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33 U.S.C. § 2282d — Planning
Federal law — U.S. Code and appendices · legal_authorities
**(a) Omitted**
**(b) Planning process improvements** The Chief of Engineers—
(1) shall adopt a risk analysis approach to project cost estimates for water resources projects; and
(2) not later than one year after November 8, 2007, shall—
(A) issue procedures for risk analysis for cost estimation for water resources projects; and
(B) submit to Congress a report that includes any recommended amendments to [section 2280 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2280&num=0&edition=prelim).
**(c) Benchmarks**
(1) **In general** — Not later than 12 months after November 8, 2007, the Chief of Engineers shall establish benchmarks for determining the length of time it should take to conduct a feasibility study for a water resources project and its associated review process under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.). The Chief of Engineers shall use such benchmarks as a management tool to make the feasibility study process more efficient in all districts of the Corps of Engineers.
(2) **Benchmark goals** — The Chief of Engineers shall establish, to the extent practicable, under paragraph (1) benchmark goals for completion of feasibility studies for water resources projects generally within 2 years. In the case of feasibility studies that the Chief of Engineers determines may require additional time based on the project type, size, cost, or complexity, the benchmark goal for completion shall be generally within 4 years.
**(d) Calculation of benefits and costs for flood damage reduction projects** A feasibility study for a project for flood damage reduction shall include, as part of t
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Stable record: federal_law:legal_authorities:record_usc_7f98d634b01dec18da68be99
Source file: Laws/federal/codes/united-states-code/title-33/section-2282d-planning--db456a3943.md
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Source location: Title 33, Chapter 36, § 2282d; chapter-036-water-resources-development.md
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**(a) Omitted**
**(b) Planning process improvements** The Chief of Engineers—
(1) shall adopt a risk analysis approach to project cost estimates for water resources projects; and
(2) not later than one year after November 8, 2007, shall—
(A) issue procedures for risk analysis for cost estimation for water resources projects; and
(B) submit to Congress a report that includes any recommended amendments to [section 2280 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2280&num=0&edition=prelim).
**(c) Benchmarks**
(1) **In general** — Not later than 12 months after November 8, 2007, the Chief of Engineers shall establish benchmarks for determining the length of time it should take to conduct a feasibility study for a water resources project and its associated review process under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.). The Chief of Engineers shall use such benchmarks as a management tool to make the feasibility study process more efficient in all districts of the Corps of Engineers.
(2) **Benchmark goals** — The Chief of Engineers shall establish, to the extent practicable, under paragraph (1) benchmark goals for completion of feasibility studies for water resources projects generally within 2 years. In the case of feasibility studies that the Chief of Engineers determines may require additional time based on the project type, size, cost, or complexity, the benchmark goal for completion shall be generally within 4 years.
**(d) Calculation of benefits and costs for flood damage reduction projects** A feasibility study for a project for flood damage reduction shall include, as part of the calculation of benefits and costs—
(1) a calculation of the residual risk of flooding following completion of the proposed project;
(2) a calculation of the residual risk of loss of human life and residual risk to human safety following completion of the proposed project;
(3) a calculation of any upstream or downstream impacts of the proposed project; and
(4) calculations to ensure that the benefits and costs associated with structural and nonstructural alternatives are evaluated in an equitable manner.
**(e) Centers of specialized planning expertise**
(1) **Establishment** — The Secretary may establish centers of expertise to provide specialized planning expertise for water resources projects to be carried out by the Secretary in order to enhance and supplement the capabilities of the districts of the Corps of Engineers.
(2) **Duties** — A center of expertise established under this subsection shall—
(A) provide technical and managerial assistance to district commanders of the Corps of Engineers for project planning, development, and implementation;
(B) provide agency peer reviews of new major scientific, engineering, or economic methods, models, or analyses that will be used to support decisions of the Secretary with respect to feasibility studies for water resources projects;
(C) provide support for independent peer review panels under [section 2343 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2343&num=0&edition=prelim); and
(D) carry out such other duties as are prescribed by the Secretary.
(3) **Deep draft navigation planning center of expertise**
(A) *In general* — The Secretary shall consolidate deep draft navigation expertise within the Corps of Engineers into a deep draft navigation planning center of expertise.
(B) *List* — Not later than 60 days after the date of the consolidation required under subparagraph (A), 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 a list of the grade levels and expertise of each of the personnel assigned to the center described in subparagraph (A).
**(f) Completion of Corps of Engineers reports**
(1) **Alternatives**
(A) *In general* — Feasibility and other studies and assessments for a water resources project shall include recommendations for alternatives—
(i) that, as determined in coordination with the non-Federal interest for the project, promote integrated water resources management; and
(ii) for which the non-Federal interest is willing to provide the non-Federal share for the studies or assessments.
(B) *Constraints* — The alternatives contained in studies and assessments described in subparagraph (A) shall not be constrained by budgetary or other policy.
(C) *Reports of Chief of Engineers* — The reports of the Chief of Engineers shall identify any recommendation that is not the best technical solution to water resource needs and problems and the reason for the deviation.
(2) **Report completion** — The completion of a report of the Chief of Engineers for a water resources project—
(A) shall not be delayed while consideration is being given to potential changes in policy or priority for project consideration; and
(B) shall be submitted, on completion, to—
(i) the Committee on Environment and Public Works of the Senate; and
(ii) the Committee on Transportation and Infrastructure of the House of Representatives.
**(g) Completion review**
(1) **In general** — Except as provided in paragraph (2), not later than 120 days after the date of completion of a report of the Chief of Engineers that recommends to Congress a water resources project, the Secretary shall—
(A) review the report; and
(B) provide any recommendations of the Secretary regarding the water resources project to Congress.
(2) **Prior reports** — Not later than 180 days after November 8, 2007, with respect to any report of the Chief of Engineers recommending a water resources project that is complete prior to November 8, 2007, the Secretary shall complete review of, and provide recommendations to Congress for, the report in accordance with paragraph (1).
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Federal law — U.S. Code and appendices · legal_authorities
### 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4321
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Indian tribe** — The terms “Indian tribe” and “Indian Tribe” have the meanings given the terms “Indian tribe” has the meaning given the term 11 So in original. in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim).
(2) **Inter-tribal consortium** — The term “inter-tribal consortium” has the meaning given the term in [section 3202 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3202&num=0&edition=prelim).
(3) **Tribal organization** — The term “Tribal organization” has the meaning given the term in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim).
**(b) Program**
(1) **In general** — In cooperation with Indian tribes, inter-tribal consortiums, Tribal organizations, and the heads of other Federal agencies, the Secretary may carry out water-related planning activities, or activities relating to the study, design, and construction of water resources development projects, that—
(A) will substantially benefit Indian tribes, inter-tribal consortiums, or Tribal organizations; and
(B) are located primarily within Indian country (as defined in [section 1151 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1151&num=0&edition=prelim), and including lands that are within the jurisdictional area of an Oklahoma Indian tribe, as determined by the Secretary of the Interior, and are recognized by the Secretary of the Interior as eligible for trust land status under part 151 of title 25, Code of Federal Regulations) or in proximity to Alaska Native villages.
(2) **Authorized activities** — An activ
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2281
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Federal law — U.S. Code and appendices · legal_authorities
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
**(a) Dredging needs** The Secretary is authorized to conduct such studies as are necessary to provide a report to Congress on the dredging needs of the national ports and harbors of the United States. The report shall include existing and projected future project depths, types and sizes of ships in use, and world trade patterns, an assessment of the future national waterside infrastructure needs, and a comparison of drafts of United States and selected world ports.
**(b) Authorization of appropriations** There is authorized to be appropriated $2,500,000 to carry out this section for fiscal years beginning after September 30, 1992. Such sums shall remain available until expended.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2280
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall give priority to a project for flood risk management if—
(1) there is an executed project partnership agreement for the project; and
(2) the project is located in an area—
(A) with respect to which—
(i) there has been a loss of life due to flood events; and
(ii) the President has declared that a major disaster or emergency exists under [section 5170 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170&num=0&edition=prelim); or
(B) that is at significant risk for catastrophic flooding.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2343
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this Act, the term “Secretary” means the Secretary of the Army.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2211
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In conducting a study of harbor and navigation improvements, the Secretary may recommend a project without the need to demonstrate that the project is justified solely by national economic development benefits if the Secretary determines that—
(1) the project would be located in the State of Hawaii or Alaska, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, or American Samoa; and
(2)
(A) over 80 percent of the goods transported through the harbor would be consumed within the United States, as determined by the Secretary, including consideration of information provided by the non-Federal interest; or
(B) the long-term viability of the community in which the project is located, or the long-term viability of a community that is located in the region that is served by the project and that will rely on the project, would be threatened without the harbor and navigation improvement.
**(b) Justification** In considering whether to recommend a project under subsection (a), the Secretary shall consider the benefits of the project to any of—
(1) public health and safety of the local community and communities that are located in the region to be served by the project and that will rely on the project, including access to facilities designed to protect public health and safety;
(2) access to natural resources for subsistence purposes;
(3) local and regional economic opportunities;
(4) welfare of the regional population to be served by the project; or
(5) social and cultural value to the local community and communities that are located in the region to be served by the project and that will rely on the project.
**(c) Prioritization** Projects recommended by the Secretary under
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2252
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Users Board** There is hereby established an Inland Waterway Users Board (hereinafter in this section referred to as the “Users Board”) composed of the eleven members selected by the Secretary, one of whom shall be designated by the Secretary as Chairman. The members shall be selected so as to represent various regions of the country and a spectrum of the primary users and shippers utilizing the inland and intracoastal waterways for commercial purposes. Due consideration shall be given to assure a balance among the members based on the ton-mile shipments of the various categories of commodities shipped on inland waterways. The Secretary of the Army shall designate, and the Secretaries of Agriculture, Transportation, and Commerce may each designate, a representative to act as an observer of the Users Board.
**(b) Duties of Users Board**
(1) **In general** — The Users Board shall meet not less frequently than semiannually to develop and make recommendations to the Secretary and Congress regarding the inland waterways and inland harbors of the United States.
(2) **Advice and recommendations** — For commercial navigation features and components of the inland waterways and inland harbors of the United States, the Users Board shall provide—
(A) prior to the development of the budget proposal of the President for a given fiscal year, advice and recommendations to the Secretary regarding construction and rehabilitation priorities and spending levels;
(B) advice and recommendations to Congress regarding any feasibility report for a project on the inland waterway system that has been submitted to Congress pursuant to [section 2282d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2282d&num=0&edition=prelim)
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2254
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than 1 year after June 10, 2014, and biennially thereafter, the Secretary shall conduct a study to determine the feasibility of—
(1) carrying out projects for the inland and intracoastal waterways for purposes of—
(A) flood damage reduction;
(B) emergency streambank and shoreline protection; and
(C) prevention and mitigation of shore damages attributable to navigation improvements; and
(2) modifying projects for the inland and intracoastal waterways for the purpose of improving the quality of the environment.
**(b) Recommendations** In conducting the study, the Secretary shall develop specific project recommendations and prioritize those recommendations based on—
(1) the extent of damage and land loss resulting from riverbank erosion;
(2) the rate of erosion;
(3) the significant threat of future flood risk to public property, public infrastructure, or public safety;
(4) the destruction of natural resources or habitats; and
(5) the potential cost savings for maintenance of the channel.
**(c) Disposition** The Secretary may carry out any project identified in the study conducted pursuant to subsection (a) in accordance with the criteria for projects carried out under one of the following authorities:
(1) [Section 701r of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701r&num=0&edition=prelim).
(2) [Section 701s of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701s&num=0&edition=prelim).
(3) [Section 426i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426i&num=0&edition=prelim).
(4) [Section 2309a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2309a&num=
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2262
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Watershed assessments**
(1) **In general** — In an area that the President has declared a major disaster in accordance with [section 5170 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170&num=0&edition=prelim), the Secretary may carry out a watershed assessment to identify, to the maximum extent practicable, specific flood risk reduction, hurricane and storm damage reduction, ecosystem restoration, or navigation project recommendations that will help to rehabilitate and improve the resiliency of damaged infrastructure and natural resources to reduce risks to human life and property from future natural disasters.
(2) **Existing projects** — A watershed assessment carried out paragraph 11 So in original. Probably should be preceded by “under”. (1) may identify existing projects being carried out under 1 or more of the authorities referred to in subsection (b)(1).
(3) **Duplicate watershed assessments** — In carrying out a watershed assessment under paragraph (1), the Secretary shall use all existing watershed assessments and related information developed by the Secretary or other Federal, State, or local entities.
**(b) Projects**
(1) **In general** — The Secretary may carry out projects identified under a watershed assessment under subsection (a) in accordance with the criteria for projects carried out under one of the following authorities:
(A) Section 205 of the Flood Control Act of 1948 ([33 U.S.C. 701s](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701s&num=0&edition=prelim)).
(B) Section 111 of the River and Harbor Act of 1968 ([33 U.S.C. 426i](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426i&num=0&edition=prelim)).
(C) Section 206 of the Wat
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2270
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