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Title 33 — Navigation and Navigable Waters

Chapter 36 — Water Resources Development

§ 2281. Matters to be addressed in planning

Statutory text

(a)

In general

Enhancing national economic development (including benefits to particular regions of the Nation not involving the transfer of economic activity to such regions from other regions), the quality of the total environment (including preservation and enhancement of the environment), the well-being of the people of the United States, the prevention of loss of life, and the preservation of cultural and historical values shall be addressed in the formulation and evaluation of water resources projects to be carried out by the Secretary, and the associated benefits and costs, both quantifiable and unquantifiable, and information regarding potential loss of human life that may be associated with flooding and coastal storm events, shall be displayed in the benefits and costs of such projects.

(b)

Assessments

For all feasibility reports for water resources projects completed after , the Secretary shall assess whether—

(1)

the water resources project and each separable element is cost-effective; and

(2)

the water resources project complies with Federal, State, and local laws (including regulations) and public policies.

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.

  1. Pub. L. 99–662 title IX § 904 · 100 Stat. 4082

    Enacted · 33 U.S.C. § 2281

    Pub. L. 99–662, title IX, § 904, Nov. 17, 1986, 100 Stat. 4185

    Source evidence

    Code source credit
    Pub. L. 99–662, title IX, § 904, Nov. 17, 1986, 100 Stat. 4185

    Enacted provision · exact public law section
    SEC. 904. MATTERS TO BE ADDRESSED IN PLANNING. Enhancing national economic development (including benefits to Historic preservation. particular regions of the Nation not involving the transfer of economic activity to such regions from other regions), the quality of the total environment, the well-being of the people of the United States, the prevention of loss of life, and the preservation of cultural and historical values shall be addressed in the formulation and evaluation of water resources projects to be carried out by the Secretary, and the associated benefits and costs, both quantifiable and unquantifiable, shall be displayed in the benefits and costs of such projects.

  2. Water Resources Development Act of 1990

    Pub. L. 101–640 title III § 315 · 104 Stat. 4604

    Inserted · 33 U.S.C. § 2281

    Pub. L. 101–640 inserted “(including preservation and enhancement of the environment)” after “environment”

    Source evidence

    Code amendment note
    Pub. L. 101–640 inserted “(including preservation and enhancement of the environment)” after “environment”.

    Enacted provision · exact public law section
    SEC. 315. MATTERS TO BE ADDRESSED IN PLANNING. Section 904 of the Water Resources Development Act of 1986 (33 U.S.C. 2281) is amended by inserting “(including preservation and enhancement of the environment)” after “environment”.

  3. Water Resources Development Act of 1996

    Pub. L. 104–303 title II § 231 · 110 Stat. 3658

    Inserted · 33 U.S.C. § 2281

    Pub. L. 104–303 inserted “and information regarding potential loss of human life that may be associated with flooding and coastal storm events,” after “unquantifiable,”

    Source evidence

    Code amendment note
    Pub. L. 104–303 inserted “and information regarding potential loss of human life that may be associated with flooding and coastal storm events,” after “unquantifiable,”.

    Enacted provision · exact public law section
    SEC. 231. LOSS OF LIFE PREVENTION. Section 904 of the Water Resources Development Act of 1986 (33 U.S.C. 2281; 100 Stat. 4185) is amended by inserting “and information regarding potential loss of human life that may be associated with flooding and coastal storm events,” after “unquantifiable,”.

  4. Water Resources Development Act of 2007

    Pub. L. 110–114 title II § 2033(a) · 121 Stat. 1041

    1. Amended · 33 U.S.C. § 2281

      Pub. L. 110–114 designated existing provisions as subsec. (a)

    2. Inserted · 33 U.S.C. § 2281

      Pub. L. 110–114 inserted heading

    3. Added · 33 U.S.C. § 2281

      Pub. L. 110–114 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 110–114 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

    Enacted provision · exact public law section
    (a) Matters to Be Addressed in Planning.— Section 904 of the Water Resources Development Act of 1986 (33 U.S.C. 2281) is amended— (1) by striking “Enhancing” and inserting the following: “(a) In General.— Enhancing” ; and (2) by adding at the end the following: “(b) Assessments.— For Effective date. all feasibility reports for water resources projects completed after December 31, 2007, the Secretary shall assess whether— “(1) the water resources project and each separable element is cost-effective; and “(2) the water resources project complies with Federal, State, and local laws (including regulations) and public policies.” .

6 of 6 references resolved to an enrolled provision

Editorial Notes

Amendments1990–2007 · 3 rounds

2007

Pub. L. 110–114 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

1996

Pub. L. 104–303 inserted “and information regarding potential loss of human life that may be associated with flooding and coastal storm events,” after “unquantifiable,”.

1990

Pub. L. 101–640 inserted “(including preservation and enhancement of the environment)” after “environment”.

Statutory Notes and Related Subsidiaries

Rural Project Evaluation and Selection Criteria

Pub. L. 102–580, title II, § 214, , 106 Stat. 4831, directed Comptroller General, not later than 18 months after , to report to Congress with specific legislative and other recommendations on improving the equitable distribution of water resources development projects in rural areas, prior to repeal by Pub. L. 104–316, title I, § 117, , 110 Stat. 3835.

Credits

1986–2007 · 4 acts
  1. 1986Pub. L. 99–662, title IX, § 904, , 100 Stat. 4185
  2. 1990Pub. L. 101–640, title III, § 315, , 104 Stat. 4641
  3. 1996Pub. L. 104–303, title II, § 231, , 110 Stat. 3704
  4. 2007Pub. L. 110–114, title II, § 2033(a), , 121 Stat. 1084.
Show as published

(Pub. L. 99–662, title IX, § 904, , 100 Stat. 4185; Pub. L. 101–640, title III, § 315, , 104 Stat. 4641; Pub. L. 104–303, title II, § 231, , 110 Stat. 3704; Pub. L. 110–114, title II, § 2033(a), , 121 Stat. 1084.)

Parsed from the official OLRC USLM XML in data/usc_all/usc33.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t33/s2281