33 U.S.C. § 2281b — Corps of Engineers support for under-

Page 760 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2281b 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. § 2281b. Corps of Engineers support for under- served communities; outreach (a) In general It is the policy of the United States for the Corps of Engineers to strive to understand and accommodate and, in coordination with non- Federal interests, seek to address the water re- sources development needs of all communities in the United States. (b) Outreach and access (1) In general The Secretary shall, at Federal expense, de- velop, support, and implement public aware- ness, education, and regular outreach and en- gagement efforts for potential non-Federal in- terests with respect to the water resources de- velopment authorities of the Secretary, with particular emphasis on— (A) technical service programs, including the authorities under— (i) section 709a of this title; (ii) section 1962d–16 of title 42; and (iii) section 2269 of this title; (B) continuing authority programs, as such term is defined in section 2282d(c)(1)(D) of this title; and (C) ensuring that a potential non-Federal interest is aware of the roles, responsibil- ities, and financial commitments associated with a completed water resources develop- ment project prior to initiating a feasibility study (as defined in section 2215(d) of this title), including operations, maintenance, repair, replacement, and rehabilitation re- sponsibilities. (2) Implementation In carrying out this subsection, the Sec- retary shall— (A) develop and make publicly available (including on a publicly available website), technical assistance materials, guidance, and other information with respect to the water resources development authorities of the Secretary; (B) designate and make publicly available a community project advisor at each district and division office of the Corps of Engineers for— (i) inquiries from potential non-Federal interests relating to the water resources development authorities of the Secretary; and (ii) any other responsibilities as deter- mined by the Secretary that are appro- priate to carry out this section; (C) conduct regular outreach and engage- ment, including through hosting seminars and community information sessions, with local elected officials, community organiza- tions, and previous and potential non-Fed- eral interests, on opportunities to address local water resources challenges through the water resources development authorities of the Secretary; (D) issue guidance for, and provide tech- nical assistance through technical service programs to, non-Federal interests to assist such interests in pursuing technical services and developing proposals for water resources development projects; (E) provide, at the request of a non-Fed- eral interest, assistance with researching and identifying existing project authoriza- tions or authorities to address local water resources challenges; and (F) to the maximum extent practicable— (i) develop and continue to make pub- licly available, through a publicly avail- able existing website, information on the projects and studies within the jurisdic- tion of each district of the Corps of Engi- neers; and (ii) ensure that the information de- scribed in clause (i) is consistent and made publicly available in the same manner across all districts of the Corps of Engi- neers. (3) Guidance The Secretary shall develop and issue guid- ance to ensure that community project advi- sors designated under paragraph (2)(B) are ade- quately fulfilling their obligations under that paragraph. (4) Prioritization In carrying out this subsection, the Sec- retary shall, to the maximum extent prac- ticable, prioritize awareness, education, and outreach and engagement to economically dis- advantaged communities (as defined by the Secretary under section 160 of the Water Re- sources Development Act of 2020 (33 U.S.C. 2201 note)), including economically disadvantaged communities located in urban and rural areas. (5) Authorization of appropriations There is authorized to be appropriated to carry out this section $30,000,000 for each fiscal year. (Pub. L. 117–263, div. H, title LXXXI, § 8117, Dec. 23, 2022, 136 Stat. 3709; Pub. L. 118–272, div. A, title I, § 1101(a), Jan. 4, 2025, 138 Stat. 2996.) Editorial Notes REFERENCES IN TEXT Section 160 of the Water Resources Development Act of 2020, referred to in subsec. (b)(4), is section 160 of div. AA of Pub. L. 116–260, which is set out as a note under section 2201 of this title. 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. AMENDMENTS 2025—Subsec. (b)(1)(C). Pub. L. 118–272, § 1101(a)(1), added subpar. (C). Page 761 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2281c Subsec. (b)(2)(B). Pub. L. 118–272, § 1101(a)(2)(A), added subpar. (B) and struck out former subpar. (B) which read as follows: ‘‘establish and make publicly available (including on a publicly available website), an appro- priate point of contact at each district and division of- fice of the Corps of Engineers for inquiries from poten- tial non-Federal interests relating to the water re- sources development authorities of the Secretary;’’. Subsec. (b)(2)(F). Pub. L. 118–272, § 1101(a)(2)(B)–(D), added subpar. (F). Subsec. (b)(3) to (5). Pub. L. 118–272, § 1101(a)(3), (4), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively. Statutory Notes and Related Subsidiaries TRIBAL AND ECONOMICALLY DISADVANTAGED COMMUNITIES ADVISORY COMMITTEE Pub. L. 117–263, div. H, title LXXXI, § 8115, Dec. 23, 2022, 136 Stat. 3707, provided that: ‘‘(a) ESTABLISHMENT.—Not later than 90 days after the date of enactment of this Act [Dec. 23, 2022], the Secretary [of the Army] shall establish a committee, to be known as the ‘Tribal and Economically Disadvan- taged Communities Advisory Committee’, to develop and make recommendations to the Secretary and the Chief of Engineers on activities and actions that should be undertaken by the Corps of Engineers to ensure more effective delivery of water resources development projects, programs, and other assistance to Indian Tribes and economically disadvantaged communities, including economically disadvantaged communities lo- cated in urban and rural areas. ‘‘(b) MEMBERSHIP.—The Committee shall be composed of members, appointed by the Secretary, who have the requisite experiential or technical knowledge needed to address issues related to the water resources needs and challenges of economically disadvantaged communities and Indian Tribes, including— ‘‘(1) 5 individuals representing organizations with expertise in environmental policy, rural water re- sources, economically disadvantaged communities, Tribal rights, or civil rights; and ‘‘(2) 5 individuals, each representing a non-Federal interest for a Corps of Engineers project. ‘‘(c) DUTIES.— ‘‘(1) RECOMMENDATIONS.—The Committee shall pro- vide advice and make recommendations to the Sec- retary and the Chief of Engineers to assist the Corps of Engineers in— ‘‘(A) efficiently and effectively delivering solu- tions to the needs and challenges of water resources development projects for economically disadvan- taged communities and Indian Tribes; ‘‘(B) integrating consideration of economically disadvantaged communities and Indian Tribes, where applicable, in the development of water re- sources development projects and programs of the Corps of Engineers; and ‘‘(C) improving the capability and capacity of the workforce of the Corps of Engineers to assist eco- nomically disadvantaged communities and Indian Tribes. ‘‘(2) MEETINGS.—The Committee shall meet as ap- propriate to develop and make recommendations under paragraph (1). ‘‘(3) REPORT.—Recommendations made under para- graph (1) shall be— ‘‘(A) included in a report submitted to the Com- mittee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and ‘‘(B) made publicly available, including on a pub- licly available website. ‘‘(d) INDEPENDENT JUDGMENT.—Any recommendation made by the Committee to the Secretary and the Chief of Engineers under subsection (c)(1) shall reflect the independent judgment of the Committee. ‘‘(e) ADMINISTRATION.— ‘‘(1) COMPENSATION.—Except as provided in para- graph (3), the members of the Committee shall serve without compensation. ‘‘(2) TRAVEL EXPENSES.—The members of the Com- mittee shall receive travel expenses, including per diem in lieu of subsistence, in accordance with appli- cable provisions under subchapter I of chapter 57 of title 5, United States Code. ‘‘(3) TREATMENT.—The members of the Committee shall not be considered to be Federal employees, and the meetings and reports of the Committee shall not be considered a major Federal action under the Na- tional Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ‘‘(f) DEFINITIONS.—In this section: ‘‘(1) COMMITTEE.—The term ‘Committee’ means the Tribal and Economically Disadvantaged Commu- nities Advisory Committee established under sub- section (a). ‘‘(2) ECONOMICALLY DISADVANTAGED COMMUNITY.— The term ‘economically disadvantaged community’ has the meaning given the term as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 [div. AA of Pub. L. 116–260] (33 U.S.C. 2201 note). ‘‘(3) INDIAN TRIBE.—The term ‘Indian Tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).’’ ‘‘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. § 2281c. Continuing authority programs (a) Community revitalization program (1) In general Not later than 180 days after December 27, 2020, the Secretary shall implement a pro- gram, in accordance with this subsection, for carrying out a project under a continuing au- thority program for an economically disadvan- taged community. (2) Participation in program In carrying out paragraph (1), the Secretary shall— (A) solicit project proposals from non-Fed- eral interests by posting program informa- tion on a public-facing website and reaching out to non-Federal interests that have pre- viously submitted relevant project proposals to the Secretary; and (B) review such proposals and select projects, taking into consideration geo- graphic diversity among the selected projects. (3) Cost share Notwithstanding the cost share authorized for the applicable continuing authority pro- gram, the Federal share of the cost of a project selected under paragraph (2) shall be 100 percent. (4) Continuing authority program defined In this subsection, the term ‘‘continuing au- thority program’’ has the meaning given that term in section 2282d(c)(1)(D) of this title. (5) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $150,000,000 for each fiscal year.