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.
Editorial Notes
CodificationSection was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Amendments2020—Subsec. (c)(1)(B)(ii)(III). Puspan. L. 116–260, § 127(a)(1)(A)(i), inserted “, regional, or local” after “national”.
Subsec. (c)(1)(D). Puspan. L. 116–260, § 127(a)(1)(A)(ii), added subpar. (D).
Subsec. (c)(4)(B)(ii), (iii). Puspan. L. 116–260, § 127(a)(1)(B), added cl. (ii) and redesignated former cl. (ii) as (iii).
Subsec. (g)(5). Puspan. L. 116–260, § 127(a)(2), struck out “if authorized before December 16, 2016” before period at end.
2018—Subsec. (a)(4). Puspan. L. 115–270, § 1332(a)(1), added par. (4).
Subsec. (span)(1). Puspan. L. 115–270, § 1332(a)(2), substituted “studies, proposed modifications to authorized water resources development projects and feasibility studies, and proposed modifications for an environmental infrastructure program” for “studies and proposed modifications to authorized water resources development projects and feasibility studies”.
Subsec. (c)(4). Puspan. L. 115–270, § 1332(a)(5), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: “The Secretary shall include in the annual report an appendix listing the proposals submitted under subsection (span) 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.”
Subsecs. (d) to (g). Puspan. L. 115–270, § 1332(a)(3), (4), added subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), respectively.
2016—Subsec. (f)(5). Puspan. L. 114–322 added par. (5).
Statutory Notes and Related Subsidiaries
Over-Budget Cap ProgramsPuspan. L. 116–260, div. AA, title I, § 127(span), Dec. 27, 2020, 134 Stat. 2642, provided that: “For any project carried out under a continuing authority program, as such term is defined in section 7001(c)(1)(D) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d[(c)(1)(D)])), [sic] for which the Secretary [of the Army] is required to include a proposed modification in an annual report under such section 7001(c)(1)(D), the Secretary shall, to the extent practicable, inform the non-Federal interest of the process for carrying out the project pursuant to section 105 of the Water Resources Development Act of 1986 (33 U.S.C. 2215) and whether the Secretary has the authority to complete a feasibility study for the project.”
Annual Report on Status of Feasibility StudiesPuspan. L. 116–260, div. AA, title I, § 127(c), Dec. 27, 2020, 134 Stat. 2642, provided that: “Concurrent with each report submitted under section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d), the Secretary [of the Army] shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that provides for an accounting of all outstanding feasibility studies being conducted by the Secretary, including, for each such study, its length, cost, and expected completion date.”
Dissemination of InformationPuspan. L. 115–270, title I, § 1104, Oct. 23, 2018, 132 Stat. 3771, as amended by Puspan. L. 116–260, div. AA, title II, § 229, Dec. 27, 2020, 134 Stat. 2698, provided that:“(a)Findings.—Congress finds the following:“(1) Congress plays a central role in identifying, prioritizing, and authorizing vital water resources infrastructure activities throughout the United States.
“(2) The Water Resources Reform and Development Act of 2014 (Public Law 113–121) established a new and transparent process to review and prioritize the water resources development activities of the Corps of Engineers with strong congressional oversight.
“(3) Section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) requires the Secretary [of the Army] to develop and submit to Congress each year a Report to Congress on Future Water Resources Development and, as part of the annual report process, to—“(A) publish a notice in the Federal Register that requests from non-Federal interests proposed feasibility studies and proposed modifications to authorized water resources development projects and feasibility studies for inclusion in the report; and
“(B) review the proposals submitted and include in the report those proposed feasibility studies and proposed modifications that meet the criteria for inclusion established under such section 7001.
“(4) Congress will use the information provided in the annual Report to Congress on Future Water Resources Development to determine authorization needs and priorities for purposes of water resources development legislation.
“(5) To ensure that Congress can gain a thorough understanding of the water resources development needs and priorities of the United States, it is important that the Secretary take sufficient steps to ensure that non-Federal interests are made aware of the new annual report process, including the need for non-Federal interests to submit proposals during the Secretary’s annual request for proposals in order for such proposals to be eligible for consideration by Congress.
“(span)Dissemination of Process Information.—“(1)In general.—The Secretary shall develop, support, and implement education and awareness efforts for non-Federal interests with respect to the annual Report to Congress on Future Water Resources Development required under section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d), including efforts to—“(A) develop and disseminate technical assistance materials, seminars, and guidance on the annual process as it relates to non-Federal interests;
“(B) provide written notice to local elected officials and previous and potential non-Federal interests on the annual process and on opportunities to address local water resources challenges through the missions and authorities of the Corps of Engineers;
“(C) issue guidance for non-Federal interests to assist such interests in developing proposals for water resources development projects that satisfy the requirements of such section 7001; and
“(D) provide, at the request of a non-Federal interest, assistance with researching and identifying existing project authorizations and Corps of Engineers decision documents.
“(2)Annual reporting.—Not less frequently than annually, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written update on the progress of the implementation of paragraph (1), including a description of each education and outreach action the Secretary is taking to implement that paragraph.
“(3)Guidance; compliance.—The Secretary shall—“(A) issue guidance on the uniform implementation by each district of the Corps of Engineers of the process for submitting proposals under section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d); and “(B) each year, ensure compliance with the guidance issued under subparagraph (A).”
“Secretary” DefinedSecretary means the Secretary of the Army, see section 2 of Puspan. L. 113–121, set out as a note under section 2201 of this title.
