U.S Code last checked for updates: Mar 08, 2025
All TitlesTitle 33Chapter 36Subchapter II
§ 2231.
Study of water resources development projects by non-Federal interests
(a)
Submission to Secretary
(1)
In general
A non-Federal interest may undertake and submit to the Secretary—
(A)
a federally authorized feasibility study of a proposed water resources development project; or
(B)
upon the determination of the Secretary that the modifications are consistent with the authorized purposes of the project, a feasibility study on modifications to a water resources development project constructed by the Corps of Engineers or constructed by a non-Federal interest pursuant to section 2232 of this title.
(2)
Guidelines
To assist non-Federal interests, the Secretary shall issue guidelines for the formulation of feasibility studies of water resources development projects undertaken by non-Federal interests that—
(A)
provide clear, concise, and transparent guidance for the non-Federal interest to use in developing a feasibility study that complies with requirements that would apply to a feasibility study undertaken by the Secretary;
(B)
provide sufficient information for the formulation of the studies, including processes and procedures related to reviews and assistance under subsection (e);
(C)
provide guidance to a non-Federal interest on obtaining support from the Secretary to complete elements of a feasibility study that may be considered inherently governmental and required to be done by a Federal agency; and
(D)
provide contacts for employees of the Corps of Engineers that a non-Federal interest may use to initiate coordination with the Secretary and identify at what stages coordination may be beneficial.
(3)
Determination
(b)
Review by Secretary
(1)
In general
(2)
Timing
The Secretary may not submit to Congress an assessment of a feasibility study under this section until such time as the Secretary—
(A)
determines that the feasibility study complies with all of the requirements that would apply to a feasibility study undertaken by the Secretary; and
(B)
completes all of the Federal analyses, reviews, and compliance processes under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), that would be required with respect to the proposed project if the Secretary had undertaken the feasibility study.
(3)
Initiation of review
(A)
Request
(i)
Submission
(ii)
Effect
(B)
Deadline
(C)
Additional information required
(4)
Notification
(5)
Status updates
(c)
Submission to Congress
(1)
Review and submission of studies to Congress
Not later than 180 days after the completion of review of a feasibility study under subsection (b), 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 an assessment that describes—
(A)
the results of the Secretary’s review of the study under subsection (b), including a determination of whether the project is feasible;
(B)
any recommendations the Secretary may have concerning the plan or design of the project; and
(C)
any conditions the Secretary may require for construction of the project.
(2)
Limitation
(d)
Credit
(1)
In general
(2)
Maximum amount
(e)
Review and technical assistance
(1)
Review
(2)
Technical assistance
(3)
Limitation
(4)
Impartial decisionmaking
(5)
Savings provision
The provision of technical assistance by the Secretary under paragraph (2)—
(A)
shall not be considered to be an approval or endorsement of the feasibility study; and
(B)
shall not affect the responsibilities of the Secretary under subsections (b) and (c).
(f)
Authorization of appropriations
(Pub. L. 99–662, title II, § 203, Nov. 17, 1986, 100 Stat. 4098; Pub. L. 113–121, title I, § 1014(a), June 10, 2014, 128 Stat. 1219; Pub. L. 114–322, title I, § 1126, Dec. 16, 2016, 130 Stat. 1648; Pub. L. 115–270, title I, § 1152, Oct. 23, 2018, 132 Stat. 3788; Pub. L. 116–260, div. AA, title I, § 161(a), Dec. 27, 2020, 134 Stat. 2665; Pub. L. 118–272, div. A, title I, § 1109(a), Jan. 4, 2025, 138 Stat. 3007.)
cite as: 33 USC 2231
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