Title 33Navigation and Navigable WatersRelease 119-73

§2282a Planning

Title 33 › Chapter CHAPTER 36— - WATER RESOURCES DEVELOPMENT › Subchapter SUBCHAPTER V— - GENERAL PROVISIONS › § 2282a

Last updated Apr 6, 2026|Official source

Summary

The Chief of Engineers must use a risk-based method when making cost estimates for water projects. Not later than one year after November 8, 2007, the Chief of Engineers must publish procedures for that risk analysis and send Congress a report that can include suggested changes to section 2280. Also, not later than 12 months after November 8, 2007, the Chief of Engineers must set time benchmarks for how long feasibility studies and the NEPA review should take. The goal is generally to finish studies in 2 years, but for bigger or more complex projects the goal is generally within 4 years. Feasibility studies for flood control must show the leftover flood risk, the leftover threat to life and safety, any upstream or downstream effects, and must compare building solutions and nonbuilding solutions fairly. The Secretary may create centers of expertise to help Corps districts with planning, to review new scientific and engineering methods, and to support independent peer review panels. The Secretary must put deep-draft navigation experts into one center and, within 60 days after that consolidation, send Congress a list of staff grades and expertise. Project studies must recommend alternatives that support integrated water management and that a non-Federal partner will help fund, and those studies must not be held up by changing policy. When a Chief of Engineers report recommends a project, the Secretary must review it and send recommendations to Congress no later than 120 days after the report is finished. For reports finished before November 8, 2007, the Secretary had until 180 days after November 8, 2007 to finish review and send recommendations. Reports must be sent to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

Full Legal Text

Title 33, §2282a

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)
(b)The Chief of Engineers—
(1)shall adopt a risk analysis approach to project cost estimates for water resources projects; and
(2)not later than one year after November 8, 2007, shall—
(A)issue procedures for risk analysis for cost estimation for water resources projects; and
(B)submit to Congress a report that includes any recommended amendments to section 2280 of this title.
(c)(1)Not later than 12 months after November 8, 2007, the Chief of Engineers shall establish benchmarks for determining the length of time it should take to conduct a feasibility study for a water resources project and its associated review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Chief of Engineers shall use such benchmarks as a management tool to make the feasibility study process more efficient in all districts of the Corps of Engineers.
(2)The Chief of Engineers shall establish, to the extent practicable, under paragraph (1) benchmark goals for completion of feasibility studies for water resources projects generally within 2 years. In the case of feasibility studies that the Chief of Engineers determines may require additional time based on the project type, size, cost, or complexity, the benchmark goal for completion shall be generally within 4 years.
(d)A feasibility study for a project for flood damage reduction shall include, as part of the calculation of benefits and costs—
(1)a calculation of the residual risk of flooding following completion of the proposed project;
(2)a calculation of the residual risk of loss of human life and residual risk to human safety following completion of the proposed project;
(3)a calculation of any upstream or downstream impacts of the proposed project; and
(4)calculations to ensure that the benefits and costs associated with structural and nonstructural alternatives are evaluated in an equitable manner.
(e)(1)The Secretary may establish centers of expertise to provide specialized planning expertise for water resources projects to be carried out by the Secretary in order to enhance and supplement the capabilities of the districts of the Corps of Engineers.
(2)A center of expertise established under this subsection shall—
(A)provide technical and managerial assistance to district commanders of the Corps of Engineers for project planning, development, and implementation;
(B)provide agency peer reviews of new major scientific, engineering, or economic methods, models, or analyses that will be used to support decisions of the Secretary with respect to feasibility studies for water resources projects;
(C)provide support for independent peer review panels under section 2343 of this title; and
(D)carry out such other duties as are prescribed by the Secretary.
(3)(A)The Secretary shall consolidate deep draft navigation expertise within the Corps of Engineers into a deep draft navigation planning center of expertise.
(B)Not later than 60 days after the date of the consolidation required under subparagraph (A), 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 list of the grade levels and expertise of each of the personnel assigned to the center described in subparagraph (A).
(f)(1)(A)Feasibility and other studies and assessments for a water resources project shall include recommendations for alternatives—
(i)that, as determined in coordination with the non-Federal interest for the project, promote integrated water resources management; and
(ii)for which the non-Federal interest is willing to provide the non-Federal share for the studies or assessments.
(B)The alternatives contained in studies and assessments described in subparagraph (A) shall not be constrained by budgetary or other policy.
(C)The reports of the Chief of Engineers shall identify any recommendation that is not the best technical solution to water resource needs and problems and the reason for the deviation.
(2)The completion of a report of the Chief of Engineers for a water resources project—
(A)shall not be delayed while consideration is being given to potential changes in policy or priority for project consideration; and
(B)shall be submitted, on completion, to—
(i)the Committee on Environment and Public Works of the Senate; and
(ii)the Committee on Transportation and Infrastructure of the House of Representatives.
(g)(1)Except as provided in paragraph (2), not later than 120 days after the date of completion of a report of the Chief of Engineers that recommends to Congress a water resources project, the Secretary shall—
(A)review the report; and
(B)provide any recommendations of the Secretary regarding the water resources project to Congress.
(2)Not later than 180 days after November 8, 2007, with respect to any report of the Chief of Engineers recommending a water resources project that is complete prior to November 8, 2007, the Secretary shall complete review of, and provide recommendations to Congress for, the report in accordance with paragraph (1).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (c)(1), 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

Short Title

note set out under section 4321 of Title 42 and Tables. Codification Section is comprised of section 2033 of Pub. L. 110–114. Subsec. (a) of section 2033 of Pub. L. 110–114 amended section 2281 of this title. Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2014—Subsec. (e)(3). Pub. L. 113–121 added par. (3).

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.

Reference

Citations & Metadata

Citation

33 U.S.C. § 2282a

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73