USC - Annual report to Congress

View all text of Subchapter V [§ 2280 - § 2357]

§ 2282d. Annual report to Congress

(a) In generalNot later than February 1 of each year, the Secretary shall develop and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual report, to be entitled “Report to Congress on Future Water Resources Development”, that identifies the following:

(1) Feasibility reports

Each feasibility report that meets the criteria established in subsection (c)(1)(A).

(2) Proposed feasibility studies

Any proposed feasibility study submitted to the Secretary by a non-Federal interest pursuant to subsection (b) that meets the criteria established in subsection (c)(1)(A).

(3) Proposed modificationsAny proposed modification to an authorized water resources development project or feasibility study that meets the criteria established in subsection (c)(1)(A) that—

(A) is submitted to the Secretary by a non-Federal interest pursuant to subsection (b); or

(B) is identified by the Secretary for authorization.

(4) Programmatic modifications

Any programmatic modification for an environmental infrastructure assistance program.

(b) Requests for proposals

(1) Publication

Not later than May 1 of each year, the Secretary shall publish in the Federal Register a notice requesting proposals from non-Federal interests for proposed feasibility studies, proposed modifications to authorized water resources development projects and feasibility studies, and proposed modifications for an environmental infrastructure program to be included in the annual report.

(2) Deadline for requests

The Secretary shall include in each notice required by this subsection a requirement that non-Federal interests submit to the Secretary any proposals described in paragraph (1) by not later than 120 days after the date of publication of the notice in the Federal Register in order for the proposals to be considered for inclusion in the annual report.

(3) NotificationOn the date of publication of each notice required by this subsection, the Secretary shall—

(A) make the notice publicly available, including on the Internet; and

(B) provide written notification of the publication to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

(1) Feasibility reports, proposed feasibility studies, and proposed modifications

(A) Criteria for inclusion in reportThe Secretary shall include in the annual report only those feasibility reports, proposed feasibility studies, and proposed modifications to authorized water resources development projects and feasibility studies that—

(i) are related to the missions and authorities of the Corps of Engineers;

(ii) require specific congressional authorization, including by an Act of Congress;

(iii) have not been congressionally authorized;

(iv) have not been included in any previous annual report; and

(v) if authorized, could be carried out by the Corps of Engineers.

(B) Description of benefits

(i) Description

The Secretary shall describe in the annual report, to the extent applicable and practicable, for each proposed feasibility study and proposed modification to an authorized water resources development project or feasibility study included in the annual report, the benefits, as described in clause (ii), of each such study or proposed modification (including the water resources development project that is the subject of the proposed feasibility study or the proposed modification to an authorized feasibility study).

(ii) BenefitsThe benefits (or expected benefits, in the case of a proposed feasibility study) described in this clause are benefits to—(I) the protection of human life and property;(II) improvement to transportation;(III) the national, regional, or local economy;(IV) the environment; or(V) the national security interests of the United States.

(i) for each proposed feasibility study included in the annual report, the non-Federal interest that submitted the proposed feasibility study pursuant to subsection (b); and

(ii) for each proposed feasibility study and proposed modification to an authorized water resources development project or feasibility study included in the annual report, whether the non-Federal interest has demonstrated—(I) that local support exists for the proposed feasibility study or proposed modification to an authorized water resources development project or feasibility study (including the water resources development project that is the subject of the proposed feasibility study or the proposed modification to an authorized feasibility study); and(II) the financial ability to provide the required non-Federal cost share.

(D) Modifications of projects carried out pursuant to continuing authority programs

(i) In general

With respect to a project being carried out pursuant to a continuing authority program for which a proposed modification is necessary because the project is projected to exceed, in the coming fiscal year, the maximum Federal cost of the project, the Secretary shall include a proposed modification in the annual report if the proposed modification will result in completion of construction the 1

1 So in original. Probably should be preceded by “of”.

project and the justification for the modification is not the result of a change in the scope of the project.

(ii) InclusionFor each proposed modification included in an annual report under clause (i), the Secretary shall include in the annual report—(I) a justification of why the modification is necessary;(II) an estimate of the total cost and timeline required to complete construction of the project; and(III) an indication of continued support by the non-Federal interest and the financial ability of the non-Federal interest to provide the required cost-share.

(iii) DefinitionFor the purposes of this subparagraph, the term “continuing authority program” means any of—(I)section 701r of this title;(II)section 426g of this title;(III)section 577 of this title;(IV)section 426i of this title;(V)section 2326 of this title;(VI)section 701s of this title;(VII)section 2330 of this title;(VIII)section 701g of this title; and(IX)section 2309a of this title.

(2) TransparencyThe Secretary shall include in the annual report, for each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study included under paragraph (1)(A)—

(A) the name of the associated non-Federal interest, including the name of any non-Federal interest that has contributed, or is expected to contribute, a non-Federal share of the cost of—

(i) the feasibility report;

(ii) the proposed feasibility study;

(iii) the authorized feasibility study for which the modification is proposed; or

(iv) construction of—(I) the water resources development project that is the subject of—(aa) the feasibility report;(bb) the proposed feasibility study; or(cc) the authorized feasibility study for which a modification is proposed; or(II) the proposed modification to an authorized water resources development project;

(B) a letter or statement of support for the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study from each associated non-Federal interest;

(C) the purpose of the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study;

(D) an estimate, to the extent practicable, of the Federal, non-Federal, and total costs of—

(i) the proposed modification to an authorized feasibility study; and

(ii) construction of—(I) the water resources development project that is the subject of—(aa) the feasibility report; or(bb) the authorized feasibility study for which a modification is proposed, with respect to the change in costs resulting from such modification; or(II) the proposed modification to an authorized water resources development project; and

(E) an estimate, to the extent practicable, of the monetary and nonmonetary benefits of—

(i) the water resources development project that is the subject of—(I) the feasibility report; or(II) the authorized feasibility study for which a modification is proposed, with respect to the benefits of such modification; or

(ii) the proposed modification to an authorized water resources development project.

(3) Certification

The Secretary shall include in the annual report a certification stating that each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study included in the annual report meets the criteria established in paragraph (1)(A).

(4) Appendix

(A) In general

The Secretary shall include in the annual report an appendix listing the proposals submitted under subsection (b) that were not included in the annual report under paragraph (1)(A) and a description of why the Secretary determined that those proposals did not meet the criteria for inclusion under such paragraph.

(B) LimitationIn carrying out the activities described in this section—

(i) the Secretary shall not include proposals in the appendix of the annual report that otherwise meet the criteria for inclusion in the annual report solely on the basis of the Secretary’s determination that the proposal requires legislative changes to an authorized water resources development project, feasibility study, or environmental infrastructure program;

(ii) the Secretary shall not include proposals in the appendix of the annual report that otherwise meet the criteria for inclusion in the annual report solely on the basis that the proposals are for the purposes of navigation, flood risk management, ecosystem restoration, or municipal or agricultural water supply; and

(iii) the Secretary shall not include proposals in the appendix of the annual report that otherwise meet the criteria for inclusion in the annual report solely on the basis of a policy of the Secretary.

(d) Programmatic modifications in annual report

The Secretary shall include in the annual report only proposed modifications for an environmental infrastructure assistance program that have not been included in any previous annual report. For each proposed modification, the Secretary shall include a letter or statement of support for the proposed modification from each associated non-Federal interest, description of assistance provided, and total Federal cost of assistance provided.

(e) Special rule for initial annual reportNotwithstanding any other deadlines required by this section, the Secretary shall—

(1) not later than 60 days after June 10, 2014, publish in the Federal Register a notice required by subsection (b)(1); and

(2) include in such notice a requirement that non-Federal interests submit to the Secretary any proposals described in subsection (b)(1) by not later than 120 days after the date of publication of such notice in the Federal Register in order for such proposals to be considered for inclusion in the first annual report developed by the Secretary under this section.

(f) Publication

Upon submission of an annual report to Congress, the Secretary shall make the annual report publicly available, including through publication on the Internet.

(g) DefinitionsIn this section:

(1) Annual report

The term “annual report” means a report required by subsection (a).

(2) Feasibility report

(A) In general

The term “feasibility report” means a final feasibility report developed under section 2282 of this title.

(B) InclusionsThe term “feasibility report” includes—

(i) a report described in section 2215(d)(2) of this title; and

(ii) where applicable, any associated report of the Chief of Engineers.

(3) Feasibility study

The term “feasibility study” has the meaning given that term in section 2215 of this title.

(4) Non-Federal interest

The term “non-Federal interest” has the meaning given that term in section 1962d–5b of title 42.

(5) Water resources development project

The term “water resources development project” includes a project under an environmental infrastructure assistance program.

(Pub. L. 113–121, title VII, § 7001, June 10, 2014, 128 Stat. 1360; Pub. L. 114–322, title I, § 1157(b), Dec. 16, 2016, 130 Stat. 1666; Pub. L. 115–270, title I, § 1332(a), Oct. 23, 2018, 132 Stat. 3834; Pub. L. 116–260, div. AA, title I, § 127(a), Dec. 27, 2020, 134 Stat. 2640.)