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33 U.S.C. § 2348 — Determination of project completion

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2348 — Determination of project completion

**(a) In general** The Secretary shall notify the applicable non-Federal interest when construction of a water resources project or a functional portion of the project is completed so the non-Federal interest may commence responsibilities, as applicable, for operating and maintaining the project. **(b) Non-Federal interest appeal of determination** (1) **In general** — Not later than 7 days after receiving a notification under subsection (a), the non-Federal interest may appeal the completion determination of the Secretary in writing with a detailed explanation of the basis for questioning the completeness of the project or functional portion of the project. (2) **Independent review** (A) *In general* — On notification that a non-Federal interest has submitted an appeal under paragraph (1), the Secretary shall contract with 1 or more independent, non-Federal experts to evaluate whether the applicable water resources project or functional portion of the project is complete. (B) *Timeline* — An independent review carried out under subparagraph (A) shall be completed not later than 180 days after the date on which the Secretary receives an appeal from a non-Federal interest under paragraph (1).

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Source location: Title 33, Chapter 36, § 2348; chapter-036-water-resources-development.md

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2201 — Prior project authorization

In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2282e — Vertical integration and acceleration of studies

**(a) In general** To the extent practicable, a feasibility study initiated by the Secretary, after June 10, 2014, under [section 2282(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2282/a&num=0&edition=prelim) shall— (1) result in the completion of a final feasibility report not later than 4 years after the date on which the Secretary determines the Federal interest for purposes of the report pursuant to [section 2282(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2282/b&num=0&edition=prelim); (2) have a maximum total cost of $5,000,000; and (3) ensure that personnel from the district, division, and headquarters levels of the Corps of Engineers concurrently conduct the review required under that section. **(b) Extension** If the Secretary determines that a feasibility study described in subsection (a) will not be conducted in accordance with subsection (a), the Secretary, not later than 30 days after the date of making the determination, shall— (1) prepare an updated feasibility study schedule and cost estimate; (2) notify the non-Federal feasibility cost-sharing partner that the feasibility study has been delayed; and (3) provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives as to the reasons the requirements of subsection (a) are not attainable. **(c) Exception** (1) **In general** — The Secretary may extend the timeline of a study by a period not to exceed 3 years, if the Secretary determines that the feasibility study is too complex to comply with the requirements of subsection (a). (2) **Factors** — In making a determination that a study is too

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2282e

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2351a — Categorical exclusions in emergencies

For the repair, reconstruction, or rehabilitation of a water resources project that is in operation or under construction when damaged by an event or incident that results in a declaration by the President of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5121&num=0&edition=prelim) et seq.), the Secretary shall treat such repair, reconstruction, or rehabilitation activity as a class of action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations (or successor regulations), if the repair or reconstruction activity is— (1) in the same location with the same capacity, dimensions, and design as the original water resources project as before the declaration described in this section; 11 See References in Text note below. and (2) commenced within a 2-year period beginning on the date of a declaration described in this section.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4370m–1 — Definitions

In this subchapter: (1) **Agency** — The term “agency” has the meaning given the term in [section 551 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim). (2) **Agency CERPO** — The term “agency CERPO” means the chief environmental review and permitting officer of an agency, as designated by the head of the agency under [section 4370m–1(b)(2)(A)(iii)(I) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4370m–1/b/2/A/iii/I&num=0&edition=prelim). (3) **Authorization** — The term “authorization” means any license, permit, approval, finding, determination, or other administrative decision issued by an agency and any interagency consultation that is required or authorized under Federal law in order to site, construct, reconstruct, or commence operations of a covered project administered by a Federal agency or, in the case of a State that chooses to participate in the environmental review and authorization process in accordance with [section 4370m–2(c)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4370m–2/c/3/A&num=0&edition=prelim), a State agency. (4) **Cooperating agency** — The term “cooperating agency” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or successor regulations). (5) **Council** — The term “Council” means the Federal Permitting Improvement Steering Council established under [section 4370m–1(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4370m–1/a&num=0&edition=prelim). (6) **Covered project** (A) *In general* — The term “covered project” means any activity in the United States that requires authorization or env

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4370m–1

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4370m–3 — Permitting process improvement

**(a) Project initiation and designation of participating agencies** (1) **Notice** (A) *In general* — A project sponsor of a covered project shall submit to the Executive Director and the facilitating agency notice of the initiation of a proposed covered project. (B) *Default designation* — If, at the time of submission of the notice under subparagraph (A), the Executive Director has not designated a facilitating agency under [section 4370m–1(c)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4370m–1/c/1/B&num=0&edition=prelim) for the categories of projects noticed, the agency that receives the notice under subparagraph (A) shall be designated as the facilitating agency. (C) *Contents* — Each notice described in subparagraph (A) shall include— (i) a statement of the purposes and objectives of the proposed project; (ii) a concise description, including the general location of the proposed project and a summary of geospatial information, if available, illustrating the project area and the locations, if any, of environmental, cultural, and historic resources; (iii) a statement regarding the technical and financial ability of the project sponsor to construct the proposed project; (iv) a statement of any Federal financing, environmental reviews, and authorizations anticipated to be required to complete the proposed project; and (v) an assessment that the proposed project meets the definition of a covered project under [section 4370m of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4370m&num=0&edition=prelim) and a statement of reasons supporting the assessment. (D) *Confidentiality* — Any information relating to Native American natural, cultural,

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4370m–3

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2348 — Project acceleration

Page 853 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2348 (A) 100 percent for costs not to exceed $100,000; and (B) 50 percent for any costs above $100,000. (2) Construction A small water storage project carried out under this section shall be subject to the cost- sharing requirements applicable to projects under section 2213 of this title, including— (A) municipal and industrial water supply: 100 percent non-Federal; (B) agricultural water supply: 35 percent non-Federal; and (C) recreation, including recreational navi- gation: 50 percent of separable costs and, in the case of any harbor or inland harbor or channel project, 50 percent of joint and sepa- rable costs allocated to recreational naviga- tion. (g) OMRRR responsibility The costs of operation, maintenance, repair, and replacement and rehabilitation for a small water storage project constructed under this section shall be the responsibility of the non- Federal interest. (h) Individual project limit Not more than $65,000,000 in Federal funds may be made available to a small water storage project under this section. (i) Authorization of appropriations There is authorized to be appropriated to carry out this section $130,000,000 annually through fiscal year 2030. (Pub. L. 116–260, div. AA, title I, § 155, Dec. 27, 2020, 134 Stat. 2660.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title. § 2348. Project acceleration (a) Definitions In

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2348

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