Title 33Navigation and Navigable WatersRelease 119-73

§2282f Review of resiliency assessments

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

Last updated Apr 6, 2026|Official source

Summary

Within 180 days after December 27, 2020, the Secretary must review and, if needed, update Army Corps guidance and rules on how to assess sea level rise and inland flooding for future water projects, using the best peer‑reviewed science and coordinating with the Engineer Research and Development Center, federal and state agencies, and other relevant groups, and using their data when practical. When a non‑Federal party asks for a feasibility study for flood risk reduction, hurricane or storm damage reduction, or ecosystem restoration, the Secretary must consider whether sea level rise or inland flooding caused or made the need worse and, to the maximum extent practicable, document the project’s likely impacts and expected benefits over the 50‑year period after completion.

Full Legal Text

Title 33, §2282f

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)(1)Not later than 180 days after December 27, 2020, and in conjunction with the development of procedures under section 1962–4 of title 42, the Secretary is directed to review, and where appropriate, revise the existing planning guidance documents and regulations of the Corps of Engineers on the assessment of the effects of sea level rise or inland flooding on future water resources development projects to ensure that such guidance documents and regulations are based on the best available, peer-reviewed science and data on the current and future effects of sea level rise or inland flooding on relevant communities.
(2)In carrying out this subsection, the Secretary shall—
(A)coordinate the review with the Engineer Research and Development Center, other Federal and State agencies, and other relevant entities; and
(B)to the maximum extent practicable and where appropriate, utilize data provided to the Secretary by such agencies.
(b)(1)Upon the request of a non-Federal interest, in carrying out a feasibility study for a project for flood risk mitigation, hurricane and storm damage risk reduction, or ecosystem restoration under section 2282 of this title, the Secretary shall consider whether the need for the project is predicated upon or exacerbated by conditions related to sea level rise or inland flooding.
(2)To the maximum extent practicable, in carrying out a study pursuant to paragraph (1), the Secretary shall document the potential effects of sea level rise or inland flooding on the project, and the expected benefits of the project relating to sea level rise or inland flooding, during the 50-year period after the date of completion of the project.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.

Reference

Citations & Metadata

Citation

33 U.S.C. § 2282f

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73