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33 U.S.C. § 2343 — Prioritization of certain projects
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.
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Stable record: federal_law:legal_authorities:record_usc_d6946672e5f1ab1bacf74f78
Source file: Laws/federal/codes/united-states-code/title-33/section-2343-prioritization-of-certain-projects--c71c44e2e0.md
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Source location: Title 33, Chapter 36, § 2343; chapter-036-water-resources-development.md
Stored source content
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.
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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) In general** All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As part of such request, and as a prerequisite to major disaster assistance under this chapter, the Governor shall take appropriate response action under State law and direct execution of the State’s emergency plan. The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements of this chapter. Based on the request of a Governor under this section, the President may declare under this chapter that a major disaster or emergency exists.
**(b) Indian tribal government requests**
(1) **In general** — The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that a major disaster exists consistent with the requirements of subsection (a).
(2) **References** — In implementing assistance authorized by the President under this chapter in response to a request of the Chief Executive of an affected Indian tribal government for a major disaster declaration, any reference in this subchapter or subchapter III (except sections 5153 and 5165d of this title) to a State or the Governor of a State is deemed to refer to a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5170
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2282d
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Federal law — U.S. Code and appendices · legal_authorities
Page 844
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2342
(A) a rural community; or
(B) an economically disadvantaged com-
munity, including an economically dis-
advantaged minority community;
(3) the amount of appropriations a project
has received;
(4) the funding capability of the Corps of En-
gineers with respect to the project;
(5) whether the project could be carried out
under other Federal authorities at an equiva-
lent cost to the non-Federal interest; and
(6) any other criteria that the Secretary con-
siders to be appropriate.
(c) Inclusion in guidance
The Secretary shall include the criteria devel-
oped under subsection (a) in the annual Civil
Works Direct Program Development Policy
Guidance of the Secretary.
(d) Report to Congress
For fiscal year 2022, and biennially thereafter,
in conjunction with the President’s annual
budget submission to Congress under section
1105(a) of title 31, the Secretary shall submit to
the Committee on Environment and Public
Works and the Committee on Appropriations of
the Senate and the Committee on Transpor-
tation and Infrastructure and the Committee on
Appropriations of the House of Representatives
a report that identifies the Secretary’s ranking
of individual environmental assistance projects
authorized by Congress for the Secretary to
carry out, in accordance with the criteria devel-
oped under this section.
(Pub. L. 116–260, div. AA, title I, § 137, Dec. 27,
2020, 134 Stat. 2650.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Water Resources
Development Act of 2020, and not as part of the Water
Resources Development Act of 1986 which comprises
this chapter.
Statutory Notes and Related Subsidiaries
‘‘SECRETARY’’ DEFINED
Secretary means the Secretary of the Army, see sec-
tion 2
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2343
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