33 U.S.C. § 2282a — Planning

Page 767 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2282a DEFINITIONS For definition of ‘‘economically disadvantaged com- munity’’ as used in subsec. (b) of this section, see sec- tion 160 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title. § 2282a. Planning (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 in- cludes any recommended amendments to section 2280 of this title. (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 as- sociated review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Chief of Engineers shall use such benchmarks as a management tool to make the feasibility study process more effi- cient in all districts of the Corps of Engineers. (2) Benchmark goals The Chief of Engineers shall establish, to the extent practicable, under paragraph (1) bench- mark goals for completion of feasibility stud- ies for water resources projects generally within 2 years. In the case of feasibility stud- ies 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 gen- erally within 4 years. (d) Calculation of benefits and costs for flood damage reduction projects A feasibility study for a project for flood dam- age reduction shall include, as part of the cal- culation of benefits and costs— (1) a calculation of the residual risk of flood- ing following completion of the proposed project; (2) a calculation of the residual risk of loss of human life and residual risk to human safe- ty following completion of the proposed project; (3) a calculation of any upstream or down- stream impacts of the proposed project; and (4) calculations to ensure that the benefits and costs associated with structural and non- structural alternatives are evaluated in an eq- uitable manner. (e) Centers of specialized planning expertise (1) Establishment The Secretary may establish centers of ex- pertise to provide specialized planning exper- tise for water resources projects to be carried out by the Secretary in order to enhance and supplement the capabilities of the districts of the Corps of Engineers. (2) Duties A center of expertise established under this subsection shall— (A) provide technical and managerial as- sistance to district commanders of the Corps of Engineers for project planning, develop- ment, and implementation; (B) provide agency peer reviews of new major scientific, engineering, or economic methods, models, or analyses that will be used to support decisions of the Secretary with respect to feasibility studies for water resources projects; (C) provide support for independent peer review panels under section 2343 of this title; and (D) carry out such other duties as are pre- scribed by the Secretary. (3) Deep draft navigation planning center of expertise (A) In general The Secretary shall consolidate deep draft navigation expertise within the Corps of En- gineers into a deep draft navigation plan- ning center of expertise. (B) List Not later than 60 days after the date of the consolidation required under subparagraph (A), the Secretary shall submit to the Com- mittee on Environment and Public Works of the Senate and the Committee on Transpor- tation and Infrastructure of the House of Representatives a list of the grade levels and expertise of each of the personnel assigned to the center described in subparagraph (A). (f) Completion of Corps of Engineers reports (1) Alternatives (A) In general Feasibility and other studies and assess- ments for a water resources project shall in- clude recommendations for alternatives— (i) that, as determined in coordination with the non-Federal interest for the project, promote integrated water re- sources management; and (ii) for which the non-Federal interest is willing to provide the non-Federal share for the studies or assessments. (B) Constraints The alternatives contained in studies and assessments described in subparagraph (A) shall not be constrained by budgetary or other policy. (C) Reports of Chief of Engineers The reports of the Chief of Engineers shall identify any recommendation that is not the best technical solution to water resource needs and problems and the reason for the deviation. (2) Report completion The completion of a report of the Chief of Engineers for a water resources project— Page 768 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2282b (A) shall not be delayed while consider- ation is being given to potential changes in policy or priority for project consideration; and (B) shall be submitted, on completion, to— (i) the Committee on Environment and Public Works of the Senate; and (ii) the Committee on Transportation and Infrastructure of the House of Rep- resentatives. (g) Completion review (1) In general Except as provided in paragraph (2), not later than 120 days after the date of comple- tion of a report of the Chief of Engineers that recommends to Congress a water resources project, the Secretary shall— (A) review the report; and (B) provide any recommendations of the Secretary regarding the water resources project to Congress. (2) Prior reports Not later than 180 days after November 8, 2007, with respect to any report of the Chief of Engineers recommending a water resources project that is complete prior to November 8, 2007, the Secretary shall complete review of, and provide recommendations to Congress for, the report in accordance with paragraph (1). (Pub. L. 110–114, title II, § 2033, Nov. 8, 2007, 121 Stat. 1084; Pub. L. 113–121, title II, § 2103, June 10, 2014, 128 Stat. 1278.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (c)(1), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. CODIFICATION Section is comprised of section 2033 of Pub. L. 110–114. Subsec. (a) of section 2033 of Pub. L. 110–114 amended section 2281 of this title. 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 2014—Subsec. (e)(3). Pub. L. 113–121 added par. (3). Statutory Notes and Related Subsidiaries ‘‘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. § 2282b. Submission of reports to Congress Beginning on January 17, 2014, and hereafter, not later than 120 days after the date of the Chief of Engineers Report on a water resource matter, the Assistant Secretary of the Army (Civil Works) shall submit the report to the ap- propriate authorizing and appropriating com- mittees of the Congress. (Pub. L. 113–76, div. D, title I, § 104, Jan. 17, 2014, 128 Stat. 157.) Editorial Notes CODIFICATION Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2014, and also as part of the Consolidated Appropria- tions Act, 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. § 2282c. Vertical integration and acceleration of studies (a) In general To the extent practicable, a feasibility study initiated by the Secretary, after June 10, 2014, under section 2282(a) of this title shall— (1) result in the completion of a final feasi- bility report not later than 4 years after the date on which the Secretary determines the Federal interest for purposes of the report pur- suant to section 2282(b) of this title; (2) have a maximum total cost of $5,000,000; and (3) ensure that personnel from the district, division, and headquarters levels of the Corps of Engineers concurrently conduct the review required under that section. (b) Extension If the Secretary determines that a feasibility study described in subsection (a) will not be con- ducted in accordance with subsection (a), the Secretary, not later than 30 days after the date of making the determination, shall— (1) prepare an updated feasibility study schedule and cost estimate; (2) notify the non-Federal feasibility cost- sharing partner that the feasibility study has been delayed; and (3) provide written notice to the Committee on Environment and Public Works of the Sen- ate and the Committee on Transportation and Infrastructure of the House of Representatives as to the reasons the requirements of sub- section (a) are not attainable. (c) Exception (1) In general The Secretary may extend the timeline of a study by a period not to exceed 3 years, if the Secretary determines that the feasibility study is too complex to comply with the re- quirements of subsection (a). (2) Factors In making a determination that a study is too complex to comply with the requirements of subsection (a), the Secretary shall con- sider— (A) the type, size, location, scope, and overall cost of the project; (B) whether the project will use any inno- vative design or construction techniques; (C) whether the project will require signifi- cant action by other Federal, State, or local agencies; (D) whether there is significant public dis- pute as to the nature or effects of the project; and (E) whether there is significant public dis- pute as to the economic or environmental costs or benefits of the project.