Federal · Title 33 — Navigation and Navigable Waters

33 U.S.C. § 2282d: Report to Congress on authorized studies and projects

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ongoing or new feasibility studies, authorized within the previous 20 years, for which a Report of the Chief of Engineers has not been issued; authorized feasibility studies for projects in the preconstruction, engineering and design phase; ongoing or new water resources development projects authorized for construction within the previous 20 years; and authorized and constructed water resources development projects the Secretary has the responsibility to operate or maintain. that has been authorized by Congress to be carried out by the Secretary and does not require any additional congressional authorization to be carried out; that the Secretary has the capability to carry out if funds are appropriated for such study or project under any of the “Investigations”, “Construction”, “Operation and Maintenance”, or “Mississippi River and Tributaries” appropriations accounts for the Corps of Engineers; and in the case of a study or a project other than a project for which funds may be appropriated for operation and maintenance, has entered into a feasibility cost-sharing agreement, design agreement, or project partnership agreement with the Corps of Engineers, or has informed the Secretary that the non-Federal interest has the financial capability to enter into such an agreement within 1 year; and demonstrates the legal and financial capability to satisfy the requirements for local cooperation with respect to the study or project. The Secretary shall, to the maximum extent practicable, describe in each report submitted under this section the benefits, as described in clause (ii), of each feasibility study and water resources development project included in the report. 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. the name of the associated non-Federal interest, including the name of any non-Federal interest that has contributed, or is expected to contribute, a non-Federal share of the cost of the study or project; the purpose of the study or project; the 3 fiscal years following the fiscal year in which the report is submitted, in the case of a feasibility study; and the 5 fiscal years following the fiscal year in which the report is submitted, in the case of a water resources development project; and an estimate, to the extent practicable, of the monetary and nonmonetary benefits of the study or project. The Secretary shall include in each report submitted under this section a certification stating that each feasibility study or water resources development project included in the report meets the criteria described in paragraph (1)(A). The Secretary shall not omit from a report submitted under this section a study or project that otherwise meets the criteria for inclusion in the report solely on the basis of a policy of the Secretary. If the Secretary omits from a report submitted under this section a study or project that otherwise meets the criteria for inclusion in the report, the Secretary shall include with the report an appendix that lists the name of the study or project and reason for its omission. The Secretary may submit a report under this section in conjunction with the submission of the annual report under section 2282d of this title . On submission of each report under this section, the Secretary shall make the report publicly available, including through publication on the internet. 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 separable element of a project, a project under an environmental infrastructure assistance program, and a project the authorized purposes of which include water supply.

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