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

Page 769 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2282d (3) Notification Each time the Secretary makes a determina- tion under this subsection, the Secretary shall provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and In- frastructure of the House of Representatives as to the results of that determination, includ- ing an identification of the specific 1 or more factors used in making the determination that the project is complex. (d) Reviews Not later than 90 days after the date of the ini- tiation of a study described in subsection (a) for a project, the Secretary shall— (1) take all steps necessary to initiate the process for completing federally mandated re- views that the Secretary is required to com- plete as part of the study, including the envi- ronmental review process under section 1005; (2) convene a meeting of all Federal, tribal, and State agencies identified under section 2348(e) of this title that may be required by law to conduct or issue a review, analysis, or opinion on or to make a determination con- cerning a permit or license for the study; and (3) take all steps necessary to provide infor- mation that will enable required reviews and analyses related to the project to be conducted by other agencies in a thorough and timely manner. (e) Interim report Not later than 18 months after June 10, 2014, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infra- structure of the House of Representatives and make publicly available a report that de- scribes— (1) the status of the implementation of the planning process under this section, including the number of participating projects; (2) a review of project delivery schedules, in- cluding a description of any delays on those studies participating in the planning process under this section; and (3) any recommendations for additional au- thority necessary to support efforts to expe- dite the feasibility study process for water re- source projects. (f) Final report Not later than 4 years after June 10, 2014, the Secretary shall submit to the Committee on En- vironment and Public Works of the Senate and the Committee on Transportation and Infra- structure of the House of Representatives and make publicly available a report that de- scribes— (1) the status of the implementation of this section, including a description of each feasi- bility study subject to the requirements of this section; (2) the amount of time taken to complete each feasibility study; and (3) any recommendations for additional au- thority necessary to support efforts to expe- dite the feasibility study process, including an analysis of whether the limitation established by subsection (a)(2) needs to be adjusted to ad- dress the impacts of inflation. (Pub. L. 113–121, title I, § 1001, June 10, 2014, 128 Stat. 1196; Pub. L. 115–270, title I, § 1330(b), Oct. 23, 2018, 132 Stat. 3827; Pub. L. 116–260, div. AA, title III, § 360(c), Dec. 27, 2020, 134 Stat. 2733; Pub. L. 118–272, div. A, title I, § 1103(a), Jan. 4, 2025, 138 Stat. 3000.) Editorial Notes REFERENCES IN TEXT Section 1005, referred to in subsec. (d)(1), is section 1005 of Pub. L. 113–121, which enacted section 2349 of this title and amended generally section 2348 of this title. CODIFICATION Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. AMENDMENTS 2025—Subsec. (a)(1). Pub. L. 118–272, § 1103(a)(1), sub- stituted ‘‘4 years after the date on which the Secretary determines the Federal interest for purposes of the re- port pursuant to section 2282(b) of this title’’ for ‘‘3 years after the date of initiation’’. Subsec. (a)(2). Pub. L. 118–272, § 1103(a)(2), added par. (2) and struck out former par. (2) which read as follows: ‘‘have a maximum Federal cost of $3,000,000; and’’. 2020—Subsec. (c). Pub. L. 116–260, § 360(c)(2), redesig- nated subsec. (d) as (c) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as fol- lows: ‘‘A feasibility study for which the Secretary has issued a determination under subsection (b) is not au- thorized after the last day of the 1-year period begin- ning on the date of the determination if the Secretary has not completed the study on or before such last day.’’ Subsec. (d). Pub. L. 116–260, § 360(c)(2), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c). Subsec. (d)(1). Pub. L. 116–260, § 360(c)(1)(A), (B), sub- stituted ‘‘The Secretary’’ for ‘‘Notwithstanding the re- quirements of subsection (c), the Secretary’’ and ‘‘sub- section (a)’’ for ‘‘subsections (a) and (c)’’. Subsec. (d)(2). Pub. L. 116–260, § 360(c)(1)(B), sub- stituted ‘‘subsection (a)’’ for ‘‘subsections (a) and (c)’’ in introductory provisions. Subsec. (d)(4). Pub. L. 116–260, § 360(c)(1)(C), struck out par. (4). Text read as follows: ‘‘The Secretary shall not extend the timeline for a feasibility study for a period of more than 10 years, and any feasibility study that is not completed before that date shall no longer be au- thorized.’’. Subsecs. (e) to (g). Pub. L. 116–260, § 360(c)(2), redesig- nated subsecs. (f) and (g) as (e) and (f), respectively. Former subsec. (e) redesignated (d). 2018—Subsec. (d)(4). Pub. L. 115–270 substituted ‘‘10 years’’ for ‘‘7 years’’. Statutory Notes and Related Subsidiaries SAVINGS CLAUSE Pub. L. 118–272, div. A, title I, § 1103(b), Jan. 4, 2025, 138 Stat. 3000, provided that: ‘‘Nothing in the amendments made by subsection (a) [amending this section] shall be construed to affect a feasibility study that was initi- ated prior to the date of the enactment of this Act [Jan. 4, 2025].’’ ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 113–121, set out as a note under section 2201 of this title. § 2282d. Annual report to Congress (a) In general Not later than February 1 of each year, the Secretary shall develop and submit to the Com- Page 770 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2282d mittee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representa- tives an annual report, to be entitled ‘‘Report to Congress on Future Water Resources Develop- ment’’, that identifies the following: (1) Feasibility reports Each feasibility report that meets the cri- teria established in subsection (c)(1)(A). (2) Proposed feasibility studies Any proposed feasibility study submitted to the Secretary by a non-Federal interest pursu- ant 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 feasi- bility study that meets the criteria estab- lished 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 au- thorization. (4) Programmatic modifications Any programmatic modification for an envi- ronmental infrastructure assistance program. (b) Requests for proposals (1) Publication Not later than May 1 of each year, the Sec- retary shall publish in the Federal Register a notice requesting proposals from non-Federal interests for proposed feasibility studies, pro- posed modifications to authorized water re- sources development projects and feasibility studies, and proposed modifications for an en- vironmental infrastructure program to be in- cluded 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 described in paragraph (1) by not later than 120 days after the date of publi- cation of the notice in the Federal Register in order for the proposals to be considered for in- clusion in the annual report. (3) Notification On the date of publication of each notice re- quired by this subsection, the Secretary shall— (A) make the notice publicly available, in- cluding on the Internet; and (B) provide written notification of the pub- lication to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infra- structure of the House of Representatives. (c) Contents (1) Feasibility reports, proposed feasibility studies, and proposed modifications (A) Criteria for inclusion in report The Secretary shall include in the annual report only those feasibility reports, pro- posed feasibility studies, and proposed modi- fications to authorized water resources de- velopment projects and feasibility studies that— (i) are related to the missions and au- thorities of the Corps of Engineers; (ii) require specific congressional author- ization, including by an Act of Congress; (iii) have not been congressionally au- thorized; (iv) have not been included in any pre- vious annual report; and (v) if authorized, could be carried out by the Corps of Engineers. (B) Description of benefits (i) Description The Secretary shall describe in the an- nual report, to the extent applicable and practicable, for each proposed feasibility study and proposed modification to an au- thorized water resources development project or feasibility study included in the annual report, the benefits, as described in clause (ii), of each such study or proposed modification (including the water re- sources development project that is the subject of the proposed feasibility study or the proposed modification to an authorized feasibility study). (ii) Benefits The benefits (or expected benefits, in the case of a proposed feasibility study) de- scribed in this clause are benefits to— (I) the protection of human life and property; (II) improvement to transportation; (III) the national, regional, or local economy; (IV) the environment; or (V) the national security interests of the United States. (C) Identification of other factors The Secretary shall identify in the annual report, to the extent practicable— (i) for each proposed feasibility study in- cluded in the annual report, the non-Fed- eral interest that submitted the proposed feasibility study pursuant to subsection (b); and (ii) for each proposed feasibility study and proposed modification to an author- ized water resources development project or feasibility study included in the annual report, whether the non-Federal interest has demonstrated— (I) that local support exists for the pro- posed feasibility study or proposed modi- fication to an authorized water resources development project or feasibility study (including the water resources develop- ment project that is the subject of the proposed feasibility study or the pro- posed modification to an authorized fea- sibility study); and (II) the financial ability to provide the required non-Federal cost share. (D) Modifications of projects carried out pur- suant to continuing authority programs (i) In general With respect to a project being carried out pursuant to a continuing authority Page 771 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2282d 1 So in original. Probably should be preceded by ‘‘of’’. program for which a proposed modification is necessary because the project is pro- jected to exceed, in the coming fiscal year, the maximum Federal cost of the project, the Secretary shall include a proposed modification in the annual report if the proposed modification will result in com- pletion of construction the 1 project and the justification for the modification is not the result of a change in the scope of the project. (ii) Inclusion For each proposed modification included in an annual report under clause (i), the Secretary shall include in the annual re- port— (I) a justification of why the modifica- tion is necessary; (II) an estimate of the total cost and timeline required to complete construc- tion of the project; and (III) an indication of continued support by the non-Federal interest and the fi- nancial ability of the non-Federal inter- est to provide the required cost-share. (iii) Definition For the purposes of this subparagraph, the term ‘‘continuing authority program’’ means any of— (I) section 701r of this title; (II) section 426g of this title; (III) section 577 of this title; (IV) section 426i of this title; (V) section 2326 of this title; (VI) section 701s of this title; (VII) section 2330 of this title; (VIII) section 701g of this title; (IX) section 2309a of this title; and (X) section 2289b of this title. (2) Transparency The Secretary shall include in the annual re- port, for each feasibility report, proposed fea- sibility study, and proposed modification to an authorized water resources development project or feasibility study included under paragraph (1)(A)— (A) the name of the associated non-Federal interest, including the name of any non-Fed- eral interest that has contributed, or is ex- pected to contribute, a non-Federal share of the cost of— (i) the feasibility report; (ii) the proposed feasibility study; (iii) the authorized feasibility study for which the modification is proposed; or (iv) construction of— (I) the water resources development project that is the subject of— (aa) the feasibility report; (bb) the proposed feasibility study; or (cc) the authorized feasibility study for which a modification is proposed; or (II) the proposed modification to an authorized water resources development project; (B) a letter or statement of support for the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or fea- sibility study from each associated non-Fed- eral interest; (C) the purpose of the feasibility report, proposed feasibility study, or proposed modi- fication to an authorized water resources de- velopment project or feasibility study; (D) an estimate, to the extent practicable, of the Federal, non-Federal, and total costs of— (i) the proposed modification to an au- thorized feasibility study; and (ii) construction of— (I) the water resources development project that is the subject of— (aa) the feasibility report; or (bb) the authorized feasibility study for which a modification is proposed, with respect to the change in costs re- sulting from such modification; or (II) the proposed modification to an authorized water resources development project; and (E) an estimate, to the extent practicable, of the monetary and nonmonetary benefits of— (i) the water resources development project that is the subject of— (I) the feasibility report; or (II) the authorized feasibility study for which a modification is proposed, with respect to the benefits of such modifica- tion; or (ii) the proposed modification to an au- thorized water resources development project. (3) Certification The Secretary shall include in the annual re- port a certification stating that each feasi- bility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study included in the annual report meets the criteria established in paragraph (1)(A). (4) Appendix (A) In general The Secretary shall include in the annual report an appendix listing the proposals sub- mitted under subsection (b) that were not in- cluded in the annual report under paragraph (1)(A) and a description of why the Secretary determined that those proposals did not meet the criteria for inclusion under such paragraph. (B) Limitation In carrying out the activities described in this section— (i) the Secretary shall not include pro- posals in the appendix of the annual report that otherwise meet the criteria for inclu- sion in the annual report solely on the basis of the Secretary’s determination that the proposal requires legislative changes to an authorized water resources Page 772 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2282d development project, feasibility study, or environmental infrastructure program; (ii) the Secretary shall not include pro- posals in the appendix of the annual report that otherwise meet the criteria for inclu- sion in the annual report solely on the basis that the proposals are for the pur- poses of navigation, flood risk manage- ment, ecosystem restoration, or municipal or agricultural water supply; and (iii) the Secretary shall not include pro- posals in the appendix of the annual report that otherwise meet the criteria for inclu- sion in the annual report solely on the basis of a policy of the Secretary. (d) Programmatic modifications in annual report The Secretary shall include in the annual re- port only proposed modifications for an environ- mental infrastructure assistance program that have not been included in any previous annual report. For each proposed modification, the Sec- retary shall include a letter or statement of sup- port for the proposed modification from each as- sociated non-Federal interest, description of as- sistance provided, and total Federal cost of as- sistance provided. (e) Special rule for initial annual report Notwithstanding any other deadlines required by this section, the Secretary shall— (1) not later than 60 days after June 10, 2014, publish in the Federal Register a notice re- quired by subsection (b)(1); and (2) include in such notice a requirement that non-Federal interests submit to the Secretary any proposals described in subsection (b)(1) by not later than 120 days after the date of publi- cation of such notice in the Federal Register in order for such proposals to be considered for inclusion in the first annual report developed by the Secretary under this section. (f) Publication Upon submission of an annual report to Con- gress, the Secretary shall make the annual re- port publicly available, including through publi- cation on the Internet. (g) Non-Federal interest notification After the publication of the annual report under subsection (f), if the proposal of a non- Federal interest submitted under subsection (b) was included by the Secretary in the appendix under subsection (c)(4), the Secretary shall pro- vide written notification to the non-Federal in- terest of such inclusion. (h) Congressional notification Not later than 30 days after the publication of the annual report under subsection (f), for each proposal included in that annual report or ap- pendix, the Secretary shall notify each Member of Congress that represents the State in which that proposal will be located that the proposal was included the annual report or the appendix. (i) Definitions In this section: (1) Annual report The term ‘‘annual report’’ means a report re- quired by subsection (a). (2) Feasibility report (A) In general The term ‘‘feasibility report’’ means a final feasibility report developed under sec- tion 2282 of this title. (B) Inclusions The term ‘‘feasibility report’’ includes— (i) a report described in section 2215(d)(2) of this title; and (ii) where applicable, any associated re- port of the Chief of Engineers. (3) Feasibility study The term ‘‘feasibility study’’ has the mean- ing given that term in section 2215 of this title. (4) Non-Federal interest The term ‘‘non-Federal interest’’ has the meaning given that term in section 1962d–5b of title 42. (5) Water resources development project The term ‘‘water resources development project’’ includes a project under an environ- mental infrastructure assistance program. (Pub. L. 113–121, title VII, § 7001, June 10, 2014, 128 Stat. 1360; Pub. L. 114–322, title I, § 1157(b), Dec. 16, 2016, 130 Stat. 1666; Pub. L. 115–270, title I, § 1332(a), Oct. 23, 2018, 132 Stat. 3834; Pub. L. 116–260, div. AA, title I, § 127(a), Dec. 27, 2020, 134 Stat. 2640; Pub. L. 118–272, div. A, title I, § 1111, Jan. 4, 2025, 138 Stat. 3010.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. AMENDMENTS 2025—Subsec. (c)(1)(D)(iii)(X). Pub. L. 118–272, § 1111(1), added subcl. (X). Subsecs. (g) to (i). Pub. L. 118–272, § 1111(2), (3), added subsecs. (g) and (h) and redesignated former subsec. (g) as (i). 2020—Subsec. (c)(1)(B)(ii)(III). Pub. L. 116–260, § 127(a)(1)(A)(i), inserted ‘‘, regional, or local’’ after ‘‘national’’. Subsec. (c)(1)(D). Pub. L. 116–260, § 127(a)(1)(A)(ii), added subpar. (D). Subsec. (c)(4)(B)(ii), (iii). Pub. L. 116–260, § 127(a)(1)(B), added cl. (ii) and redesignated former cl. (ii) as (iii). Subsec. (g)(5). Pub. L. 116–260, § 127(a)(2), struck out ‘‘if authorized before December 16, 2016’’ before period at end. 2018—Subsec. (a)(4). Pub. L. 115–270, § 1332(a)(1), added par. (4). Subsec. (b)(1). Pub. L. 115–270, § 1332(a)(2), substituted ‘‘studies, proposed modifications to authorized water resources development projects and feasibility studies, and proposed modifications for an environmental infra- structure program’’ for ‘‘studies and proposed modifica- tions to authorized water resources development projects and feasibility studies’’. Subsec. (c)(4). Pub. L. 115–270, § 1332(a)(5), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: ‘‘The Secretary shall include in the annual report an appendix listing the proposals submitted under subsection (b) that were not included in the annual report under paragraph (1)(A) and a de- scription of why the Secretary determined that those Page 773 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2282d–1 proposals did not meet the criteria for inclusion under such paragraph.’’ Subsecs. (d) to (g). Pub. L. 115–270, § 1332(a)(3), (4), added subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), respectively. 2016—Subsec. (f)(5). Pub. L. 114–322 added par. (5). Statutory Notes and Related Subsidiaries OVER-BUDGET CAP PROGRAMS Pub. L. 116–260, div. AA, title I, § 127(b), Dec. 27, 2020, 134 Stat. 2642, provided that: ‘‘For any project carried out under a continuing authority program, as such term is defined in section 7001(c)(1)(D) of the Water Re- sources Reform and Development Act of 2014 (33 U.S.C. 2282d[(c)(1)(D)])), [sic] for which the Secretary [of the Army] is required to include a proposed modification in an annual report under such section 7001(c)(1)(D), the Secretary shall, to the extent practicable, inform the non-Federal interest of the process for carrying out the project pursuant to section 105 of the Water Resources Development Act of 1986 (33 U.S.C. 2215) and whether the Secretary has the authority to complete a feasi- bility study for the project.’’ ANNUAL REPORT ON STATUS OF FEASIBILITY STUDIES Pub. L. 116–260, div. AA, title I, § 127(c), Dec. 27, 2020, 134 Stat. 2642, provided that: ‘‘Concurrent with each re- port submitted under section 7001 of the Water Re- sources Reform and Development Act of 2014 (33 U.S.C. 2282d), the Secretary [of the Army] shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Envi- ronment and Public Works of the Senate a report that provides for an accounting of all outstanding feasi- bility studies being conducted by the Secretary, includ- ing, for each such study, its length, cost, and expected completion date.’’ DISSEMINATION OF INFORMATION Pub. L. 115–270, title I, § 1104, Oct. 23, 2018, 132 Stat. 3771, as amended by Pub. L. 116–260, div. AA, title II, § 229, Dec. 27, 2020, 134 Stat. 2698, provided that: ‘‘(a) FINDINGS.—Congress finds the following: ‘‘(1) Congress plays a central role in identifying, prioritizing, and authorizing vital water resources in- frastructure activities throughout the United States. ‘‘(2) The Water Resources Reform and Development Act of 2014 (Public Law 113–121) established a new and transparent process to review and prioritize the water resources development activities of the Corps of Engineers with strong congressional oversight. ‘‘(3) Section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) requires the Secretary [of the Army] to develop and submit to Congress each year a Report to Congress on Future Water Resources Development and, as part of the an- nual report process, to— ‘‘(A) publish a notice in the Federal Register that requests from non-Federal interests proposed feasi- bility studies and proposed modifications to author- ized water resources development projects and fea- sibility studies for inclusion in the report; and ‘‘(B) review the proposals submitted and include in the report those proposed feasibility studies and proposed modifications that meet the criteria for inclusion established under such section 7001. ‘‘(4) Congress will use the information provided in the annual Report to Congress on Future Water Re- sources Development to determine authorization needs and priorities for purposes of water resources development legislation. ‘‘(5) To ensure that Congress can gain a thorough understanding of the water resources development needs and priorities of the United States, it is impor- tant that the Secretary take sufficient steps to en- sure that non-Federal interests are made aware of the new annual report process, including the need for non-Federal interests to submit proposals during the Secretary’s annual request for proposals in order for such proposals to be eligible for consideration by Congress. ‘‘(b) DISSEMINATION OF PROCESS INFORMATION.— ‘‘(1) IN GENERAL.—The Secretary shall develop, sup- port, and implement education and awareness efforts for non-Federal interests with respect to the annual Report to Congress on Future Water Resources Devel- opment required under section 7001 of the Water Re- sources Reform and Development Act of 2014 (33 U.S.C. 2282d), including efforts to— ‘‘(A) develop and disseminate technical assistance materials, seminars, and guidance on the annual process as it relates to non-Federal interests; ‘‘(B) provide written notice to local elected offi- cials and previous and potential non-Federal inter- ests on the annual process and on opportunities to address local water resources challenges through the missions and authorities of the Corps of Engi- neers; ‘‘(C) issue guidance for non-Federal interests to assist such interests in developing proposals for water resources development projects that satisfy the requirements of such section 7001; and ‘‘(D) provide, at the request of a non-Federal in- terest, assistance with researching and identifying existing project authorizations and Corps of Engi- neers decision documents. ‘‘(2) ANNUAL REPORTING.—Not less frequently than annually, the Secretary shall provide to the Com- mittee on Environment and Public Works of the Sen- ate and the Committee on Transportation and Infra- structure of the House of Representatives a written update on the progress of the implementation of paragraph (1), including a description of each edu- cation and outreach action the Secretary is taking to implement that paragraph. ‘‘(3) GUIDANCE; COMPLIANCE.—The Secretary shall— ‘‘(A) issue guidance on the uniform implementa- tion by each district of the Corps of Engineers of the process for submitting proposals under section 7001 of the Water Resources Reform and Develop- ment Act of 2014 (33 U.S.C. 2282d); and ‘‘(B) each year, ensure compliance with the guid- ance issued under subparagraph (A).’’ ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 113–121, set out as a note under section 2201 of this title. § 2282d–1. Report to Congress on authorized studies and projects (a) In general Not later than February 1 of each year, the Secretary shall develop and submit to Congress an annual report, to be entitled ‘‘Report to Con- gress on Authorized Water Resources Develop- ment Projects and Studies’’, that identifies— (1) ongoing or new feasibility studies, au- thorized within the previous 20 years, for which a Report of the Chief of Engineers has not been issued; (2) authorized feasibility studies for projects in the preconstruction, engineering and design phase; (3) ongoing or new water resources develop- ment projects authorized for construction within the previous 20 years; and (4) authorized and constructed water re- sources development projects the Secretary has the responsibility to operate or maintain. (b) Contents (1) Inclusions (A) Criteria The Secretary shall include in each report submitted under this section only a feasi-