§2231 Study of water resources development projects by non-Federal interests

The National Environmental Policy Act of 1969, referred to in subsec. (b)(2)(B), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

note set out under section 4321 of Title 42 and Tables.

2025—Subsec. (a)(1)(A). Pub. L. 118–272, § 1109(a)(1)(A)(i), substituted “may undertake and submit to the Secretary— “(A) a federally authorized feasibility study of a proposed water resources development project; or” for “may undertake a federally authorized feasibility study of a proposed water resources development project, or,”. Subsec. (a)(1)(B). Pub. L. 118–272, § 1109(a)(1)(A)(ii), (iii), substituted “(B) upon the determination” for “upon the written approval”, struck out “undertake” before “a feasibility”, and substituted “or constructed by a non-Federal interest pursuant to section 2232 of this title” for “, and submit the study to the Secretary”. Subsec. (a)(2). Pub. L. 118–272, § 1109(a)(1)(B)(i), in introductory provisions, struck out “, as soon as practicable,” after “Secretary” and substituted “non-Federal interests that” for “non-Federal interests to”. Subsec. (a)(2)(A). Pub. L. 118–272, § 1109(a)(1)(B)(ii), added subpar. (A) and struck out former subpar. (A) which read as follows: “ensure that any feasibility study with respect to which the Secretary submits an assessment to Congress under subsection (c) complies with all of the requirements that would apply to a feasibility study undertaken by the Secretary; and”. Subsec. (a)(2)(C), (D). Pub. L. 118–272, § 1109(a)(1)(B)(iii), (iv), added subpars. (C) and (D). Subsec. (a)(3). Pub. L. 118–272, § 1109(a)(1)(C), added par. (3). Subsec. (b)(3)(B). Pub. L. 118–272, § 1109(a)(2)(A)(i), substituted “receives a study submission under subsection (a) or receives a request under subparagraph (A)” for “receives a request under this paragraph”. Subsec. (b)(3)(C). Pub. L. 118–272, § 1109(a)(2)(A)(ii), added subpar. (C). Subsec. (b)(4). Pub. L. 118–272, § 1109(a)(2)(B), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: “Upon receipt of a request under paragraph (3), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the request and a timeline for completion of the required analyses, reviews, and compliance processes.” Subsec. (b)(5). Pub. L. 118–272, § 1109(a)(2)(C), substituted “receiving a study submission under subsection (a) or a request under paragraph (3)(A)” for “receiving a request under paragraph (3)”. Subsec. (d). Pub. L. 118–272, § 1109(a)(3), designated existing provisions as par. (1), inserted heading, substituted “of the project or modification to the project” for “of the project”, and added par. (2). Subsec. (f). Pub. L. 118–272, § 1109(a)(4), added subsec. (f). 2020—Subsec. (a)(1). Pub. L. 116–260, § 161(a)(1)(A), inserted “, or, upon the written approval of the Secretary that the modifications are consistent with the authorized purposes of the project, undertake a feasibility study on modifications to a water resources development project constructed by the Corps of Engineers,” after “water resources development project”. Subsec. (a)(2). Pub. L. 116–260, § 161(a)(1)(B), substituted “for the formulation of feasibility studies of water resources development projects undertaken by non-Federal interests to—” for “for feasibility studies of water resources development projects to provide sufficient information for the formulation of the studies.” and added subpars. (A) and (B). Subsec. (b). Pub. L. 116–260, § 161(a)(2), designated existing provisions as par. (1), inserted heading, and added pars. (2) to (5). Subsec. (c)(1). Pub. L. 116–260, § 161(a)(3), in introductory provisions, substituted “after the completion of review of a feasibility study under subsection (b)” for “after the date of receipt of a feasibility study of a project under subsection (a)(1)” and “an assessment” for “a report”. 2018—Subsec. (a)(1). Pub. L. 115–270, § 1152(1), inserted “federally authorized” before “feasibility study”. Subsec. (c). Pub. L. 115–270, § 1152(2), amended subsec. (c) generally. Prior to amendment, text read as follows: “Not later than 180 days after the date of receipt of a feasibility study of a project under subsection (a)(1), 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 report that describes— “(1) the results of the Secretary’s review of the study under subsection (b), including a determination of whether the project is feasible; “(2) any recommendations the Secretary may have concerning the plan or design of the project; and “(3) any conditions the Secretary may require for

of the project.” Subsec. (e). Pub. L. 115–270, § 1152(3), amended subsec. (e) generally. Prior to amendment, text read as follows “At the request of a non-Federal interest, the Secretary may provide to the non-Federal interest technical assistance relating to any aspect of a feasibility study if the non-Federal interest contracts with the Secretary to pay all costs of providing such technical assistance.”. 2016—Subsec. (e). Pub. L. 114–322 added subsec. (e). 2014—Pub. L. 113–121 amended section generally. Prior to amendment, section related to studies of projects by non-Federal interests.

For

of title II of Pub. L. 99–662, enacting this subchapter, as the Harbor Development and Navigation Improvement Act of 1986, see section 215 of Pub. L. 99–662, set out as a note under section 2201 of this title. Guidance Pub. L. 118–272, div. A, title I, § 1109(b), Jan. 4, 2025, 138 Stat. 3009, provided that: “Not later than 18 months after the date of enactment of this Act [Jan. 4, 2025], the Secretary [of the Army] shall update any guidance as necessary to reflect the

made by this section [amending this section].” Implementation Pub. L. 118–272, div. A, title I, § 1109(c), Jan. 4, 2025, 138 Stat. 3009, provided that: “Any non-Federal interest that has entered in a written agreement with the Secretary [of the Army] related to carrying out a feasibility study pursuant to section 203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231) before the date of enactment of this Act [Jan. 4, 2025] may submit to the Secretary a request to amend such agreement to reflect the

made by this section [amending this section].” Deadline Pub. L. 116–260, div. AA, title I, § 161(b), Dec. 27, 2020, 134 Stat. 2667, provided that: “Not later than 90 days after the date of enactment of this Act [Dec. 27, 2020], the Secretary [of the Army] shall issue revised guidelines under section 203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231) to implement the

made by this section [amending this section].” Hold Harmless Pub. L. 116–260, div. AA, title I, § 161(c), Dec. 27, 2020, 134 Stat. 2667, provided that: “(1) One-year window.—The

made by this section [amending this section] shall not apply to any feasibility study submitted to the Secretary [of the Army] under section 203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231) during the one-year period prior to the date of enactment of this section [Dec. 27, 2020]. “(2) 2020 projects.—The

made by this section shall not apply to any project authorized by section 403 of this Act [section 403 of div. AA of Pub. L. 116–260, 134 Stat. 2743, which is not classified to the Code].”