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33 U.S.C. § 2234 — Study of water resources development projects by non-Federal interests

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33 U.S.C. § 2234 — Study of water resources development projects by non-Federal interests

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Stable record: federal_law:legal_authorities:record_usc_93b21847b0aacf988ff7f666
Source file: Laws/federal/codes/united-states-code/title-33/section-2234-study-of-water-resources-development-projects-by-non-federal-interests--c5bb05ebee.md
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Source location: Title 33, Chapter 36, § 2234; chapter-036-water-resources-development.md

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**(a) Submission to Secretary** (1) **In general** — A non-Federal interest may undertake and submit to the Secretary— (A) a federally authorized feasibility study of a proposed water resources development project; or (B) upon the determination of the Secretary that the modifications are consistent with the authorized purposes of the project, a feasibility study on modifications to a water resources development project constructed by the Corps of Engineers or constructed by a non-Federal interest pursuant to [section 2232 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2232&num=0&edition=prelim). (2) **Guidelines** — To assist non-Federal interests, the Secretary shall issue guidelines for the formulation of feasibility studies of water resources development projects undertaken by non-Federal interests that— (A) provide clear, concise, and transparent guidance for the non-Federal interest to use in developing a feasibility study that complies with requirements that would apply to a feasibility study undertaken by the Secretary; (B) provide sufficient information for the formulation of the studies, including processes and procedures related to reviews and assistance under subsection (e); (C) provide guidance to a non-Federal interest on obtaining support from the Secretary to complete elements of a feasibility study that may be considered inherently governmental and required to be done by a Federal agency; and (D) provide contacts for employees of the Corps of Engineers that a non-Federal interest may use to initiate coordination with the Secretary and identify at what stages coordination may be beneficial. (3) **Determination** — If a non-Federal interest requests to undertake a feasibility study on a modification to a constructed water resources development project under paragraph (1)(B), the Secretary shall expeditiously provide to the non-Federal interest the determination required under such paragraph with respect to whether conceptual modifications, as presented by the non-Federal interest, are consistent with the authorized purposes of the project. **(b) Review by Secretary** (1) **In general** — The Secretary shall review each feasibility study received under subsection (a)(1) for the purpose of determining whether or not the study, and the process under which the study was developed, each comply with Federal laws and regulations applicable to feasibility studies of water resources development projects. (2) **Timing** — The Secretary may not submit to Congress an assessment of a feasibility study under this section until such time as the Secretary— (A) determines that the feasibility study complies with all of the requirements that would apply to a feasibility study undertaken by the Secretary; and (B) completes all of the Federal analyses, reviews, and compliance processes 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.), that would be required with respect to the proposed project if the Secretary had undertaken the feasibility study. (3) **Initiation of review** (A) *Request* (i) *Submission* — The non-Federal interest may submit to the Secretary a request that the Secretary initiate the analyses, reviews, and compliance processes described in paragraph (2)(B) with respect to the proposed project prior to the non-Federal interest’s submission of a feasibility study under subsection (a)(1). (ii) *Effect* — Receipt by the Secretary of a request submitted under clause (i) shall be considered the receipt of a proposal or application that will lead to a major Federal action that is subject to the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 ([42 U.S.C. 4332(2)(C)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4332/2/C&num=0&edition=prelim)) that would be required if the Secretary were to undertake the feasibility study. (B) *Deadline* — Not later than 10 days after the Secretary receives a study submission under subsection (a) or receives a request under subparagraph (A), the Secretary shall begin the required analyses, reviews, and compliance processes. (C) *Additional information required* — The Secretary shall notify a non-Federal interest if, upon initial review of a submission received under subsection (a) or a receipt of a request under subparagraph (A), the Secretary requires additional information to perform the required analyses, reviews, and compliance processes and include in such notification a detailed description of the required information. (4) **Notification** — Upon receipt of a study submission under subsection (a) or receipt of a request under paragraph (3)(A), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the submission or request and a timeline for completion of the required analyses, reviews, and compliance processes and shall notify the non-Federal interest of such timeline. (5) **Status updates** — Not later than 30 days after receiving a study submission under subsection (a) or a request under paragraph (3)(A), and every 30 days thereafter until the Secretary submits an assessment under subsection (c) for the applicable feasibility study, the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the non-Federal interest of the status of the Secretary’s required analyses, reviews, and compliance processes. **(c) Submission to Congress** (1) **Review and submission of studies to Congress** — Not later than 180 days after the completion of review of a feasibility study under subsection (b), 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 an assessment that describes— (A) the results of the Secretary’s review of the study under subsection (b), including a determination of whether the project is feasible; (B) any recommendations the Secretary may have concerning the plan or design of the project; and (C) any conditions the Secretary may require for construction of the project. (2) **Limitation** — The completion of the review by the Secretary of a feasibility study that has been submitted under subsection (a)(1) may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration. **(d) Credit** (1) **In general** — If a project for which a feasibility study has been submitted under subsection (a)(1) is authorized by a Federal law enacted after the date of the submission to Congress under subsection (c), the Secretary shall credit toward the non-Federal share of the cost of construction of the project or modification to the project an amount equal to the portion of the cost of developing the study that would have been the responsibility of the United States if the study had been developed by the Secretary. (2) **Maximum amount** — Any credit provided to a non-Federal interest under this subsection may not exceed the Federal share of the cost for a feasibility study initiated by the Secretary under [section 2282c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2282c/a&num=0&edition=prelim). **(e) Review and technical assistance** (1) **Review** — The Secretary may accept and expend funds provided by non-Federal interests to undertake reviews, inspections, certifications, and other activities that are the responsibility of the Secretary in carrying out this section. (2) **Technical assistance** — At the request of a non-Federal interest, the Secretary shall provide to the non-Federal interest technical assistance relating to any aspect of a feasibility study if the non-Federal interest contracts with the Secretary to pay all costs of providing such technical assistance. (3) **Limitation** — Funds provided by non-Federal interests under this subsection shall not be eligible for credit under subsection (d) or reimbursement. (4) **Impartial decisionmaking** — In carrying out this section, the Secretary shall ensure that the use of funds accepted from a non-Federal interest will not affect the impartial decisionmaking of the Secretary, either substantively or procedurally. (5) **Savings provision** — The provision of technical assistance by the Secretary under paragraph (2)— (A) shall not be considered to be an approval or endorsement of the feasibility study; and (B) shall not affect the responsibilities of the Secretary under subsections (b) and (c). **(f) Authorization of appropriations** There is authorized to be appropriated to the Secretary $1,000,000 for each fiscal year to carry out this section.

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

33 U.S.C. § 2231 — Credit or reimbursement

**(a) Requests for credits** With respect to an authorized flood damage reduction project, or separable element thereof, that has been constructed by a non-Federal interest under section 701b–13 11 See References in Text note below. of this title, or an authorized coastal navigation project that has been constructed by the Corps of Engineers pursuant to [section 561 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section561&num=0&edition=prelim) before October 23, 2018, the Secretary may provide to the non-Federal interest, at the request of the non-Federal interest, a credit in an amount equal to the estimated Federal share of the cost of the project or separable element, in lieu of providing to the non-Federal interest a reimbursement in that amount or reimbursement of funds of an equivalent amount, subject to the availability of appropriations. **(b) Application of credits** At the request of the non-Federal interest, the Secretary may apply all or a portion of such credit to the share of the cost of the non-Federal interest of carrying out other flood damage reduction and coastal navigation projects or studies. **(c) Application of reimbursement** At the request of the non-Federal interest, the Secretary may apply such funds, subject to the availability of appropriations, equal to the share of the cost of the non-Federal interest of carrying out other flood damage reduction and coastal navigation projects or studies.

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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

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. § 2232 — Water resources projects on Federal land

**(a) In general** Subject to subsection (b), the Secretary may carry out an authorized water resources development project on Federal land that is under the administrative jurisdiction of another Federal agency where the cost of the acquisition of such Federal land has been paid for by the non-Federal interest for the project. **(b) MOU required** The Secretary may carry out a project pursuant to subsection (a) only after the non-Federal interest has entered into a memorandum of understanding with the Federal agency that includes such terms and conditions as the Secretary determines to be necessary. **(c) Applicability** Nothing in this section alters any non-Federal cost-sharing requirements for the project.

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

33 U.S.C. § 2234 — Nonapplicability to Saint Lawrence Sea-

Page 725 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2236 (g) Progress reports Six months before the final date of the sched- ule, the Secretary shall provide to Congress a written progress report for each navigation project for a harbor or inland harbor subject to this section. The Secretary shall transmit the report to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate. The report shall summa- rize all work completed under the agreement and shall include a detailed work program that will assure completion of all remaining work under the agreement. (h) Final decision Not later than the final day of the schedule, the Secretary shall notify the non-Federal inter- est of the final decision on the project and whether the permit or permits have been issued. (i) Report on timesavings methods Not later than one year after November 17, 1986, the Secretary shall prepare and transmit to Congress a report estimating the time required for the issuance of all Federal, State, and local permits for the construction of navigation projects for harbors or inland harbors and asso- ciated activities. The Secretary shall include in that report recommendations for further reduc- ing the amount of time required for the issuance of those permits, including any proposed changes in existing law. (Pub. L. 99–662, title II, § 205, Nov. 17, 1986, 100 Stat. 4101.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Public Works and Transportation of House of Representatives treated as referring to Com- mittee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title

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

42 U.S.C. § 4321 — Congressional declaration of purpose

Page 6095 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 Sec. 4368a. Utilization of talents of older Americans in projects of pollution prevention, abate- ment, and control. 4368b. General assistance program. 4369. Miscellaneous reports. 4369a. Reports on environmental research and devel- opment activities of Agency. 4370. Reimbursement for use of facilities. 4370a. Assistant Administrators of Environmental Protection Agency; appointment; duties. 4370b. Availability of fees and charges to carry out Agency programs. 4370c. Environmental Protection Agency fees. 4370d. Percentage of Federal funding for organiza- tions owned by socially and economically disadvantaged individuals. 4370e. Working capital fund in Treasury. 4370f. Availability of funds after expiration of pe- riod for liquidating obligations. 4370g. Availability of funds for uniforms and certain services. 4370h. Availability of funds for facilities. 4370i. Regional liaisons for minority, tribal, and low-income communities. 4370j. Municipal Ombudsman. SUBCHAPTER IV—FEDERAL PERMITTING IMPROVEMENT 4370m. Definitions. 4370m–1. Federal Permitting Improvement Steering Council. 4370m–2. Permitting process improvement. 4370m–3. Interstate compacts. 4370m–4. Coordination of required reviews. 4370m–5. Delegated State permitting programs. 4370m–6. Litigation, judicial review, and savings provi- sion. 4370m–7. Reports. 4370m–8. Funding for governance, oversight, and proc- essing of environmental reviews and per- mits. 4370m–9. Application. 4370m–10. GAO report. 4370m–11. Savings provision. 4370m–12. Repealed. § 4321. Congressional declaration of purpose The purposes of this chapter are: To declare a national policy which will encourage productive and enjoyable harmony

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

42 U.S.C. § 4332 — Congressional declaration of national environmental policy

**(a)** The Congress, recognizing the profound impact of man’s activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans. **(b)** In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may— (1) fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (2) assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings; (3) attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; (4) preserve important historic, cultural, and natural aspects of our national heritag

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

42 U.S.C. § 4332 — Cooperation of agencies; reports; avail-

Page 6139 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4332 (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. SUBCHAPTER I—POLICIES AND GOALS § 4331. Congressional declaration of national en- vironmental policy (a) The Congress, recognizing the profound im- pact of man’s activity on the interrelations of all components of the natural environment, par- ticularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recog- nizing further the critical importance of restor- ing and maintaining environmental quality to the overall welfare and development of man, de- clares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all prac- ticable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive har- mony, and fulfill the social, economic, and other requirements of present and future generations of Americans. (b) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential consider- ations of national policy, to improve and coordi- nate Federal plans, functions, programs, and re- sources to the end that the Nati

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4332

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