33 U.S.C. § 579a — Untitled legal text

Page 139 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 579a § 578a. Disposition studies (a) In general In carrying out a disposition study for a project of the Corps of Engineers, including a disposition study under section 549a of this title or an assessment under section 6002 of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1349), the Sec- retary shall consider the extent to which the property concerned has economic, cultural, his- toric, or recreational significance or impacts at the national, State, or local level. (b) Completion of assessment and inventory Not later than 1 year after December 16, 2016, the Secretary shall complete the assessment and inventory required under section 6002(a) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1349). (Pub. L. 114–322, title I, § 1165, Dec. 16, 2016, 130 Stat. 1670.) Editorial Notes REFERENCES IN TEXT Section 6002 of the Water Resources Reform and De- velopment Act of 2014, referred to in text, is section 6002 of Pub. L. 113–121, title VI, June 10, 2014, 128 Stat. 1349, which is not classified to the Code. 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. § 578b. Disposition of projects (a) In general In carrying out a disposition study for a project of the Corps of Engineers, or a separable element of such a project, including a disposi- tion study under section 549a of this title, the Secretary shall consider modifications that would improve the overall quality of the envi- ronment in the public interest, including re- moval of the project or separable element of a project. (b) Disposition study transparency The Secretary shall carry out disposition studies described in subsection (a) in a trans- parent manner, including by— (1) providing opportunities for public input; and (2) publishing the final disposition studies. (c) Removal of infrastructure For disposition studies described in subsection (a) in which the Secretary determines that a Federal interest no longer exists, and makes a recommendation of removal of the project or separable element of a project, the Secretary is authorized, using existing authorities, to pursue removal of the project or separable element of a project in partnership with other Federal agen- cies and non-Federal entities with appropriate capabilities to undertake infrastructure re- moval. (Pub. L. 115–270, title I, § 1168, Oct. 23, 2018, 132 Stat. 3798.) Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 102 of Pub. L. 115–270, set out as a note under sec- tion 2201 of this title. § 579. Repealed. Pub. L. 101–640, title I, § 119(b), Nov. 28, 1990, 104 Stat. 4630 Section, Pub. L. 93–251, title I, § 12, Mar. 7, 1974, 88 Stat. 16; H. Res. 988, Oct. 8, 1974; Pub. L. 94–587, § 157(a), Oct. 22, 1976, 90 Stat. 2933; S. Res. 4, Feb. 4, 1977, pro- vided for deauthorization of projects of improvement of rivers and harbors and other waterways for navigation, beach erosion, flood control, and other purposes which the Secretary of the Army determined should no longer be authorized. § 579a. Corps budgeting; project deauthorizations; comprehensive backlog re- port (a) Funds to be obligated for construction to avoid deauthorization Any project authorized for construction by this Act shall not be authorized after the last day of the 5-year period beginning on November 17, 1986, unless during such period funds have been obligated for construction, including plan- ning and designing, of such project. (b) Transmission to Congress of list of unconstructed projects or separable ele- ments authorized but not receiving obliga- tions during 10 fiscal years preceding trans- mission; two-year updates of list (1) Not later than one year after November 17, 1986, the Secretary shall transmit to Congress a list of unconstructed projects, or unconstructed separable elements of projects, which have been authorized, but have received no obligations during the 10 full fiscal years preceding the transmittal of such list. A project or separable element included in such list is not authorized after December 31, 1989, if funds have not been obligated for construction of such project or ele- ment after November 17, 1986, and before Decem- ber 31, 1989. (2) COMPREHENSIVE CONSTRUCTION BACKLOG AND OPERATION AND MAINTENANCE REPORT.— (A) IN GENERAL.—The Secretary, once every 2 years, shall compile and publish— (i) a complete list of all projects and sepa- rable elements of projects of the Corps of Engineers that are authorized for construc- tion but have not been completed; (ii) a complete list of all feasibility studies of the Corps of Engineers that Congress has authorized the Secretary to carry out for which a Report of the Chief of Engineers has not been issued; (iii) a complete list of all environmental infrastructure projects authorized by Con- gress under section 219 of the Water Re- sources Development Act of 1992 (106 Stat. 4835); and (iv) a list of major Federal operation and maintenance needs of projects and prop- erties under the control of the Corps of Engi- neers. (B) REQUIRED INFORMATION.—The Secretary shall include on each list developed under Page 140 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 579a 1 So in original. clause (i), (ii), or (iii) of subparagraph (A) for each feasibility study, project, and separable element on that list— (i) the date of authorization of the feasi- bility study, project, or separable element, including any subsequent modifications to the original authorization; (ii) the original budget authority for the feasibility study, project, or separable ele- ment; (iii) a brief description of the feasibility study, project, or separable element; (iv) the estimated date of completion of the feasibility study, project, or separable element, assuming all capability is fully funded; (v) the estimated total cost of completion of the feasibility study, project, or separable element; (vi) the amount of funds spent on the feasi- bility study, project, or separable element, including Federal and non-Federal funds; (vii) the amount of appropriations esti- mated to be required in each fiscal year dur- ing the period of construction to complete the project or separable element by the date specified under clause (iv); (viii) the location of the feasibility study, project, or separable element; (ix) a statement from the non-Federal in- terest for the project or separable element indicating the non-Federal interest’s capa- bility to provide the required local coopera- tion estimated to be required for the project or separable element in each fiscal year dur- ing the period of construction; (x) the benefit-cost ratio of the project or separable element, calculated using the dis- count rate specified by the Office of Manage- ment and Budget for purposes of preparing the President’s budget pursuant to chapter 11 of title 31; (xi) the benefit-cost ratio of the project or separable element, calculated using the dis- count rate utilized by the Corps of Engineers for water resources development project planning pursuant to section 1962d–17 of title 42; and (xii) the last fiscal year in which the project or separable element incurred obliga- tions. (C) REQUIRED OPERATION AND MAINTENANCE INFORMATION.—The Secretary shall include on the list developed under subparagraph (A)(iv), for each project and property under the con- trol of the Corps of Engineers on that list— (i) the authority under which the project was authorized or the property was acquired by the Corps of Engineers; (ii) a brief description of the project or property; (iii) an estimate of the Federal costs to meet the major operation and maintenance needs at the project or property; and (iv) an estimate of unmet or deferred oper- ation and maintenance needs at the project or property. (D) PUBLICATION.— (i) IN GENERAL.—For fiscal year 2020, and once every 2 years thereafter, in conjunction with the President’s annual budget submis- sion to Congress under section 1105(a) of title 31, the Secretary shall submit a copy of the lists developed under subparagraph (A) to— (I) the Committee on Environment and Public Works and the Committee on Ap- propriations of the Senate and the Com- mittee on Transportation and Infrastruc- ture and the Committee on Appropriations of the House of Representatives; and (II) the Director of the Office of Manage- ment and Budget. (ii) PUBLIC AVAILABILITY.—The Secretary shall make a copy of the lists available on a publicly accessible website site 1 in a manner that is downloadable, searchable, and sort- able. (Pub. L. 99–662, title X, § 1001, Nov. 17, 1986, 100 Stat. 4201; Pub. L. 101–640, title I, § 119(a), Nov. 28, 1990, 104 Stat. 4630; Pub. L. 104–303, title II, § 228(a), Oct. 12, 1996, 110 Stat. 3703; Pub. L. 106–109, § 8(d), Nov. 24, 1999, 113 Stat. 1496; Pub. L. 110–114, title II, § 2046, Nov. 8, 2007, 121 Stat. 1105; Pub. L. 113–121, title VI, § 6001(b), June 10, 2014, 128 Stat. 1345; Pub. L. 115–270, title I, § 1154(a), Oct. 23, 2018, 132 Stat. 3791; Pub. L. 116–260, div. AA, title III, § 360(b), Dec. 27, 2020, 134 Stat. 2732.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, known as the Water Re- sources Development Act of 1986. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables. Section 219 of the Water Resources Development Act of 1992, referred to in subsec. (b)(2)(A)(iii), is section 219 of Pub. L. 102–580, title II, Oct. 31, 1992, 106 Stat. 4835, which is not classified to the Code. AMENDMENTS 2020—Subsec. (b)(2), (3). Pub. L. 116–260, § 360(b)(1), re- designated par. (3) as (2) and struck out former par. (2) which related to project deauthorizations and notifica- tion to Congress. Subsec. (c). Pub. L. 116–260, § 360(b)(2), struck out sub- sec. (c). Prior to amendment, text read as follows: ‘‘The Secretary shall publish in the Federal Register a list of any projects or separable elements that are deauthor- ized under this section.’’ 2018—Pub. L. 115–270, § 1154(a)(1), substituted ‘‘Corps budgeting; project deauthorizations; comprehensive backlog report’’ for ‘‘Project deauthorizations’’ in sec- tion catchline. Subsec. (b)(3), (4). Pub. L. 115–270, § 1154(a)(2), added pars. (3) and (4) and struck out former pars. (3) and (4) which related to minimum funding lists and com- prehensive backlog reports, respectively. 2014—Subsec. (b)(3), (4). Pub. L. 113–121 added pars. (3) and (4). 2007—Subsec. (b)(2). Pub. L. 110–114, § 2046(3), which di- rected the substitution of ‘‘such period’’ for ‘‘such 30 month period’’ in last sentence, was executed by mak- ing the substitution for ‘‘such 30-month period’’ to re- flect the probable intent of Congress. Pub. L. 110–114, § 2046(2), in last sentence, substituted ‘‘the last date of the fiscal year following the fiscal year in which’’ for ‘‘30 months after the date’’. Pub. L. 110–114, § 2046(1), in first sentence, substituted ‘‘year’’ for ‘‘two years’’ and ‘‘5’’ for ‘‘7’’. 1999—Subsec. (b)(2). Pub. L. 106–109, in first sentence, substituted ‘‘Notwithstanding section 3003 of Public Page 141 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 579d–2 Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), every’’ for ‘‘Every’’. 1996—Subsec. (b)(2). Pub. L. 104–303 substituted ‘‘7 full’’ for ‘‘10 full’’, ‘‘Upon submission’’ for ‘‘Before sub- mission’’, and ‘‘for the planning, design, or construc- tion’’ for ‘‘for construction’’. 1990—Subsec. (b)(2). Pub. L. 101–640 inserted after first sentence ‘‘Before submission of such list to Congress, the Secretary shall notify each Senator in whose State, and each Member of the House of Representatives in whose district, a project (including any part thereof) on such list would be located.’’ Statutory Notes and Related Subsidiaries SAVINGS CLAUSE Pub. L. 115–270, title I, § 1332(b), Oct. 23, 2018, 132 Stat. 3835, provided that: ‘‘Notwithstanding the third sen- tence of section 1001(b)(2) of the Water Resources De- velopment Act of 1986 (former 33 U.S.C. 579a(b)(2)), projects and separable elements of projects identified in the fiscal year 2017 report prepared in accordance with such section and submitted to Congress on Decem- ber 15, 2016, shall not be deauthorized unless such projects and separable elements meet the requirements of section 1301(b)(1)(A) of the Water Resources Develop- ment Act of 2016 (130 Stat. 1687) [former 33 U.S.C. 579d(b)(1)(A)].’’ PROJECT DEAUTHORIZATIONS; EXTENSION OF LIMITATION ON PERIOD OF AUTHORIZATION Pub. L. 100–676, § 52(a), Nov. 17, 1988, 102 Stat. 4044, which provided that subsecs. (a) and (c) of this section applied to projects authorized for construction by Pub. L. 100–676 (see Short Title of 1988 Amendment note set out under section 2201 of this title), except that the 5- year period during which funds had to be obligated to prevent deauthorization began on Nov. 17, 1988, and were also to apply to projects authorized for construc- tion subsequent to Pub. L. 100–676, except that 5-year period during which funds had to be obligated to pre- vent deauthorization began on the date of the author- ization of such projects, was repealed by Pub. L. 104–303, title II, § 228(b)(1), Oct. 12, 1996, 110 Stat. 3703. ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2201 of this title. § 579b. Omitted Editorial Notes CODIFICATION Section, Pub. L. 113–121, title VI, § 6001, June 10, 2014, 128 Stat. 1345; Pub. L. 114–322, title I, § 1301(g), Dec. 16, 2016, 130 Stat. 1690, consisted of subsecs. (a) to (f) relat- ing to deauthorization of inactive projects authorized for construction before Nov. 8, 2007. Subsecs. (a) and (c) to (f) were repealed by Pub. L. 114–322, title I, § 1301(g), Dec. 16, 2016, 130 Stat. 1690. Subsec. (b) of section 6001 of Pub. L. 113–121 amended section 579a of this title. § 579c. Repealed. Pub. L. 116–260, div. AA, title III, § 360(d), Dec. 27, 2020, 134 Stat. 2733 Section, Pub. L. 113–121, title VI, § 6003, June 10, 2014, 128 Stat. 1349; Pub. L. 115–270, title I, § 1330(a), Oct. 23, 2018, 132 Stat. 3827, related to backlog prevention per- taining to projects from Public Law 113–121. § 579c–1. Repealed. Pub. L. 116–260, div. AA, title III, § 360(f), Dec. 27, 2020, 134 Stat. 2733 Section, Pub. L. 114–322, title I, § 1302, Dec. 16, 2016, 130 Stat. 1690, related to backlog prevention pertaining to projects from Public Law 114–322. § 579c–2. Repealed. Pub. L. 116–260, div. AA, title III, § 360(h), Dec. 27, 2020, 134 Stat. 2733 Section, Pub. L. 115–270, title I, § 1302, Oct. 23, 2018, 132 Stat. 3817, related to backlog prevention pertaining to projects from Public Law 115–270. § 579d. Repealed. Pub. L. 116–260, div. AA, title III, § 360(e), Dec. 27, 2020, 134 Stat. 2733 Section, Pub. L. 114–322, title I, § 1301, Dec. 16, 2016, 130 Stat. 1686, related to deauthorization of inactive projects as of Public Law 114–322. § 579d–1. Repealed. Pub. L. 116–260, div. AA, title III, § 360(g), Dec. 27, 2020, 134 Stat. 2733 Section, Pub. L. 115–270, title I, § 1301, Oct. 23, 2018, 132 Stat. 3814, related to deauthorization of inactive projects as of Public Law 115–270. § 579d–2. Deauthorization of inactive projects (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 via- ble for construction due to— (A) a lack of local support; (B) a lack of available Federal or non-Fed- eral 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 re- sources development projects and separable elements that are no longer viable for con- struction; and (3) to allow the continued authorization of water resources development projects and sep- arable elements that are viable for construc- tion. (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 back- log and operation and maintenance re- port The Secretary may develop the prelimi- nary list from the comprehensive construc- tion backlog and operation and maintenance reports developed pursuant to section 579a(b)(2) of this title.