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33 U.S.C. § 579d–2 — Deauthorization of inactive projects
Federal law — U.S. Code and appendices · legal_authorities
**(a) Purposes** The purposes of this section are—
(1) to identify water resources development projects, and separable elements of projects, authorized by Congress that are no longer viable for construction due to—
(A) a lack of local support;
(B) a lack of available Federal or non-Federal resources; or
(C) an authorizing purpose that is no longer relevant or feasible;
(2) to create an expedited and definitive process for Congress to deauthorize water resources development projects and separable elements that are no longer viable for construction; and
(3) to allow the continued authorization of water resources development projects and separable elements that are viable for construction.
**(b) Proposed deauthorization list**
(1) **Preliminary list of projects**
(A) *In general* — The Secretary shall develop a preliminary list of each water resources development project, or separable element of a project, authorized for construction before June 10, 2014, for which—
(i) planning, design, or construction was not initiated before January 4, 2025; or
(ii) planning, design, or construction was initiated before January 4, 2025, but for which no funds, Federal or non-Federal, were obligated for planning, design, or construction of the project or separable element of the project during the current fiscal year or any of the 10 preceding fiscal years.
(B) *Use of comprehensive construction backlog and operation and maintenance report* — The Secretary may develop the preliminary list from the comprehensive construction backlog and operation and maintenance reports developed pursuant to [section 579a(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section579a/b/2&num=0&edition=prelim).
(2) **Preparation of propo
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Stable record: federal_law:legal_authorities:record_usc_b27f6dc4ac4e1c288ed1299a
Source file: Laws/federal/codes/united-states-code/title-33/section-579d2-deauthorization-of-inactive-projects--d4f532c45d.md
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Source location: Title 33, Chapter 12, § 579d–2; chapter-012-river-and-harbor-improvements-generally.md
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**(a) Purposes** The purposes of this section are—
(1) to identify water resources development projects, and separable elements of projects, authorized by Congress that are no longer viable for construction due to—
(A) a lack of local support;
(B) a lack of available Federal or non-Federal resources; or
(C) an authorizing purpose that is no longer relevant or feasible;
(2) to create an expedited and definitive process for Congress to deauthorize water resources development projects and separable elements that are no longer viable for construction; and
(3) to allow the continued authorization of water resources development projects and separable elements that are viable for construction.
**(b) Proposed deauthorization list**
(1) **Preliminary list of projects**
(A) *In general* — The Secretary shall develop a preliminary list of each water resources development project, or separable element of a project, authorized for construction before June 10, 2014, for which—
(i) planning, design, or construction was not initiated before January 4, 2025; or
(ii) planning, design, or construction was initiated before January 4, 2025, but for which no funds, Federal or non-Federal, were obligated for planning, design, or construction of the project or separable element of the project during the current fiscal year or any of the 10 preceding fiscal years.
(B) *Use of comprehensive construction backlog and operation and maintenance report* — The Secretary may develop the preliminary list from the comprehensive construction backlog and operation and maintenance reports developed pursuant to [section 579a(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section579a/b/2&num=0&edition=prelim).
(2) **Preparation of proposed deauthorization list**
(A) *Proposed list and estimated deauthorization amount* — The Secretary shall—
(i) prepare a proposed list of projects for deauthorization comprised of a subset of projects and separable elements identified on the preliminary list developed under paragraph (1) that are projects or separable elements described in subsection (a)(1), as determined by the Secretary; and
(ii) include with such proposed list an estimate, in the aggregate, of the Federal cost to complete such projects.
(B) *Determination of Federal cost to complete* — For purposes of subparagraph (A), the Federal cost to complete shall take into account any allowances authorized by [section 2280 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2280&num=0&edition=prelim), as applied to the most recent project schedule and cost estimate.
(3) **Public comment and consultation**
(A) *In general* — The Secretary shall solicit comments from the public and the Governors of each applicable State on the proposed deauthorization list prepared under paragraph (2)(A).
(B) *Comment period* — The public comment period shall be 90 days.
(4) **Preparation of final deauthorization list**
(A) *In general* — The Secretary shall prepare a final deauthorization list by—
(i) considering any comments received under paragraph (3); and
(ii) revising the proposed deauthorization list prepared under paragraph (2)(A) as the Secretary determines necessary to respond to such comments.
(B) *Appendix* — The Secretary shall include as part of the final deauthorization list an appendix that—
(i) identifies each project or separable element on the proposed deauthorization list that is not included on the final deauthorization list; and
(ii) describes the reasons why the project or separable element is not included on the final deauthorization list.
**(c) Submission of final deauthorization list to Congress for congressional review; publication**
(1) **In general** — Not later than 90 days after the date of the close of the comment period under subsection (b)(3), the Secretary shall—
(A) submit the final deauthorization list and appendix prepared under subsection (b)(4) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate; and
(B) publish the final deauthorization list and appendix in the Federal Register.
(2) **Exclusions** — The Secretary shall not include in the final deauthorization list submitted under paragraph (1) any project or separable element with respect to which Federal funds for planning, design, or construction are obligated after the development of the preliminary list under subsection (b)(1)(A) but prior to the submission of the final deauthorization list under paragraph (1)(A) of this subsection.
**(d) Repealed. Pub. L. 117–263, div. H, title LXXXI, § 8301(b), Dec. 23, 2022, 136 Stat. 3776**
**(e) Special rules**
(1) **Post-authorization studies** — A project or separable element of a project may not be identified on the proposed deauthorization list developed under subsection (b), or the final deauthorization list developed under subsection (c), if the project or separable element received funding for a post-authorization study during the current fiscal year or any of the 10 preceding fiscal years.
(2) **Treatment of project modifications** — For purposes of this section, if an authorized water resources development project or separable element of the project has been modified by an Act of Congress, the date of the authorization of the project or separable element shall be deemed to be the date of the most recent such modification.
**(f) Deauthorization of antiquated projects**
(1) **In general** — Any water resources development project, or separable element of a project, authorized for construction prior to November 17, 1986, for which construction has not been initiated prior to December 27, 2020, or for which funds have not been obligated for construction in the 10-year period prior to December 27, 2020, is hereby deauthorized.
(2) **Identification** — Not later than 60 days after December 27, 2020, the Secretary shall issue to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that identifies—
(A) the name of each project, or separable element of a project, deauthorized by paragraph (1); and
(B) the estimated current value of each such project or separable element of a project.
**(g) Economic and environmental review of inactive water resources development projects** The Secretary or the non-Federal interest may not carry out any authorized water resources development project, or separable element of such project, for which construction has not been initiated in the 20-year period following the date of the authorization of such project or separable element, until—
(1) the Secretary provides to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a post-authorization change report that updates the economic and environmental analysis of the project or separable element; and
(2) the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate take appropriate action to address any modifications to the economic and environmental analysis for the project or separable element of the project contained in the post-authorization change report.
**(h) Definitions** In this section:
(1) **Post-authorization change report** — The term “post-authorization change report” has the meaning given such term in [section 2282e(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2282e/d&num=0&edition=prelim).
(2) **Post-authorization study** — The term “post-authorization study” means—
(A) a feasibility report developed under [section 2282 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2282&num=0&edition=prelim);
(B) 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); or
(C) a review conducted under [section 549a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section549a&num=0&edition=prelim), including an initial appraisal that—
(i) demonstrates a Federal interest; and
(ii) requires additional analysis for the project or separable element.
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Federal law — U.S. Code and appendices · legal_authorities
**(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 responsibili
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2282
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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 of the Army, acting through the Chief of Engineers, is authorized to review the operation of projects the construction of which has been completed and which were constructed by the Corps of Engineers in the interest of navigation, flood control, water supply, and related purposes, when found advisable due 11 So in original. Probably should be “due to”. the significantly changed physical or economic conditions, and to report thereon to Congress with recommendations on the advisability of modifying the structures or their operation, and for improving the quality of the environment in the overall public interest.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 549a
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