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

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

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Stable record: federal_law:legal_authorities:record_usc_5e271eadb4c6b67c2bd7712b
Source file: Laws/federal/codes/united-states-code/title-33/section-2282e-vertical-integration-and-acceleration-of-studies--92b3a11030.md
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Source location: Title 33, Chapter 36, § 2282e; chapter-036-water-resources-development.md

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**(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 complex to comply with the requirements of subsection (a), the Secretary shall consider— (A) the type, size, location, scope, and overall cost of the project; (B) whether the project will use any innovative design or construction techniques; (C) whether the project will require significant action by other Federal, State, or local agencies; (D) whether there is significant public dispute as to the nature or effects of the project; and (E) whether there is significant public dispute as to the economic or environmental costs or benefits of the project. (3) **Notification** — Each time the Secretary makes a determination under this subsection, the Secretary shall 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 results of that determination, including an identification of the specific 1 or more factors used in making the determination that the project is complex. **(d) Reviews** Not later than 90 days after the date of the initiation of a study described in subsection (a) for a project, the Secretary shall— (1) take all steps necessary to initiate the process for completing federally mandated reviews that the Secretary is required to complete as part of the study, including the environmental review process under section 1005; (2) convene a meeting of all Federal, tribal, and State agencies identified under [section 2348(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2348/e&num=0&edition=prelim) that may be required by law to conduct or issue a review, analysis, or opinion on or to make a determination concerning a permit or license for the study; and (3) take all steps necessary to provide information that will enable required reviews and analyses related to the project to be conducted by other agencies in a thorough and timely manner. **(e) Interim report** Not later than 18 months after June 10, 2014, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that describes— (1) the status of the implementation of the planning process under this section, including the number of participating projects; (2) a review of project delivery schedules, including a description of any delays on those studies participating in the planning process under this section; and (3) any recommendations for additional authority necessary to support efforts to expedite the feasibility study process for water resource projects. **(f) Final report** Not later than 4 years after June 10, 2014, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that describes— (1) the status of the implementation of this section, including a description of each feasibility study subject to the requirements of this section; (2) the amount of time taken to complete each feasibility study; and (3) any recommendations for additional authority necessary to support efforts to expedite the feasibility study process, including an analysis of whether the limitation established by subsection (a)(2) needs to be adjusted to address the impacts of inflation.

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

33 U.S.C. § 2349 — Small water storage projects

**(a) In general** The Secretary shall carry out a program to study and construct new, or enlarge existing, small water storage projects, in partnership with a non-Federal interest. **(b) Requirements** To be eligible to participate in the program under this section, a small water storage project shall— (1) in the case of a new small water storage project, have a water storage capacity of not less than 2,000 acre-feet and not more than 30,000 acre-feet; (2) in the case of an enlargement of an existing small water storage project, be for an enlargement of not less than 1,000 acre-feet and not more than 30,000 acre-feet; (3) provide— (A) flood risk management benefits; (B) ecological benefits; or (C) water management, water conservation, or water supply; and (4) be— (A) economically justified, environmentally acceptable, and technically feasible; or (B) in the case of a project providing ecological benefits, cost-effective with respect to such benefits. **(c) Scope** In carrying out the program under this section, the Secretary shall give preference to a small water storage project located in a State with a population of less than 1,000,000. **(d) Expedited projects** For the 10-year period beginning on December 27, 2020, the Secretary shall expedite small water storage projects under this section for which applicable Federal permitting requirements have been completed. **(e) Use of data** In conducting a study under this section, to the maximum extent practicable, the Secretary shall— (1) as the Secretary determines appropriate, consider and utilize any applicable hydrologic, economic, or environmental data that is prepared for a small water storage project under State law as the documentation, or part of the documentation, required to complete St

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2349

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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).

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2348

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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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2201

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

33 U.S.C. § 2281b — Maximum cost of projects

**(a) In general** In order to insure against cost overruns, each total cost set forth with respect to a project for water resources development and conservation and related purposes authorized to be carried out by the Secretary in this Act or in a law enacted after the date of the enactment of this Act, including the Water Resources Development Act of 1988, or in an amendment made by this Act or any later law with respect to such a project shall be the maximum cost of that project, except that such maximum amount— (1) may be increased by the Secretary for modifications which do not materially alter the scope or functions of the project as authorized, but not by more than 20 percent of the total cost stated for the project in this Act, in any later law, or in an amendment made by this Act or any later law; and (2) shall be automatically increased for— (A) changes in construction costs applied to unconstructed features (including real property acquisitions, preconstruction studies, planning, engineering, and design) from the date of enactment of this Act or any later law (unless otherwise specified) as indicated by engineering and other appropriate cost indexes; and (B) additional studies, modifications, and actions (including mitigation and other environmental actions) authorized by this Act or any later law or required by changes in Federal law. **(b) Contributions by non-Federal interests** Notwithstanding subsection (a), in accordance with [section 701h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701h&num=0&edition=prelim), the Secretary may accept funds from a non-Federal interest for any authorized water resources development project that has exceeded its maximum cost under subsection (a), and use such funds t

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2281b

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

33 U.S.C. § 2282e — Post-authorization change reports

Page 775 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2282g § 2282e. Post-authorization change reports (a) In general The completion of a post-authorization change report prepared by the Corps of Engineers for a water resources development project— (1) may not be delayed as a result of consid- eration being given to changes in policy or pri- ority with respect to project consideration; and (2) shall be submitted, upon completion, to— (A) the Committee on Environment and Public Works of the Senate; and (B) the Committee on Transportation and Infrastructure of the House of Representa- tives. (b) Completion review With respect to a post-authorization change report subject to review by the Secretary, the Secretary shall, not later than 120 days after the date of completion of such report— (1) review the report; and (2) provide to Congress any recommenda- tions of the Secretary regarding modification of the applicable water resources development project. (c) Prior reports Not later than 120 days after December 16, 2016, with respect to any post-authorization change report that was completed prior to De- cember 16, 2016, and is subject to a review by the Secretary that has yet to be completed, the Sec- retary shall complete review of, and provide rec- ommendations to Congress with respect to, the report. (d) Post-authorization change report inclusions In this section, the term ‘‘post-authorization change report’’ includes— (1) a general reevaluation report; (2) a limited reevaluation report; and (3) any other report that recommends the modification of an authorized water resources development project. (Pub. L. 114–322, title I, § 1132, Dec. 16, 2016, 130 Stat. 1653.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resourc

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2282e

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