014 ( Public Law 113–121 ) established a new and transparent process to review and prioritize the water resources development activities of the Corps of Engineers with strong congressional oversight. publish a notice in the Federal Register that requests from non-Federal interests proposed feasibility studies and proposed modifications to authorized water resources development projects and feasibility studies for inclusion in the report; and review the proposals submitted and include in the report those proposed feasibility studies and proposed modifications that meet the criteria for inclusion established under such section 7001. Congress will use the information provided in the annual Report to Congress on Future Water Resources Development to determine authorization needs and priorities for purposes of water resources development legislation. To ensure that Congress can gain a thorough understanding of the water resources development needs and priorities of the United States, it is important that the Secretary take sufficient steps to ensure that non-Federal interests are made aware of the new annual report process, including the need for non-Federal interests to submit proposals during the Secretary’s annual request for proposals in order for such proposals to be eligible for consideration by Congress. develop and disseminate technical assistance materials, seminars, and guidance on the annual process as it relates to non-Federal interests; provide written notice to local elected officials and previous and potential non-Federal interests on the annual process and on opportunities to address local water resources challenges through the missions and authorities of the Corps of Engineers; issue guidance for non-Federal interests to assist such interests in developing proposals for water resources development projects that satisfy the requirements of such section 7001; and provide, at the request of a non-Federal interest, assistance with researching and identifying existing project authorizations and Corps of Engineers decision documents. Not less frequently than annually, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written update on the progress of the implementation of paragraph (1), including a description of each education and outreach action the Secretary is taking to implement that paragraph. issue guidance on the uniform implementation by each district of the Corps of Engineers of the process for submitting proposals under section 7001 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282d ); and each year, ensure compliance with the guidance issued under subparagraph (A).”