§ 579a. Corps budgeting; project deauthorizations; comprehensive backlog report

Footnotes

1. 1 So in original.

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. 1986

   Pub. L. 99–662 title X § 1001 · 100 Stat. 4082

   Enacted · 33 U.S.C. § 579a

   Pub. L. 99–662, title X, § 1001, Nov. 17, 1986, 100 Stat. 4201

   Source evidence

   Code source credit
   Pub. L. 99–662, title X, § 1001, Nov. 17, 1986, 100 Stat. 4201

   Enacted provision · exact public law section
   Sec. 1001. (a) Any project authorized for construction by this Act 33 USC 579a. shall not be authorized after the last day of the 5-year period beginning on the date of enactment of this Act unless during such period funds have been obligated for construction, including planning and designing, of such project. (b) (1) Not later than one year after the date of enactment of this Act, the Secretary shall transmit to Congress a list of unconstructed projects, or unconstructed separable elements of projects, which have been authorized, but have received no obligations during the 10 full fiscal years preceding the transmittal of such list. A project or separable element included in such list is not authorized after December 31, 1989, if funds have not been obligated for construction of such project or element after the date of enactment of this Act and before December 31, 1989. (2) Every two years after the transmittal of the list under paragraph (1), the Secretary shall transmit to Congress a list of projects or separable elements of projects which have been authorized, but have received no obligations during the 10 full fiscal years preceding the transmittal of such list. A project or separable element included in such list is not authorized after the date which is 30 months after the date the list is so transmitted if funds have not been obligated for construction of such project or element during such 30-month period. (c) Federal Register, publication. The Secretary shall publish in the Federal Register a list of any projects or separable elements that are deauthorized under this section.

2. 1990

   Water Resources Development Act of 1990

   Pub. L. 101–640 title I § 119(a) · 104 Stat. 4604

   Inserted · 33 U.S.C. § 579a(b)(2)

   Pub. L. 101–640 inserted after first sentence “Before submission of such list to Congress, the Secretary shall notify each Senator in whose State, and each Member of the House of Representatives in whose district, a project (including any part thereof) on such list would be located.”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 101–640 inserted after first sentence “Before submission of such list to Congress, the Secretary shall notify each Senator in whose State, and each Member of the House of Representatives in whose district, a project (including any part thereof) on such list would be located.”

   Enacted provision · exact public law section
   (a) Notification of Members of Congress.— Section 1001(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)) is amended by inserting after the first sentence the following new sentence: “Before submission of such list to Congress, the Secretary shall notify each Senator in whose State, and each Member of the House of Representatives in whose district, a project (including any part thereof) on such list would be located.”.

3. 1996

   Water Resources Development Act of 1996

   Pub. L. 104–303 title II § 228(a) · 110 Stat. 3658

   1. Substituted · 33 U.S.C. § 579a(b)(2)

      Pub. L. 104–303 substituted “7 full” for “10 full”

   2. Substituted · 33 U.S.C. § 579a(b)(2)

      Pub. L. 104–303 substituted “Upon submission” for “Before submission”

   3. Substituted · 33 U.S.C. § 579a(b)(2)

      Pub. L. 104–303 substituted “for the planning, design, or construction” for “for construction”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 104–303 substituted “7 full” for “10 full”, “Upon submission” for “Before submission”, and “for the planning, design, or construction” for “for construction”.

   Enacted provision · exact public law section
   (a) In General.— Section 1001(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2); 100 Stat. 4201) is amended— (1) in the 1st sentence by striking “10” and inserting “7”; (2) in the 2d sentence by striking “Before” and inserting “Upon”; and (3) in the last sentence by inserting “the planning, design, or” before “construction”.

4. 1999

   Pub. L. 106–109 § 8(d) · 113 Stat. 1494

   Substituted · 33 U.S.C. § 579a(b)(2)

   Pub. L. 106–109, in first sentence, substituted “Notwithstanding section 3003 of Public Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), every” for “Every”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 106–109, in first sentence, substituted “Notwithstanding section 3003 of Public Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), every” for “Every”.

   Enacted provision · exact public law section
   (d) List of Authorized but Unfunded Projects.— Section 1001(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)) is amended in the first sentence by striking “Every” and inserting “Notwithstanding section 3003 of Public Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), every”.

5. 2007

   Water Resources Development Act of 2007

   Pub. L. 110–114 § 2046(3) · 121 Stat. 1041

   Substituted · 33 U.S.C. § 579a(b)(2)

   Pub. L. 110–114, § 2046(3), which directed the substitution of “such period” for “such 30 month period” in last sentence, was executed by making the substitution for “such 30-month period” to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 110–114, § 2046(3), which directed the substitution of “such period” for “such 30 month period” in last sentence, was executed by making the substitution for “such 30-month period” to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (3) in the last sentence by striking “such 30 month period” and inserting “such period”.

6. 2007

   Water Resources Development Act of 2007

   Pub. L. 110–114 § 2046(2) · 121 Stat. 1041

   Substituted · 33 U.S.C. § 579a(b)(2)

   Pub. L. 110–114, § 2046(2), in last sentence, substituted “the last date of the fiscal year following the fiscal year in which” for “30 months after the date”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 110–114, § 2046(2), in last sentence, substituted “the last date of the fiscal year following the fiscal year in which” for “30 months after the date”.

   Enacted provision · exact public law section
   (2) in the last sentence by striking “30 months after the date” and inserting “the last date of the fiscal year following the fiscal year in which”; and

7. 2007

   Water Resources Development Act of 2007

   Pub. L. 110–114 § 2046(1) · 121 Stat. 1041

   1. Substituted · 33 U.S.C. § 579a(b)(2)

      Pub. L. 110–114, § 2046(1), in first sentence, substituted “year” for “two years”

   2. Substituted · 33 U.S.C. § 579a(b)(2)

      Pub. L. 110–114, § 2046(1), in first sentence, substituted “5” for “7”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 110–114, § 2046(1), in first sentence, substituted “year” for “two years” and “5” for “7”.

   Enacted provision · exact public law section
   (1) in the first sentence— (A) by striking “two years” and inserting “year”; and (B) by striking “7” and inserting “5”;

8. 2014

   Water Resources Reform and Development Act of 2014

   Pub. L. 113–121 title VI § 6001(b) · 128 Stat. 1193

   Added · 33 U.S.C. § 579a(b)(3); 33 U.S.C. § 579a(b)(4)

   Pub. L. 113–121 added pars. (3) and (4)

   Source evidence

   Code amendment note
   Subsec. (b)(3), (4). Pub. L. 113–121 added pars. (3) and (4).

   Enacted provision · exact public law section
   (b) Comprehensive Status Reports.— Section 1001(b) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)) is amended by adding at the end the following: “(3) Minimum funding list.— At the end of each fiscal year, 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, and make available on a publicly accessible Internet site in a manner that is downloadable, searchable, and sortable, a list of— “(A) projects or separable elements of projects authorized for construction for which funding has been obligated during the current fiscal year or any of the 6 preceding fiscal years; “(B) the amount of funding obligated for each such project or separable element per fiscal year; “(C) the current phase of each such project or separable element of a project; and “(D) the amount required to complete the current phase of each such project or separable element. “(4) Comprehensive backlog report.— “(A) In general.— The Secretary shall compile and publish a complete list of all projects and separable elements of projects of the Corps of Engineers that are authorized for construction but have not been completed. “(B) Required information.— The Secretary shall include on the list developed under subparagraph (A) for each project and separable element on that list— “(i) the date of authorization of the project or separable element, including any subsequent modifications to the original authorization; “(ii) the original budget authority for the project or separable element; “(iii) a brief description of the project or separable element; “(iv) the estimated date of completion of the project or separable element; “(v) the estimated cost of completion of the project or separable element; and “(vi) any amounts appropriated for the project or separable element that remain unobligated. “(C) Publication.— “(i) In general.— Not later than 1 year after the date of enactment of this paragraph, the Secretary shall submit a copy of the list developed under subparagraph (A) to— “(I) the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and “(II) the Director of the Office of Management and Budget. “(ii) Public availability.— Beginning on the date the Secretary submits the report to Congress under clause (i), the Secretary shall make a copy of the list available on a publicly accessible Internet site in a manner that is downloadable, searchable, and sortable.” .

9. 2018

   Water Resources Development Act of 2018

   Pub. L. 115–270 § 1154(a)(1) · 132 Stat. 3765

   Substituted · 33 U.S.C. § 579a

   Pub. L. 115–270, § 1154(a)(1), substituted “Corps budgeting; project deauthorizations; comprehensive backlog report” for “Project deauthorizations” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 115–270, § 1154(a)(1), substituted “Corps budgeting; project deauthorizations; comprehensive backlog report” for “Project deauthorizations” in section catchline.

   Enacted provision · exact public law section
   (1) by striking the section designator and all that follows through “Any project” and inserting the following: “SEC. 1001. CORPS BUDGETING; PROJECT DEAUTHORIZATIONS; COMPREHENSIVE BACKLOG REPORT. “(a) Any project” ; and

10. 2018

    Water Resources Development Act of 2018

    Pub. L. 115–270 § 1154(a)(2) · 132 Stat. 3765

    1. Added · 33 U.S.C. § 579a(b)(3); 33 U.S.C. § 579a(b)(4)

       Pub. L. 115–270, § 1154(a)(2), added pars. (3) and (4)

    2. Struck · 33 U.S.C. § 579a(b)(3); 33 U.S.C. § 579a(b)(4)

       Pub. L. 115–270, § 1154(a)(2), struck out former pars. (3) and (4) which related to minimum funding lists and comprehensive backlog reports, respectively

    Source evidence

    Code amendment note
    Subsec. (b)(3), (4). Pub. L. 115–270, § 1154(a)(2), added pars. (3) and (4) and struck out former pars. (3) and (4) which related to minimum funding lists and comprehensive backlog reports, respectively.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking paragraphs (3) and (4) and inserting the following: “(3) Comprehensive construction backlog and operation and maintenance report.— “(A) In general.— The Secretary, once every 2 years, shall compile and publish— “(i) a complete list of all projects and separable elements of projects of the Corps of Engineers that are authorized for construction but have not been completed; “(ii) a complete list of all feasibility studies of the Corps of Engineers that Congress has authorized the Secretary to carry out for which a Report of the Chief of Engineers has not been issued; “(iii) a complete list of all environmental infrastructure projects authorized by Congress under section 219 of the Water Resources Development Act of 1992 (106 Stat. 4835); and “(iv) a list of major Federal operation and maintenance needs of projects and properties under the control of the Corps of Engineers. “(B) Required information.— The Secretary shall include on each list developed under clause (i), (ii), or (iii) of subparagraph (A) for each feasibility study, project, and separable element on that list— “(i) the date of authorization of the feasibility study, project, or separable element, including any subsequent modifications to the original authorization; “(ii) the original budget authority for the feasibility study, project, or separable element; “(iii) a brief description of the feasibility study, project, or separable element; “(iv) the estimated date of completion of the feasibility study, project, or separable element, assuming all capability is fully funded; “(v) the estimated total cost of completion of the feasibility study, project, or separable element; “(vi) the amount of funds spent on the feasibility study, project, or separable element, including Federal and non-Federal funds; “(vii) the amount of appropriations estimated to be required in each fiscal year during the period of construction to complete the project or separable element by the date specified under clause (iv); “(viii) the location of the feasibility study, project, or separable element; “(ix) a statement from the non-Federal interest for the project or separable element indicating the non-Federal interest’s capability to provide the required local cooperation estimated to be required for the project or separable element in each fiscal year during the period of construction; “(x) the benefit-cost ratio of the project or separable element, calculated using the discount rate specified by the Office of Management and Budget for purposes of preparing the President’s budget pursuant to chapter 11 of title 31, United States Code; “(xi) the benefit-cost ratio of the project or separable element, calculated using the discount rate utilized by the Corps of Engineers for water resources development project planning pursuant to section 80 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–17); and “(xii) the last fiscal year in which the project or separable element incurred obligations. “(C) Required operation and maintenance information.— The Secretary Estimates. shall include on the list developed under subparagraph (A)(iv), for each project and property under the control of the Corps of Engineers on that list— “(i) the authority under which the project was authorized or the property was acquired by the Corps of Engineers; “(ii) a brief description of the project or property; “(iii) an estimate of the Federal costs to meet the major operation and maintenance needs at the project or property; and “(iv) an estimate of unmet or deferred operation and maintenance needs at the project or property. “(D) Publication.— “(i) In general.— For fiscal year 2020, and once every 2 years thereafter, in conjunction with the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit a copy of the lists developed under subparagraph (A) to— “(I) the Committee on Environment and Public Works and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives; and “(II) the Director of the Office of Management and Budget. “(ii) Public availability.— The Secretary shall make a copy of the lists available on a publicly accessible website site in a manner that is downloadable, searchable, and sortable.” .

11. 2020

    Water Resources Development Act of 2020

    Pub. L. 116–260 § 360(b)(1) · 134 Stat. 1182

    1. Redesignated · 33 U.S.C. § 579a(b)(2); 33 U.S.C. § 579a(b)(3)

       Pub. L. 116–260, § 360(b)(1), redesignated par. (3) as (2)

    2. Struck · 33 U.S.C. § 579a(b)(2); 33 U.S.C. § 579a(b)(3)

       Pub. L. 116–260, § 360(b)(1), struck out former par. (2) which related to project deauthorizations and notification to Congress

    Source evidence

    Code amendment note
    Subsec. (b)(2), (3). Pub. L. 116–260, § 360(b)(1), redesignated par. (3) as (2) and struck out former par. (2) which related to project deauthorizations and notification to Congress.

    Enacted provision · exact public law section
    (1) in subsection (b), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and

12. 2020

    Water Resources Development Act of 2020

    Pub. L. 116–260 § 360(b)(2) · 134 Stat. 1182

    Struck · 33 U.S.C. § 579a(c)

    Pub. L. 116–260, § 360(b)(2), struck out subsec. (c). Prior to amendment, text read as follows: “The Secretary shall publish in the Federal Register a list of any projects or separable elements that are deauthorized under this section.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 116–260, § 360(b)(2), struck out subsec. (c). Prior to amendment, text read as follows: “The Secretary shall publish in the Federal Register a list of any projects or separable elements that are deauthorized under this section.”

    Enacted provision · exact public law section
    (2) by striking subsection (c).

17 of 17 references resolved to an enrolled provision