33 USC 2282 - Feasibility reports

U.S Code last checked for updates: Jan 19, 2025

§ 2282.

Feasibility reports

(a)

Preparation of reports

(1)

In general

(2)

Contents of feasibility reports

(3)

Applicability

This subsection shall not apply to—

(A)

any study with respect to which a report has been submitted to Congress before November 17, 1986;

(B)

any study for a project, which project is authorized for construction by this Act and is not subject to section 903(b); 1

 See References in Text note below.

(C)

any study for a project which does not require specific authorization by Congress in law or otherwise; and

(D)

general studies not intended to lead to recommendation of a specific water resources project.

(4)

Feasibility report defined

(b)

Federal interest determination

(1)

In general

(A)

Economically disadvantaged communities

(B)

Other communities

(2)

Cost share

The costs of a determination under paragraph (1)—

(A)

shall be at Federal expense; and

(B)

shall not exceed $200,000.

(3)

Deadline

(4)

Treatment

(A)

Timing

(B)

Cost

(5)

Report to non-Federal interest

(c)

Projects not specifically authorized by Congress

(d)

Indian tribes

(e)

Standard and uniform procedures and practices

(f)

Enhanced public participation

(1)

In general

(2)

Membership

(3)

Limitation

(g)

Detailed project schedule

(1)

In general

(2)

Detailed project schedule milestones

(3)

Non-Federal interest notification

Each District Engineer shall submit by certified mail the detailed project schedule under paragraph (2) to each relevant non-Federal interest—

(A)

for projects that have received funding from the General Investigations Account of the Corps of Engineers in the period beginning on October 1, 2009, and ending on June 10, 2014, not later than 180 days after the establishment of milestones under paragraph (1); and

(B)

for projects for which a feasibility cost-sharing agreement is executed after the establishment of milestones under paragraph (1), not later than 90 days after the date on which the agreement is executed.

(4)

Congressional and public notification

Beginning in the first full fiscal year after June 10, 2014, the Secretary shall—

(A)

submit an annual report that lists all detailed project schedules under paragraph (2) and an explanation of any missed deadlines to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and

(B)

make publicly available, including on the Internet, a copy of the annual report described in subparagraph (A) not later than 14 days after date 2

 So in original. Probably should be preceded by “the”.

on which a report is submitted to Congress.

(5)

Failure to act

If a District Engineer fails to meet any of the deadlines in the project schedule under paragraph (2), the District Engineer shall—

(A)

not later than 30 days after each missed deadline, submit to the non-Federal interest a report detailing—

(i)

why the District Engineer failed to meet the deadline; and

(ii)

a revised project schedule reflecting amended deadlines for the feasibility study; and

(B)

not later than 30 days after each missed deadline, make publicly available, including on the Internet, a copy of the amended project schedule described in subparagraph (A)(ii).

(Pub. L. 99–662, title IX, § 905, Nov. 17, 1986, 100 Stat. 4185; Pub. L. 106–541, title II, § 222(a), Dec. 11, 2000, 114 Stat. 2597; Pub. L. 110–114, title II, § 2043(b), Nov. 8, 2007, 121 Stat. 1101; Pub. L. 113–121, title I, § 1002(a)–(c), June 10, 2014, 128 Stat. 1198; Pub. L. 116–260, div. AA, title I, § 117, Dec. 27, 2020, 134 Stat. 2628; Pub. L. 117–263, div. H, title LXXXI, § 8156, Dec. 23, 2022, 136 Stat. 3738.)

cite as: 33 USC 2282