§ 2282a. Planning

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. 2007

   Water Resources Development Act of 2007

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

   Enacted · 33 U.S.C. § 2282a

   Pub. L. 110–114, title II, § 2033, Nov. 8, 2007, 121 Stat. 1084

   Source evidence

   Code source credit
   Pub. L. 110–114, title II, § 2033, Nov. 8, 2007, 121 Stat. 1084

   Enacted provision · exact public law section
   SEC. 2033. PLANNING. (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.” . (b) Planning Process Improvements.— The Chief of Engineers— (1) shall adopt a risk analysis approach to project cost estimates for water resources projects; and (2) Deadline. not later than one year after the date of enactment of this Act, shall— (A) Procedures. issue procedures for risk analysis for cost estimation for water resources projects; and (B) Reports. submit to Congress a report that includes any recommended amendments to section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280). (c) Benchmarks.— (1) In general.— Not later than 12 months after the date of enactment of this Act, the Chief of Engineers shall establish benchmarks for determining the length of time it should take to conduct a feasibility study for a water resources project and its associated review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Chief of Engineers shall use such benchmarks as a management tool to make the feasibility study process more efficient in all districts of the Corps of Engineers. (2) Benchmark goals.— The Chief of Engineers shall establish, to the extent practicable, under paragraph (1) benchmark goals for completion of feasibility studies for water resources projects generally within 2 years. In the case of feasibility studies that the Chief of Engineers determines may require additional time based on the project type, size, cost, or complexity, the benchmark goal for completion shall be generally within 4 years. (d) Calculation of Benefits and Costs for Flood Damage Reduction Projects.— A feasibility study for a project for flood damage reduction shall include, as part of the calculation of benefits and costs— (1) a calculation of the residual risk of flooding following completion of the proposed project; (2) a calculation of the residual risk of loss of human life and residual risk to human safety following completion of the proposed project; (3) a calculation of any upstream or downstream impacts of the proposed project; and (4) calculations to ensure that the benefits and costs associated with structural and nonstructural alternatives are evaluated in an equitable manner. (e) Centers of Specialized Planning Expertise.— (1) Establishment.— The Secretary may establish centers of expertise to provide specialized planning expertise for water resources projects to be carried out by the Secretary in order to enhance and supplement the capabilities of the districts of the Corps of Engineers. (2) Duties.— A center of expertise established under this subsection shall— (A) provide technical and managerial assistance to district commanders of the Corps of Engineers for project planning, development, and implementation; (B) provide agency peer reviews of new major scientific, engineering, or economic methods, models, or analyses that will be used to support decisions of the Secretary with respect to feasibility studies for water resources projects; (C) provide support for independent peer review panels under section 2034; and (D) carry out such other duties as are prescribed by the Secretary. (f) Completion of Corps of Engineers Reports.— (1) Alternatives.— (A) In general.— Feasibility and other studies and assessments for a water resources project shall include recommendations for alternatives— (i) that, as determined in coordination with the non-Federal interest for the project, promote integrated water resources management; and (ii) for which the non-Federal interest is willing to provide the non-Federal share for the studies or assessments. (B) Constraints.— The alternatives contained in studies and assessments described in subparagraph (A) shall not be constrained by budgetary or other policy. (C) Reports of chief of engineers.— The reports of the Chief of Engineers shall identify any recommendation that is not the best technical solution to water resource needs and problems and the reason for the deviation. (2) Report completion.— The completion of a report of the Chief of Engineers for a water resources project— (A) shall not be delayed while consideration is being given to potential changes in policy or priority for project consideration; and (B) shall be submitted, on completion, to— (i) the Committee on Environment and Public Works of the Senate; and (ii) the Committee on Transportation and Infrastructure of the House of Representatives. (g) Completion Review.— (1) In general.— Except as provided in paragraph (2), not later than 120 days after the date of completion of a report of the Chief of Engineers that recommends to Congress a water resources project, the Secretary shall— (A) review the report; and (B) provide any recommendations of the Secretary regarding the water resources project to Congress. (2) Prior reports.— Not later than 180 days after the date of enactment of this Act, with respect to any report of the Chief of Engineers recommending a water resources project that is complete prior to the date of enactment of this Act, the Secretary shall complete review of, and provide recommendations to Congress for, the report in accordance with paragraph (1).

2. 2014

   Water Resources Reform and Development Act of 2014

   Pub. L. 113–121 title II § 2103 · 128 Stat. 1193

   Added · 33 U.S.C. § 2282a(e)(3)

   Pub. L. 113–121 added par. (3)

   Source evidence

   Code amendment note
   Subsec. (e)(3). Pub. L. 113–121 added par. (3).

   Enacted provision · exact public law section
   SEC. 2103. CONSOLIDATION OF DEEP DRAFT NAVIGATION EXPERTISE.   Section 2033(e) of the Water Resources Development Act of 2007 (33 U.S.C. 2282a(e)) is amended by adding at the end the following: “(3) Deep draft navigation planning center of expertise.— “(A) In general.— The Secretary shall consolidate deep draft navigation expertise within the Corps of Engineers into a deep draft navigation planning center of expertise. “(B) List.— Not later than 60 days after the date of the consolidation required under subparagraph (A), 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 list of the grade levels and expertise of each of the personnel assigned to the center described in subparagraph (A).” .

2 of 2 references resolved to an enrolled provision