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33 U.S.C. § 2282 — Corps of Engineers support for underserved communities; outreach

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

33 U.S.C. § 2282 — Corps of Engineers support for underserved communities; outreach

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Stable record: federal_law:legal_authorities:record_usc_66b649cc32d9a5a45640d11c
Source file: Laws/federal/codes/united-states-code/title-33/section-2282-corps-of-engineers-support-for-underserved-communities-outreach--72b197fd71.md
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Source location: Title 33, Chapter 36, § 2282; chapter-036-water-resources-development.md

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**(a) In general** 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. **(b) Outreach and access** (1) **In general** — The Secretary shall, at Federal expense, develop, support, and implement public awareness, education, and regular outreach and engagement efforts for potential non-Federal interests with respect to the water resources development authorities of the Secretary, with particular emphasis on— (A) technical service programs, including the authorities under— (i) [section 709a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section709a&num=0&edition=prelim); (ii) [section 1962d–16 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962d–16&num=0&edition=prelim); and (iii) [section 2269 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2269&num=0&edition=prelim); (B) continuing authority programs, as such term is defined in [section 2282d(c)(1)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2282d/c/1/D&num=0&edition=prelim); and (C) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2215/d&num=0&edition=prelim)), including operations, maintenance, repair, replacement, and rehabilitation responsibilities. (2) **Implementation** — In carrying out this subsection, the Secretary shall— (A) 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; (B) designate and make publicly available a community project advisor at each district and division office of the Corps of Engineers for— (i) inquiries from potential non-Federal interests relating to the water resources development authorities of the Secretary; and (ii) any other responsibilities as determined by the Secretary that are appropriate to carry out this section; (C) 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; (D) 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; (E) 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 (F) to the maximum extent practicable— (i) 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 (ii) 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. (3) **Guidance** — 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. (4) **Prioritization** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2201&num=0&edition=prelim) note)), including economically disadvantaged communities located in urban and rural areas. (5) **Authorization of appropriations** — There is authorized to be appropriated to carry out this section $30,000,000 for each fiscal year.

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

33 U.S.C. § 709a — Information on floods and flood damage

**(a) Compilation and dissemination** (1) **In general** — In recognition of the increasing use and development of the flood plains of the rivers of the United States and of the need for information on flood hazards to serve as a guide to such development, and as a basis for avoiding future flood hazards by regulation of use by States and political subdivisions thereof, and to assure that Federal departments and agencies may take proper cognizance of flood hazards, the Secretary of the Army, through the Chief of Engineers, is hereby authorized to compile and disseminate information on floods and flood damages, including identification of areas subject to inundation by floods of various magnitudes and frequencies, identification of areas subject to floods due to accumulated snags and other debris, and general criteria for guidance of Federal and non-Federal interests and agencies in the use of flood plain areas; and to provide advice to other Federal agencies and local interests for their use in planning to ameliorate the flood hazard, to avoid repetitive flooding impacts, to anticipate, prepare, and adapt to changing climatic conditions and extreme weather events, and to withstand, respond to, and recover rapidly from disruption due to the flood hazards. (2) **Surveys and guides** — Surveys and guides will be made for States and political subdivisions thereof only upon the request of a State or a political subdivision thereof, and upon approval by the Chief of Engineers, and such information and advice provided them only upon such request and approval. (3) **Identification of assistance** (A) *In general* — To the maximum extent practicable, in providing assistance under this subsection, the Secretary shall identify and communicate to States and non-Federal intere

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 709a

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

33 U.S.C. § 2269 — Watershed and river basin assessments

**(a) In general** The Secretary may assess the water resources needs of river basins and watersheds of the United States, including needs relating to— (1) ecosystem protection and restoration; (2) flood damage reduction; (3) navigation and ports; (4) watershed protection; (5) water supply; (6) drought preparedness; (7) sea level rise; (8) coastal storm damage reduction; and (9) streambank and shoreline protection. **(b) Cooperation** An assessment under subsection (a) shall be carried out in cooperation and coordination with— (1) the Secretary of the Interior; (2) the Secretary of Agriculture; (3) the Secretary of Commerce; (4) the Administrator of the Environmental Protection Agency; and (5) the heads of other appropriate agencies. **(c) Consultation** In carrying out an assessment under subsection (a), the Secretary shall consult with Federal, tribal, State, interstate, and local governmental entities. **(d) Priority river basins and watersheds** In selecting river basins and watersheds for assessment under this section, the Secretary shall give priority to— (1) the Delaware River basin; (2) the Kentucky River basin; (3) the Potomac River basin; (4) the Susquehanna River basin; (5) the Willamette River basin; (6) Tuscarawas River Basin, Ohio; (7) Sauk River Basin, Snohomish and Skagit Counties, Washington; (8) Niagara River Basin, New York; (9) Genesee River Basin, New York; (10) White River Basin, Arkansas and Missouri; (11) New York-New Jersey Watershed Basin, which encompasses all the watersheds that flow into the New York-New Jersey Harbor and their associated estuaries, including the Hudson, Mohawk, Raritan, Passaic, Hackensack, and Bronx River Watersheds and the Hudson River Estuary; (12) Mississippi River Watershed; (13) Chattahoo

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2269

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

42 U.S.C. § 4321 — Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294

### Statutory Notes Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.

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

25 U.S.C. § 5304 — Authorization of appropriations

**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter. **(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5304

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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

42 U.S.C. § 1962d–16 — Potomac River water diversion structure

**(a) Consent of Congress for construction; written agreement providing schedule for allocation among parties for withdrawal of waters** (1) Subject to paragraph (2) of this subsection, the consent of Congress is granted under [section 401 of title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section401&num=0&edition=prelim) to the Washington Suburban Sanitary Commission to construct a water diversion structure, with an elevation not to exceed one hundred and fifty-nine feet above sea level, from the north shore of the Potomac River at the Washington Suburban Sanitary Commission water filtration plant to the north shore of Watkins Island. (2) The structure authorized by paragraph (1) of this subsection, may not be constructed until the Secretary of the Army, acting through the Chief of Engineers, and the State of Maryland, the Commonwealth of Virginia, the Washington Suburban Sanitary Commission, and such other governmental authorities as the Secretary of the Army, the State of Maryland, and the Commonwealth of Virginia deem desirable signatories enter into a written agreement providing an enforceable schedule for allocation among the parties to such agreement for the withdrawal of the waters of that portion of the Potomac River located between Little Falls Dam and the farthest upstream limit of the pool of water behind the Chesapeake and Ohio Canal Company rubble dam at Seneca, Maryland, during periods of low flow of such portion of such river. **(b) Authorization of Secretary of the Army to enter written agreement; amendments or revisions** The Secretary of the Army, acting through the Chief of Engineers, is authorized to enter into the agreement referred to in subsection (a)(2) of this section and any amendment to or revision of such ag

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1962d–16

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

33 U.S.C. § 2218 — Feasibility studies; planning, engineering, and design

**(a) Feasibility studies** (1) **Cost sharing** (A) *In general* — The Secretary shall not initiate any feasibility study for a water resources project after November 17, 1986, until appropriate non-Federal interests agree, by contract, to contribute 50 percent of the cost of the study. (B) *Payment of cost share during period of study* — During the period of the study, the non-Federal share of the cost of the study payable under subparagraph (A) shall be 50 percent of the sum of— (i) the cost estimate for the study as contained in the feasibility cost-sharing agreement; and (ii) any excess of the cost of the study over the cost estimate if the excess results from— (I) a change in Federal law; or (II) a change in the scope of the study requested by the non-Federal interests. (C) *Payment of cost share on authorization of project or termination of study* (i) *Project timely authorized* — Except as otherwise agreed to by the Secretary and the non-Federal interests and subject to clause (ii), the non-Federal share of any excess of the cost of the study over the cost estimate (excluding any excess cost described in subparagraph (B)(ii)) shall be payable on the date on which the Secretary and the non-Federal interests enter into an agreement pursuant to section 2211(e) or 2213(j) of this title with respect to the project. (ii) *Project not timely authorized* — If the project that is the subject of the study is not authorized by the date that is 5 years after the completion of the final report of the Chief of Engineers concerning the study or the date that is 2 years after the termination of the study, the non-Federal share of any excess of the cost of the study over the cost estimate (excluding any excess cost described in subpara

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2218

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

33 U.S.C. § 2255 — Project delivery process reforms

**(a) Requirements for qualifying projects** With respect to each qualifying project, the Secretary shall require— (1) for each project manager, that— (A) the project manager have formal project management training and certification; and (B) the project manager be assigned from among personnel certified by the Chief of Engineers; and (2) for an applicable cost estimation, that— (A) the Secretary utilize a risk-based cost estimate with a confidence level of at least 80 percent; and (B) the cost estimate be developed— (i) for a qualifying project that requires an increase in the authorized amount in accordance with [section 2280 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2280&num=0&edition=prelim), during the preparation of a post-authorization change report or other similar decision document; (ii) for a qualifying project for which the first construction contract has not been awarded, prior to the award of the first construction contract; (iii) for a qualifying project without a completed feasibility report in accordance with [section 2282 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2282&num=0&edition=prelim), prior to the completion of such a report; and (iv) for a qualifying project with a completed feasibility report in accordance with [section 2282 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2282&num=0&edition=prelim) that has not yet been authorized, during design for the qualifying project. **(b) Additional project delivery process reforms** Not later than 18 months after June 10, 2014, the Secretary shall— (1) establish a system to identify and apply on a continuing basis best management p

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2255

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

33 U.S.C. § 2282c — Feasibility reports

**(a) Preparation of reports** (1) **In general** — In the case of any water resources project-related study authorized to be undertaken by the Secretary that results in recommendations concerning a project or the operation of a project and that requires specific authorization by Congress in law or otherwise, the Secretary shall prepare a feasibility report, subject to [section 2215 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2215&num=0&edition=prelim). (2) **Contents of feasibility reports** — A feasibility report shall describe, with reasonable certainty, the economic, environmental, and social benefits and detriments of the recommended plan and alternative plans considered by the Secretary and the engineering features (including hydrologic and geologic information), the public acceptability, and the purposes, scope, and scale of the recommended plan. A feasibility report shall also include the views of other Federal agencies and non-Federal agencies with regard to the recommended plan, a description of a nonstructural alternative to the recommended plan when such plan does not have significant nonstructural features, and a description of the Federal and non-Federal participation in such plan, and shall demonstrate that States, other non-Federal interests, and Federal agencies have been consulted in the development of the recommended plan. A feasibility report shall include a preliminary analysis of the Federal interest and the costs, benefits, and environmental impacts of the project. (3) **Applicability** — This subsection shall not apply to— (A) any study with respect to which a report has been submitted to Congress before November 17, 1986; (B) any study for a project, which project is authorized for construc

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

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

33 U.S.C. § 2282f — Annual report to Congress

**(a) In general** Not later than February 1 of each year, the Secretary shall develop and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual report, to be entitled “Report to Congress on Future Water Resources Development”, that identifies the following: (1) **Feasibility reports** — Each feasibility report that meets the criteria established in subsection (c)(1)(A). (2) **Proposed feasibility studies** — 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). (3) **Proposed modifications** — Any proposed modification to an authorized water resources development project or feasibility study that meets the criteria established in subsection (c)(1)(A) that— (A) is submitted to the Secretary by a non-Federal interest pursuant to subsection (b); or (B) is identified by the Secretary for authorization. (4) **Programmatic modifications** — Any programmatic modification for an environmental infrastructure assistance program. **(b) Requests for proposals** (1) **Publication** — 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. (2) **Deadline for requests** — The Secretary shall include in each notice required by this subsection a requirement that non-Federal interests submit to the Secretary any proposals de

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

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