33 U.S.C. § 2342 — Access to water resource data

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 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title. DEFINITIONS For definition of ‘‘economically disadvantaged com- munity’’ as used in this section, see section 160 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title. § 2342. Access to water resource data (a) In general Using available funds, the Secretary shall make publicly available, including on the Inter- net, all data in the custody of the Corps of Engi- neers on— (1) the planning, design, construction, oper- ation, and maintenance of water resources de- velopment projects; and (2) water quality and water management of projects owned, operated, or managed by the Corps of Engineers. (b) 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. (c) Timing The Secretary shall ensure that data is made publicly available under subsection (a) as quick- ly as practicable after the data is generated by the Corps of Engineers. (d) Partnerships In carrying out this section, the Secretary may develop partnerships, including through co- operative agreements, with State, tribal, and local governments and other Federal agencies. (Pub. L. 110–114, title II, § 2017, Nov. 8, 2007, 121 Stat. 1077; Pub. L. 114–322, title I, § 1135, Dec. 16, 2016, 130 Stat. 1656.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. AMENDMENTS 2016—Pub. L. 114–322 amended section generally. Prior to amendment, section related to access to water re- source data. Statutory Notes and Related Subsidiaries DATA TRANSPARENCY Pub. L. 116–260, div. AA, title I, § 158(b), Dec. 27, 2020, 134 Stat. 2662, provided that: ‘‘The Secretary [of the Army] shall prioritize making publicly available water resources data in the custody of the Corps of Engineers, as authorized by section 2017 of the Water Resources Development Act of 2007 (33 U.S.C. 2342).’’ ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 110–114, set out as a note under section 2201 of this title. § 2343. Independent peer review (a) Project studies subject to independent peer review (1) In general Project studies shall be subject to a peer re- view by an independent panel of experts as de- termined under this section. (2) Scope The peer review may include a review of the economic and environmental assumptions and projections, project evaluation data, economic analyses, environmental analyses, engineering analyses, formulation of alternative plans, methods for integrating risk and uncertainty, models used in evaluation of economic or envi- ronmental impacts of proposed projects, and any biological opinions of the project study.