Title 33 — Navigation and Navigable Waters
Chapter 36 — Water Resources Development
§ 2231. Study of water resources development projects by non-Federal interests
Statutory text
Submission to Secretary
In general
A non-Federal interest may undertake and submit to the Secretary—
a federally authorized feasibility study of a proposed water resources development project; or
upon the determination of the Secretary that the modifications are consistent with the authorized purposes of the project, a feasibility study on modifications to a water resources development project constructed by the Corps of Engineers or constructed by a non-Federal interest pursuant to section 2232 of this title.
Guidelines
To assist non-Federal interests, the Secretary shall issue guidelines for the formulation of feasibility studies of water resources development projects undertaken by non-Federal interests that—
provide clear, concise, and transparent guidance for the non-Federal interest to use in developing a feasibility study that complies with requirements that would apply to a feasibility study undertaken by the Secretary;
provide sufficient information for the formulation of the studies, including processes and procedures related to reviews and assistance under subsection (e);
provide guidance to a non-Federal interest on obtaining support from the Secretary to complete elements of a feasibility study that may be considered inherently governmental and required to be done by a Federal agency; and
provide contacts for employees of the Corps of Engineers that a non-Federal interest may use to initiate coordination with the Secretary and identify at what stages coordination may be beneficial.
Determination
If a non-Federal interest requests to undertake a feasibility study on a modification to a constructed water resources development project under paragraph (1)(B), the Secretary shall expeditiously provide to the non-Federal interest the determination required under such paragraph with respect to whether conceptual modifications, as presented by the non-Federal interest, are consistent with the authorized purposes of the project.
Review by Secretary
In general
The Secretary shall review each feasibility study received under subsection (a)(1) for the purpose of determining whether or not the study, and the process under which the study was developed, each comply with Federal laws and regulations applicable to feasibility studies of water resources development projects.
Timing
The Secretary may not submit to Congress an assessment of a feasibility study under this section until such time as the Secretary—
determines that the feasibility study complies with all of the requirements that would apply to a feasibility study undertaken by the Secretary; and
completes all of the Federal analyses, reviews, and compliance processes under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), that would be required with respect to the proposed project if the Secretary had undertaken the feasibility study.
Initiation of review
Request
Submission
The non-Federal interest may submit to the Secretary a request that the Secretary initiate the analyses, reviews, and compliance processes described in paragraph (2)(B) with respect to the proposed project prior to the non-Federal interest’s submission of a feasibility study under subsection (a)(1).
Effect
Receipt by the Secretary of a request submitted under clause (i) shall be considered the receipt of a proposal or application that will lead to a major Federal action that is subject to the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) that would be required if the Secretary were to undertake the feasibility study.
Deadline
Not later than 10 days after the Secretary receives a study submission under subsection (a) or receives a request under subparagraph (A), the Secretary shall begin the required analyses, reviews, and compliance processes.
Additional information required
The Secretary shall notify a non-Federal interest if, upon initial review of a submission received under subsection (a) or a receipt of a request under subparagraph (A), the Secretary requires additional information to perform the required analyses, reviews, and compliance processes and include in such notification a detailed description of the required information.
Notification
Upon receipt of a study submission under subsection (a) or receipt of a request under paragraph (3)(A), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the submission or request and a timeline for completion of the required analyses, reviews, and compliance processes and shall notify the non-Federal interest of such timeline.
Status updates
Not later than 30 days after receiving a study submission under subsection (a) or a request under paragraph (3)(A), and every 30 days thereafter until the Secretary submits an assessment under subsection (c) for the applicable feasibility study, the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the non-Federal interest of the status of the Secretary’s required analyses, reviews, and compliance processes.
Submission to Congress
Review and submission of studies to Congress
Not later than 180 days after the completion of review of a feasibility study under subsection (b), the Secretary shall 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 assessment that describes—
the results of the Secretary’s review of the study under subsection (b), including a determination of whether the project is feasible;
any recommendations the Secretary may have concerning the plan or design of the project; and
any conditions the Secretary may require for construction of the project.
Limitation
The completion of the review by the Secretary of a feasibility study that has been submitted under subsection (a)(1) may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration.
Credit
In general
If a project for which a feasibility study has been submitted under subsection (a)(1) is authorized by a Federal law enacted after the date of the submission to Congress under subsection (c), the Secretary shall credit toward the non-Federal share of the cost of construction of the project or modification to the project an amount equal to the portion of the cost of developing the study that would have been the responsibility of the United States if the study had been developed by the Secretary.
Maximum amount
Any credit provided to a non-Federal interest under this subsection may not exceed the Federal share of the cost for a feasibility study initiated by the Secretary under section 2282c(a) of this title.
Review and technical assistance
Review
The Secretary may accept and expend funds provided by non-Federal interests to undertake reviews, inspections, certifications, and other activities that are the responsibility of the Secretary in carrying out this section.
Technical assistance
At the request of a non-Federal interest, the Secretary shall provide to the non-Federal interest technical assistance relating to any aspect of a feasibility study if the non-Federal interest contracts with the Secretary to pay all costs of providing such technical assistance.
Limitation
Funds provided by non-Federal interests under this subsection shall not be eligible for credit under subsection (d) or reimbursement.
Impartial decisionmaking
In carrying out this section, the Secretary shall ensure that the use of funds accepted from a non-Federal interest will not affect the impartial decisionmaking of the Secretary, either substantively or procedurally.
Savings provision
The provision of technical assistance by the Secretary under paragraph (2)—
shall not be considered to be an approval or endorsement of the feasibility study; and
shall not affect the responsibilities of the Secretary under subsections (b) and (c).
Authorization of appropriations
There is authorized to be appropriated to the Secretary $1,000,000 for each fiscal year to carry out this section.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Harbor Development and Navigation Improvement Act of 1986
Pub. L. 99–662 title II § 203 · 100 Stat. 4082
Enacted · 33 U.S.C. § 2231
Pub. L. 99–662, title II, § 203, Nov. 17, 1986, 100 Stat. 4098
Source evidence
Code source credit
Pub. L. 99–662, title II, § 203, Nov. 17, 1986, 100 Stat. 4098Enacted provision · exact public law section
SEC. 203. STUDIES OF PROJECTS BY NON-FEDERAL INTERESTS. (a) Submission to Secretary.— A non-Federal interest may on its own undertake a feasibility study of a proposed harbor or inland harbor project and submit it to the Secretary. To assist non-Federal interests, the Secretary shall, as soon as practicable, promulgate guidelines for studies of harbors or inland harbors to provide sufficient information for the formulation of studies. (b) Review by Secretary.— The Secretary shall review each study submitted under subsection (a) for the purpose of determining whether or not such study and the process under which such study was developed comply with Federal laws and regulations applicable to feasibility studies of navigation projects for harbors or inland harbors. (c) Submission to Congress.— Not later than 180 days after receiving any study submitted under subsection (a), the Secretary shall transmit to the Congress, in writing, the results of such review and any recommendations the Secretary may have concerning the project described in such plan and design. (d) Credit and Reimbursement.— If a project for which a study has been submitted under subsection (a) is authorized by any provision of Federal law enacted after the date of such submission, the Secretary shall credit toward the non-Federal share of the cost of construction of such project an amount equal to the portion of the cost of developing such study that would be the responsibility of the United States if such study were developed by the Secretary.Water Resources Reform and Development Act of 2014
Pub. L. 113–121 title I § 1014(a) · 128 Stat. 1193
Amended · 33 U.S.C. § 2231
Pub. L. 113–121 amended section generally. Prior to amendment, section related to studies of projects by non-Federal interests
Source evidence
Code amendment note
Pub. L. 113–121 amended section generally. Prior to amendment, section related to studies of projects by non-Federal interests.Enacted provision · exact public law section
(a) Studies.— Section 203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231) is amended to read as follows: “SEC. 203. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL INTERESTS. “(a) Submission to Secretary.— “(1) In general.— A non-Federal interest may undertake a feasibility study of a proposed water resources development project and submit the study to the Secretary. “(2) Guidelines.— To assist non-Federal interests, the Secretary, as soon as practicable, shall issue guidelines for feasibility studies of water resources development projects to provide sufficient information for the formulation of the studies. “(b) Review by Secretary.— The Secretary shall review each feasibility study received under subsection (a)(1) for the purpose of determining whether or not the study, and the process under which the study was developed, each comply with Federal laws and regulations applicable to feasibility studies of water resources development projects. “(c) Submission to Congress.— Not later than 180 days after the date of receipt of a feasibility study of a project under subsection (a)(1), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes— “(1) the results of the Secretary’s review of the study under subsection (b), including a determination of whether the project is feasible; “(2) any recommendations the Secretary may have concerning the plan or design of the project; and “(3) any conditions the Secretary may require for construction of the project. “(d) Credit.— If a project for which a feasibility study has been submitted under subsection (a)(1) is authorized by a Federal law enacted after the date of the submission to Congress under subsection (c), the Secretary shall credit toward the non-Federal share of the cost of construction of the project an amount equal to the portion of the cost of developing the study that would have been the responsibility of the United States if the study had been developed by the Secretary.” .Water Resources Development Act of 2016
Pub. L. 114–322 title I § 1126 · 130 Stat. 1628
Added · 33 U.S.C. § 2231(e)
Pub. L. 114–322 added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 114–322 added subsec. (e).Enacted provision · exact public law section
SEC. 1126. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL INTERESTS. Section 203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231) is amended by adding at the end the following: “(e) Technical Assistance.— At the request of a non-Federal interest, the Secretary may provide to the non-Federal interest technical assistance relating to any aspect of a feasibility study if the non-Federal interest contracts with the Secretary to pay all costs of providing such technical assistance.” .Water Resources Development Act of 2018
Pub. L. 115–270 § 1152(1) · 132 Stat. 3765
Inserted · 33 U.S.C. § 2231(a)(1)
Pub. L. 115–270, § 1152(1), inserted “federally authorized” before “feasibility study”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 115–270, § 1152(1), inserted “federally authorized” before “feasibility study”.Enacted provision · exact public law section
(1) in subsection (a)(1), by inserting “federally authorized” before “feasibility study”;Water Resources Development Act of 2018
Pub. L. 115–270 § 1152(2) · 132 Stat. 3765
Amended · 33 U.S.C. § 2231(c)
Pub. L. 115–270, § 1152(2), amended subsec. (c) generally. Prior to amendment, text read as follows: “Not later than 180 days after the date of receipt of a feasibility study of a project under subsection (a)(1), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—
Source evidence
Code amendment note
Subsec. (c). Pub. L. 115–270, § 1152(2), amended subsec. (c) generally. Prior to amendment, text read as follows: “Not later than 180 days after the date of receipt of a feasibility study of a project under subsection (a)(1), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—“(1) the results of the Secretary’s review of the study under subsection (b), including a determination of whether the project is feasible; “(2) any recommendations the Secretary may have concerning the plan or design of the project; and “(3) any conditions the Secretary may require for construction of the project.”
Enacted provision · exact public law section
(2) by amending subsection (c) to read as follows: “(c) Submission to Congress.— “(1) Review and submission of studies to congress.— Not later than 180 days Reports. after the date of receipt of a feasibility study of a project under subsection (a)(1), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes— “(A) the results of the Secretary’s review of the study under subsection (b), including a determination of whether the project is feasible; “(B) any recommendations the Secretary may have concerning the plan or design of the project; and “(C) any conditions the Secretary may require for construction of the project. “(2) Limitation.— The completion of the review by the Secretary of a feasibility study that has been submitted under subsection (a)(1) may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration.” ; andWater Resources Development Act of 2018
Pub. L. 115–270 § 1152(3) · 132 Stat. 3765
Amended · 33 U.S.C. § 2231(e)
Pub. L. 115–270, § 1152(3), amended subsec. (e) generally. Prior to amendment, text read as follows “At the request of a non-Federal interest, the Secretary may provide to the non-Federal interest technical assistance relating to any aspect of a feasibility study if the non-Federal interest contracts with the Secretary to pay all costs of providing such technical assistance.”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 115–270, § 1152(3), amended subsec. (e) generally. Prior to amendment, text read as follows “At the request of a non-Federal interest, the Secretary may provide to the non-Federal interest technical assistance relating to any aspect of a feasibility study if the non-Federal interest contracts with the Secretary to pay all costs of providing such technical assistance.”.Enacted provision · exact public law section
(3) by amending subsection (e) to read as follows: “(e) Review and Technical Assistance.— “(1) Review.— The Secretary may accept and expend funds provided by non-Federal interests to undertake reviews, inspections, certifications, and other activities that are the responsibility of the Secretary in carrying out this section. “(2) Technical assistance.— At the request of a non-Federal interest, the Secretary shall provide to the non-Federal interest technical assistance relating to any aspect of a feasibility study if the non-Federal interest contracts with the Secretary to pay all costs of providing such technical assistance. “(3) Limitation.— Funds provided by non-Federal interests under this subsection shall not be eligible for credit under subsection (d) or reimbursement. “(4) Impartial decisionmaking.— In carrying out this section, the Secretary shall ensure that the use of funds accepted from a non-Federal interest will not affect the impartial decisionmaking of the Secretary, either substantively or procedurally. “(5) Savings provision.— The provision of technical assistance by the Secretary under paragraph (2)— “(A) shall not be considered to be an approval or endorsement of the feasibility study; and “(B) shall not affect the responsibilities of the Secretary under subsections (b) and (c).” .Department of Transportation Appropriations Act, 2021
Pub. L. 116–260 § 161(a)(1)(A) · 134 Stat. 1182
Inserted · 33 U.S.C. § 2231(a)(1)
Pub. L. 116–260, § 161(a)(1)(A), inserted “, or, upon the written approval of the Secretary that the modifications are consistent with the authorized purposes of the project, undertake a feasibility study on modifications to a water resources development project constructed by the Corps of Engineers,” after “water resources development project”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 116–260, § 161(a)(1)(A), inserted “, or, upon the written approval of the Secretary that the modifications are consistent with the authorized purposes of the project, undertake a feasibility study on modifications to a water resources development project constructed by the Corps of Engineers,” after “water resources development project”.Enacted provision · exact public law section
Sec. 161. Notwithstanding any other provision of law, funds appropriated or limited by this Act under the heading “Capital Investment Grants” of the Federal Transit Administration for projects specified in this Act or identified in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) not obligated by September 30, 2024, and other recoveries, shall be directed to projects eligible to use the funds for the purposes for which they were originally provided.Department of Transportation Appropriations Act, 2021
Pub. L. 116–260 § 161(a)(1)(B) · 134 Stat. 1182
Substituted · 33 U.S.C. § 2231(a)(2)
Pub. L. 116–260, § 161(a)(1)(B), substituted “for the formulation of feasibility studies of water resources development projects undertaken by non-Federal interests to—” for “for feasibility studies of water resources development projects to provide sufficient information for the formulation of the studies.”
Added · 33 U.S.C. § 2231(a)(2)
Pub. L. 116–260, § 161(a)(1)(B), added subpars. (A) and (B)
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 116–260, § 161(a)(1)(B), substituted “for the formulation of feasibility studies of water resources development projects undertaken by non-Federal interests to—” for “for feasibility studies of water resources development projects to provide sufficient information for the formulation of the studies.” and added subpars. (A) and (B).Enacted provision · exact public law section
Sec. 161. Notwithstanding any other provision of law, funds appropriated or limited by this Act under the heading “Capital Investment Grants” of the Federal Transit Administration for projects specified in this Act or identified in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) not obligated by September 30, 2024, and other recoveries, shall be directed to projects eligible to use the funds for the purposes for which they were originally provided.Department of Transportation Appropriations Act, 2021
Pub. L. 116–260 § 161(a)(2) · 134 Stat. 1182
Amended · 33 U.S.C. § 2231(b)
Pub. L. 116–260, § 161(a)(2), designated existing provisions as par. (1)
Inserted · 33 U.S.C. § 2231(b)
Pub. L. 116–260, § 161(a)(2), inserted heading
Added · 33 U.S.C. § 2231(b)
Pub. L. 116–260, § 161(a)(2), added pars. (2) to (5)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 116–260, § 161(a)(2), designated existing provisions as par. (1), inserted heading, and added pars. (2) to (5).Enacted provision · exact public law section
Sec. 161. Notwithstanding any other provision of law, funds appropriated or limited by this Act under the heading “Capital Investment Grants” of the Federal Transit Administration for projects specified in this Act or identified in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) not obligated by September 30, 2024, and other recoveries, shall be directed to projects eligible to use the funds for the purposes for which they were originally provided.Department of Transportation Appropriations Act, 2021
Pub. L. 116–260 § 161(a)(3) · 134 Stat. 1182
Substituted · 33 U.S.C. § 2231(c)(1)
Pub. L. 116–260, § 161(a)(3), in introductory provisions, substituted “after the completion of review of a feasibility study under subsection (b)” for “after the date of receipt of a feasibility study of a project under subsection (a)(1)”
Substituted · 33 U.S.C. § 2231(c)(1)
Pub. L. 116–260, § 161(a)(3), in introductory provisions, substituted “an assessment” for “a report”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 116–260, § 161(a)(3), in introductory provisions, substituted “after the completion of review of a feasibility study under subsection (b)” for “after the date of receipt of a feasibility study of a project under subsection (a)(1)” and “an assessment” for “a report”.Enacted provision · exact public law section
Sec. 161. Notwithstanding any other provision of law, funds appropriated or limited by this Act under the heading “Capital Investment Grants” of the Federal Transit Administration for projects specified in this Act or identified in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) not obligated by September 30, 2024, and other recoveries, shall be directed to projects eligible to use the funds for the purposes for which they were originally provided.Pub. L. 118–272 § 1109(a)(1)(A)(i) · 138 Stat. 3007
Substituted · 33 U.S.C. § 2231(a)(1)(A)
Pub. L. 118–272, § 1109(a)(1)(A)(i), substituted “may undertake and submit to the Secretary—
Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 118–272, § 1109(a)(1)(A)(i), substituted “may undertake and submit to the Secretary—“(A) a federally authorized feasibility study of a proposed water resources development project; or” for “may undertake a federally authorized feasibility study of a proposed water resources development project, or,”.
Pub. L. 118–272 § 1109(a)(1)(A)(ii) · 138 Stat. 3007
Substituted · 33 U.S.C. § 2231(a)(1)(B)
Pub. L. 118–272, § 1109(a)(1)(A)(ii), (iii), substituted “(B) upon the determination” for “upon the written approval”
Struck · 33 U.S.C. § 2231(a)(1)(B)
Pub. L. 118–272, § 1109(a)(1)(A)(ii), (iii), struck out “undertake” before “a feasibility”
Substituted · 33 U.S.C. § 2231(a)(1)(B)
Pub. L. 118–272, § 1109(a)(1)(A)(ii), (iii), substituted “or constructed by a non-Federal interest pursuant to section 2232 of this title” for “, and submit the study to the Secretary”
Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(1)(B). Pub. L. 118–272, § 1109(a)(1)(A)(ii), (iii), substituted “(B) upon the determination” for “upon the written approval”, struck out “undertake” before “a feasibility”, and substituted “or constructed by a non-Federal interest pursuant to section 2232 of this title” for “, and submit the study to the Secretary”.Pub. L. 118–272 § 1109(a)(1)(B)(i) · 138 Stat. 3007
Struck · 33 U.S.C. § 2231(a)(2)
Pub. L. 118–272, § 1109(a)(1)(B)(i), in introductory provisions, struck out “, as soon as practicable,” after “Secretary”
Substituted · 33 U.S.C. § 2231(a)(2)
Pub. L. 118–272, § 1109(a)(1)(B)(i), in introductory provisions, substituted “non-Federal interests that” for “non-Federal interests to”
Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 118–272, § 1109(a)(1)(B)(i), in introductory provisions, struck out “, as soon as practicable,” after “Secretary” and substituted “non-Federal interests that” for “non-Federal interests to”.Pub. L. 118–272 § 1109(a)(1)(B)(ii) · 138 Stat. 3007
Added · 33 U.S.C. § 2231(a)(2)(A)
Pub. L. 118–272, § 1109(a)(1)(B)(ii), added subpar. (A)
Struck · 33 U.S.C. § 2231(a)(2)(A)
Pub. L. 118–272, § 1109(a)(1)(B)(ii), struck out former subpar. (A) which read as follows: “ensure that any feasibility study with respect to which the Secretary submits an assessment to Congress under subsection (c) complies with all of the requirements that would apply to a feasibility study undertaken by the Secretary; and”
Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(2)(A). Pub. L. 118–272, § 1109(a)(1)(B)(ii), added subpar. (A) and struck out former subpar. (A) which read as follows: “ensure that any feasibility study with respect to which the Secretary submits an assessment to Congress under subsection (c) complies with all of the requirements that would apply to a feasibility study undertaken by the Secretary; and”.Pub. L. 118–272 § 1109(a)(1)(B)(iii) · 138 Stat. 3007
Added · 33 U.S.C. § 2231(a)(2)(C); 33 U.S.C. § 2231(a)(2)(D)
Pub. L. 118–272, § 1109(a)(1)(B)(iii), (iv), added subpars. (C) and (D)
Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(2)(C), (D). Pub. L. 118–272, § 1109(a)(1)(B)(iii), (iv), added subpars. (C) and (D).Pub. L. 118–272 § 1109(a)(1)(C) · 138 Stat. 3007
Added · 33 U.S.C. § 2231(a)(3)
Pub. L. 118–272, § 1109(a)(1)(C), added par. (3)
Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 118–272, § 1109(a)(1)(C), added par. (3).Pub. L. 118–272 § 1109(a)(2)(A)(i) · 138 Stat. 3007
Substituted · 33 U.S.C. § 2231(b)(3)(B)
Pub. L. 118–272, § 1109(a)(2)(A)(i), substituted “receives a study submission under subsection (a) or receives a request under subparagraph (A)” for “receives a request under this paragraph”
Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(3)(B). Pub. L. 118–272, § 1109(a)(2)(A)(i), substituted “receives a study submission under subsection (a) or receives a request under subparagraph (A)” for “receives a request under this paragraph”.Pub. L. 118–272 § 1109(a)(2)(A)(ii) · 138 Stat. 3007
Added · 33 U.S.C. § 2231(b)(3)(C)
Pub. L. 118–272, § 1109(a)(2)(A)(ii), added subpar. (C)
Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(3)(C). Pub. L. 118–272, § 1109(a)(2)(A)(ii), added subpar. (C).Pub. L. 118–272 § 1109(a)(2)(B) · 138 Stat. 3007
Added · 33 U.S.C. § 2231(b)(4)
Pub. L. 118–272, § 1109(a)(2)(B), added par. (4)
Struck · 33 U.S.C. § 2231(b)(4)
Pub. L. 118–272, § 1109(a)(2)(B), struck out former par. (4). Prior to amendment, text read as follows: “Upon receipt of a request under paragraph (3), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the request and a timeline for completion of the required analyses, reviews, and compliance processes.”
Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 118–272, § 1109(a)(2)(B), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: “Upon receipt of a request under paragraph (3), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the request and a timeline for completion of the required analyses, reviews, and compliance processes.”Pub. L. 118–272 § 1109(a)(2)(C) · 138 Stat. 3007
Substituted · 33 U.S.C. § 2231(b)(5)
Pub. L. 118–272, § 1109(a)(2)(C), substituted “receiving a study submission under subsection (a) or a request under paragraph (3)(A)” for “receiving a request under paragraph (3)”
Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(5). Pub. L. 118–272, § 1109(a)(2)(C), substituted “receiving a study submission under subsection (a) or a request under paragraph (3)(A)” for “receiving a request under paragraph (3)”.Pub. L. 118–272 § 1109(a)(3) · 138 Stat. 3007
Amended · 33 U.S.C. § 2231(d)
Pub. L. 118–272, § 1109(a)(3), designated existing provisions as par. (1)
Inserted · 33 U.S.C. § 2231(d)
Pub. L. 118–272, § 1109(a)(3), inserted heading
Substituted · 33 U.S.C. § 2231(d)
Pub. L. 118–272, § 1109(a)(3), substituted “of the project or modification to the project” for “of the project”
Added · 33 U.S.C. § 2231(d)
Pub. L. 118–272, § 1109(a)(3), added par. (2)
Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (d). Pub. L. 118–272, § 1109(a)(3), designated existing provisions as par. (1), inserted heading, substituted “of the project or modification to the project” for “of the project”, and added par. (2).Pub. L. 118–272 § 1109(a)(4) · 138 Stat. 3007
Added · 33 U.S.C. § 2231(f)
Pub. L. 118–272, § 1109(a)(4), added subsec. (f)
Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (f). Pub. L. 118–272, § 1109(a)(4), added subsec. (f).
14 of 34 references resolved to an enrolled provision · 20 unresolved
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsec. (b)(2)(B), is Pub. L. 91–190, , 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Amendments2014–2025 · 5 rounds
2025
Subsec. (a)(1)(A). Pub. L. 118–272, § 1109(a)(1)(A)(i), substituted “may undertake and submit to the Secretary—
“(A) a federally authorized feasibility study of a proposed water resources development project; or” for “may undertake a federally authorized feasibility study of a proposed water resources development project, or,”.
Subsec. (a)(1)(B). Pub. L. 118–272, § 1109(a)(1)(A)(ii), (iii), substituted “(B) upon the determination” for “upon the written approval”, struck out “undertake” before “a feasibility”, and substituted “or constructed by a non-Federal interest pursuant to section 2232 of this title” for “, and submit the study to the Secretary”.
Subsec. (a)(2). Pub. L. 118–272, § 1109(a)(1)(B)(i), in introductory provisions, struck out “, as soon as practicable,” after “Secretary” and substituted “non-Federal interests that” for “non-Federal interests to”.
Subsec. (a)(2)(A). Pub. L. 118–272, § 1109(a)(1)(B)(ii), added subpar. (A) and struck out former subpar. (A) which read as follows: “ensure that any feasibility study with respect to which the Secretary submits an assessment to Congress under subsection (c) complies with all of the requirements that would apply to a feasibility study undertaken by the Secretary; and”.
Subsec. (a)(2)(C), (D). Pub. L. 118–272, § 1109(a)(1)(B)(iii), (iv), added subpars. (C) and (D).
Subsec. (a)(3). Pub. L. 118–272, § 1109(a)(1)(C), added par. (3).
Subsec. (b)(3)(B). Pub. L. 118–272, § 1109(a)(2)(A)(i), substituted “receives a study submission under subsection (a) or receives a request under subparagraph (A)” for “receives a request under this paragraph”.
Subsec. (b)(3)(C). Pub. L. 118–272, § 1109(a)(2)(A)(ii), added subpar. (C).
Subsec. (b)(4). Pub. L. 118–272, § 1109(a)(2)(B), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: “Upon receipt of a request under paragraph (3), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the request and a timeline for completion of the required analyses, reviews, and compliance processes.”
Subsec. (b)(5). Pub. L. 118–272, § 1109(a)(2)(C), substituted “receiving a study submission under subsection (a) or a request under paragraph (3)(A)” for “receiving a request under paragraph (3)”.
Subsec. (d). Pub. L. 118–272, § 1109(a)(3), designated existing provisions as par. (1), inserted heading, substituted “of the project or modification to the project” for “of the project”, and added par. (2).
Subsec. (f). Pub. L. 118–272, § 1109(a)(4), added subsec. (f).
2020
Subsec. (a)(1). Pub. L. 116–260, § 161(a)(1)(A), inserted “, or, upon the written approval of the Secretary that the modifications are consistent with the authorized purposes of the project, undertake a feasibility study on modifications to a water resources development project constructed by the Corps of Engineers,” after “water resources development project”.
Subsec. (a)(2). Pub. L. 116–260, § 161(a)(1)(B), substituted “for the formulation of feasibility studies of water resources development projects undertaken by non-Federal interests to—” for “for feasibility studies of water resources development projects to provide sufficient information for the formulation of the studies.” and added subpars. (A) and (B).
Subsec. (b). Pub. L. 116–260, § 161(a)(2), designated existing provisions as par. (1), inserted heading, and added pars. (2) to (5).
Subsec. (c)(1). Pub. L. 116–260, § 161(a)(3), in introductory provisions, substituted “after the completion of review of a feasibility study under subsection (b)” for “after the date of receipt of a feasibility study of a project under subsection (a)(1)” and “an assessment” for “a report”.
2018
Subsec. (a)(1). Pub. L. 115–270, § 1152(1), inserted “federally authorized” before “feasibility study”.
Subsec. (c). Pub. L. 115–270, § 1152(2), amended subsec. (c) generally. Prior to amendment, text read as follows: “Not later than 180 days after the date of receipt of a feasibility study of a project under subsection (a)(1), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—
“(1) the results of the Secretary’s review of the study under subsection (b), including a determination of whether the project is feasible;
“(2) any recommendations the Secretary may have concerning the plan or design of the project; and
“(3) any conditions the Secretary may require for construction of the project.”
Subsec. (e). Pub. L. 115–270, § 1152(3), amended subsec. (e) generally. Prior to amendment, text read as follows “At the request of a non-Federal interest, the Secretary may provide to the non-Federal interest technical assistance relating to any aspect of a feasibility study if the non-Federal interest contracts with the Secretary to pay all costs of providing such technical assistance.”.
2016
Subsec. (e). Pub. L. 114–322 added subsec. (e).
2014
Pub. L. 113–121 amended section generally. Prior to amendment, section related to studies of projects by non-Federal interests.
Statutory Notes and Related Subsidiaries
Short Title
For short title of title II of Pub. L. 99–662, enacting this subchapter, as the Harbor Development and Navigation Improvement Act of 1986, see section 215 of Pub. L. 99–662, set out as a note under section 2201 of this title.
Guidance
Pub. L. 118–272, div. A, title I, § 1109(b), , 138 Stat. 3009, provided that: “Not later than 18 months after the date of enactment of this Act [], the Secretary [of the Army] shall update any guidance as necessary to reflect the amendments made by this section [amending this section].”
Implementation
Pub. L. 118–272, div. A, title I, § 1109(c), , 138 Stat. 3009, provided that: “Any non-Federal interest that has entered in a written agreement with the Secretary [of the Army] related to carrying out a feasibility study pursuant to section 203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231) before the date of enactment of this Act [] may submit to the Secretary a request to amend such agreement to reflect the amendments made by this section [amending this section].”
Deadline
Pub. L. 116–260, div. AA, title I, § 161(b), , 134 Stat. 2667, provided that: “Not later than 90 days after the date of enactment of this Act [], the Secretary [of the Army] shall issue revised guidelines under section 203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231) to implement the amendments made by this section [amending this section].”
Hold Harmless
Pub. L. 116–260, div. AA, title I, § 161(c), , 134 Stat. 2667, provided that:
“(1) One-year window.—
The amendments made by this section [amending this section] shall not apply to any feasibility study submitted to the Secretary [of the Army] under section 203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231) during the one-year period prior to the date of enactment of this section [].
“(2) 2020 projects.—
The amendments made by this section shall not apply to any project authorized by section 403 of this Act [section 403 of div. AA of Pub. L. 116–260, 134 Stat. 2743, which is not classified to the Code].”
Credits
1986–2025 · 6 acts
- 1986Pub. L. 99–662, title II, § 203, , 100 Stat. 4098
- 2014Pub. L. 113–121, title I, § 1014(a), , 128 Stat. 1219
- 2016Pub. L. 114–322, title I, § 1126, , 130 Stat. 1648
- 2018Pub. L. 115–270, title I, § 1152, , 132 Stat. 3788
- 2020Pub. L. 116–260, div. AA, title I, § 161(a), , 134 Stat. 2665
- 2025Pub. L. 118–272, div. A, title I, § 1109(a), , 138 Stat. 3007.
Show as published
(Pub. L. 99–662, title II, § 203, , 100 Stat. 4098; Pub. L. 113–121, title I, § 1014(a), , 128 Stat. 1219; Pub. L. 114–322, title I, § 1126, , 130 Stat. 1648; Pub. L. 115–270, title I, § 1152, , 132 Stat. 3788; Pub. L. 116–260, div. AA, title I, § 161(a), , 134 Stat. 2665; Pub. L. 118–272, div. A, title I, § 1109(a), , 138 Stat. 3007.)