Title 33Navigation and Navigable WatersRelease 119-73

§2341c Criteria for funding environmental infrastructure projects

Title 33 › Chapter CHAPTER 36— - WATER RESOURCES DEVELOPMENT › Subchapter SUBCHAPTER V— - GENERAL PROVISIONS › § 2341c

Last updated Apr 6, 2026|Official source

Summary

The Secretary must, no later than 180 days after December 27, 2020, write clear rules for how to evaluate and rank each environmental assistance project that Congress has authorized the Secretary to carry out, including projects under environmental assistance programs. The rules must at least look at local economic effects (both good and bad, such as benefits to the local economy, how the project supports local growth, jobs directly created, and whether the local partner can pay its share); the community’s type and needs (for example, rural areas or economically disadvantaged, including minority, communities); how much money the project already got; the Army Corps of Engineers’ ability to fund it; whether another federal program could do the project at the same cost to the local partner; and any other factors the Secretary thinks are appropriate. The Secretary must put these rules into the annual Civil Works Direct Program Development Policy Guidance. For fiscal year 2022, and every two years after that, when the President sends the annual budget to Congress, the Secretary must send a report to the Senate Committees on Environment and Public Works and on Appropriations, and to the House Committees on Transportation and Infrastructure and on Appropriations, showing the Secretary’s ranking of the authorized environmental assistance projects using the developed criteria.

Full Legal Text

Title 33, §2341c

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(a)Not later than 180 days after December 27, 2020, the Secretary shall develop specific criteria for the evaluation and ranking of individual environmental assistance projects authorized by Congress (including projects authorized pursuant to environmental assistance programs) for the Secretary to carry out.
(b)For the purposes of carrying out this section, the Secretary shall evaluate, at a minimum—
(1)the nature and extent of the positive and negative local economic impacts of the project, including—
(A)the benefits of the project to the local economy;
(B)the extent to which the project will enhance local development;
(C)the number of jobs that will be directly created by the project; and
(D)the ability of the non-Federal interest to pay the applicable non-Federal share of the cost of the project;
(2)the demographics of the location in which the project is to be carried out, including whether the project serves—
(A)a rural community; or
(B)an economically disadvantaged community, including an economically disadvantaged minority community;
(3)the amount of appropriations a project has received;
(4)the funding capability of the Corps of Engineers with respect to the project;
(5)whether the project could be carried out under other Federal authorities at an equivalent cost to the non-Federal interest; and
(6)any other criteria that the Secretary considers to be appropriate.
(c)The Secretary shall include the criteria developed under subsection (a) in the annual Civil Works Direct Program Development Policy Guidance of the Secretary.
(d)For fiscal year 2022, and biennially thereafter, in conjunction with the President’s annual budget submission to Congress under section 1105(a) of title 31, the Secretary shall submit to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives a report that identifies the Secretary’s ranking of individual environmental assistance projects authorized by Congress for the Secretary to carry out, in accordance with the criteria developed under this section.

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. Definitions For definition of “economically disadvantaged community” as used in this section, see section 160 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. § 2341c

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73