§ 579f. Budgetary evaluation metrics and transparency; public participation

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. 2018

   Water Resources Development Act of 2018

   Pub. L. 115–270 title I § 1154 · 132 Stat. 3765

   Enacted · 33 U.S.C. § 579f

   (Pub. L. 115–270, title I, § 1154, Oct. 23, 2018, 132 Stat. 3791.)

   Source evidence

   Code source credit
   (Pub. L. 115–270, title I, § 1154, Oct. 23, 2018, 132 Stat. 3791.)

   Enacted provision · exact public law section
   SEC. 1154. CORPS BUDGETING; PROJECT DEAUTHORIZATIONS; COMPREHENSIVE BACKLOG REPORT. (a) In General.— Section 1001 of the Water Resources Development Act of 1986 (33 U.S.C. 579a) is amended— (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 (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.” . (b) Budgetary Evaluation Metrics and Transparency.— Beginning Effective date. President. in fiscal year 2020, in the formulation of the annual budget request for the U.S. Army Corps of Engineers (Civil Works) pursuant to section 1105(a) of title 31, United States Code, the President shall ensure that such budget request— (1) aligns the assessment of the potential benefit-cost ratio for budgeting water resources development projects with that used by the Corps of Engineers during project plan formulation and evaluation pursuant to section 80 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–17); and (2) demonstrates the transparent criteria and metrics utilized by the President in the evaluation and selection of water resources development projects included in such budget request. (c) Public Participation.— In the development of, or any proposed major substantive modification to, a proposed budget for water resources development projects, the Secretary, through each District shall, not less frequently than annually— (1) provide to non-Federal interests and other interested stakeholders information on the proposed budget for projects or substantive modifications to project budgets within each District’s jurisdiction; (2) hold multiple public meetings to discuss the budget for projects within each District’s jurisdiction; and (3) provide to non-Federal interests the opportunity to collaborate with District personnel for projects within each District’s jurisdiction— (A) to support information sharing; and (B) to the maximum extent practicable, to share in concept development and decisionmaking to achieve complementary or integrated solutions to problems.

1 of 1 references resolved to an enrolled provision