33 U.S.C. § 2282g — Scope of feasibility studies

Page 775 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2282g § 2282e. Post-authorization change reports (a) In general The completion of a post-authorization change report prepared by the Corps of Engineers for a water resources development project— (1) may not be delayed as a result of consid- eration being given to changes in policy or pri- ority with respect to project consideration; and (2) shall be submitted, upon completion, to— (A) the Committee on Environment and Public Works of the Senate; and (B) the Committee on Transportation and Infrastructure of the House of Representa- tives. (b) Completion review With respect to a post-authorization change report subject to review by the Secretary, the Secretary shall, not later than 120 days after the date of completion of such report— (1) review the report; and (2) provide to Congress any recommenda- tions of the Secretary regarding modification of the applicable water resources development project. (c) Prior reports Not later than 120 days after December 16, 2016, with respect to any post-authorization change report that was completed prior to De- cember 16, 2016, and is subject to a review by the Secretary that has yet to be completed, the Sec- retary shall complete review of, and provide rec- ommendations to Congress with respect to, the report. (d) Post-authorization change report inclusions In this section, the term ‘‘post-authorization change report’’ includes— (1) a general reevaluation report; (2) a limited reevaluation report; and (3) any other report that recommends the modification of an authorized water resources development project. (Pub. L. 114–322, title I, § 1132, Dec. 16, 2016, 130 Stat. 1653.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water Infrastructure Improvements for the Nation Act, also known as the WIIN Act, 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 1002 of Pub. L. 114–322, set out as a note under sec- tion 2201 of this title. § 2282f. Review of resiliency assessments (a) Resiliency assessment (1) In general Not later than 180 days after December 27, 2020, and in conjunction with the development of procedures under section 1962–4 of title 42, the Secretary is directed to review, and where appropriate, revise the existing planning guid- ance documents and regulations of the Corps of Engineers on the assessment of the effects of sea level rise or inland flooding on future water resources development projects to en- sure that such guidance documents and regu- lations are based on the best available, peer- reviewed science and data on the current and future effects of sea level rise or inland flood- ing on relevant communities. (2) Coordination In carrying out this subsection, the Sec- retary shall— (A) coordinate the review with the Engi- neer Research and Development Center, other Federal and State agencies, and other relevant entities; and (B) to the maximum extent practicable and where appropriate, utilize data provided to the Secretary by such agencies. (b) Assessment of benefits from addressing sea level rise and inland flooding resiliency in feasibility reports (1) In general Upon the request of a non-Federal interest, in carrying out a feasibility study for a project for flood risk mitigation, hurricane and storm damage risk reduction, or eco- system restoration under section 2282 of this title, the Secretary shall consider whether the need for the project is predicated upon or ex- acerbated by conditions related to sea level rise or inland flooding. (2) Addressing sea level rise and inland flood- ing resiliency benefits To the maximum extent practicable, in car- rying out a study pursuant to paragraph (1), the Secretary shall document the potential ef- fects of sea level rise or inland flooding on the project, and the expected benefits of the project relating to sea level rise or inland flooding, during the 50-year period after the date of completion of the project. (Pub. L. 116–260, div. AA, title I, § 113, Dec. 27, 2020, 134 Stat. 2626.) 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 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title. § 2282g. Scope of feasibility studies (a) Flood risk management or hurricane and storm damage risk reduction In carrying out a feasibility study for a project for flood risk management or hurricane and storm damage risk reduction, the Secretary, Page 776 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2282h at the request of the non-Federal interest for the study, shall formulate alternatives to maxi- mize the net benefits from the reduction of the comprehensive flood risk within the geographic scope of the study from the isolated and com- pound effects of— (1) a riverine discharge of any magnitude or frequency; (2) inundation, wave attack, and erosion co- inciding with a hurricane or coastal storm; (3) flooding associated with tidally influ- enced portions of rivers, bays, and estuaries that are hydrologically connected to the coastal water body; (4) a rainfall event of any magnitude or fre- quency; (5) a tide of any magnitude or frequency; (6) seasonal variation in water levels; (7) groundwater emergence; (8) sea level rise; (9) subsidence; or (10) any other driver of flood risk affecting the area within the geographic scope of the study. (b) Water supply, water conservation, and drought risk reduction In carrying out a feasibility study for any pur- pose, the Secretary, at the request of the non- Federal interest for the study, shall formulate alternatives— (1) to maximize combined net benefits for the primary purpose of the study and for the purposes of water supply or water conserva- tion (including the use of water supply con- servation measures described in section 1116 of the Water Resources Development Act of 2016 (130 Stat. 1639)); or (2) to include 1 or more measures for the purposes of water supply or water conserva- tion if the Secretary determines that such measures may reduce potential adverse im- pacts of extreme weather events, including drought, on water resources within the geo- graphic scope of the study. (c) Cost sharing All costs to carry out a feasibility study in ac- cordance with this section shall be shared in ac- cordance with the cost share requirements oth- erwise applicable to the study. (Pub. L. 117–263, div. H, title LXXXI, § 8106, Dec. 23, 2022, 136 Stat. 3699.) Editorial Notes REFERENCES IN TEXT Section 1116 of the Water Resources Development Act of 2016, referred to in subsec. (b)(1), is section 1116 of Pub. L. 114–322, title I, Dec. 16, 2016, 130 Stat. 1639, which is not classified to the Code. CODIFICATION Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fis- cal Year 2023, 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 8002 of Pub. L. 117–263, set out as a note under sec- tion 2201 of this title. § 2282h. Economic, hydraulic, and hydrologic modeling (a) Model development The Secretary, in collaboration with other Federal and State agencies, National Labora- tories, and nonprofit research institutions (in- cluding institutions of higher education and centers and laboratories focused on economics or water resources), shall develop, update, and maintain economic, hydraulic, and hydrologic models, including models for compound flood- ing, for use in the planning, design formulation, modification, and operation of water resources development projects and water resources plan- ning. (b) Coordination and use of models and data In carrying out subsection (a), to the extent practicable, the Secretary shall— (1) work with the non-Federal interest for a water resources development project to iden- tify existing relevant economic, hydraulic, and hydrologic models and data; (2) utilize, where appropriate, economic, hy- draulic, and hydrologic models and data pro- vided to the Secretary by the agencies, labora- tories, and institutions described in subsection (a); and (3) upon written request by a non-Federal in- terest for a project, provide to the non-Federal interest draft or working economic, hydraulic, and hydrologic models, and any data gen- erated by such models with respect to the project, not later than 30 days after receiving such request; and (4) in accordance with section 2342 of this title, make final economic, hydraulic, and hy- drologic models, and any data generated by such models, available to the public, as quick- ly as practicable, but not later than 30 days after receiving a written request for such mod- els or data. (c) Limitation Nothing in this section may be construed to compel or authorize the disclosure of data or other information determined by the Secretary to be confidential information, privileged infor- mation, law enforcement information, national security information, infrastructure security in- formation, personal information, or information the disclosure of which is otherwise prohibited by law. (d) Model outputs To the extent practicable and appropriate, the Secretary shall incorporate data generated by models developed under this section into the for- mulation of feasibility studies for, and the oper- ation of, water resources development projects. (e) Funding The Secretary is authorized, to the extent and in the amounts provided in advance in appro- priations Acts, to transfer to other Federal and State agencies, National Laboratories, and non- profit research institutions, including institu- tions of higher education, such funds as may be necessary to carry out subsection (a) from amounts available to the Secretary. (f) In-kind contribution credit A partnership agreement entered into under section 1962d–5b of title 42 may provide, at the