§2347b — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The District Engineer must send the applicant a short “purpose and need” statement within 90 days after getting a complete water storage project application. The statement will say if the District Engineer agrees with the applicant’s reason for the project. If the engineer disagrees, the statement will explain the engineer’s view. No major NEPA environmental study may start until that statement is given. A non‑Federal interest (someone who is not a federal agency) can use the administrative appeals process in 33 CFR part 331 (or any later rule) to challenge Secretary decisions about the application.

Title 33, §2347b

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)(1)Not later than 90 days after the date of receipt of a complete application for a water storage project, the District Engineer shall develop and provide to the applicant a purpose and need statement that describes—

(A)whether the District Engineer concurs with the assessment of the purpose of and need for the water storage project proposed by the applicant; and

(B)in any case in which the District Engineer does not concur as described in subparagraph (A), an assessment by the District Engineer of the purpose of and need for the project.

(2)No environmental impact statement or environmental assessment required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall substantially commence with respect to a water storage project until the date on which the District Engineer provides to the applicant a purpose and need statement as required under paragraph (1).

(b)A non-Federal interest may use the administrative appeals process described in part 331 of title 33, Code of Federal Regulations (or any succeeding regulation), in relation to a decision of the Secretary related to an application for a water storage project.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (a)(2), 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 was enacted as part of the Water Resources Development Act of 2018, and also as part of the America’s Water Infrastructure Act of 2018, 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 102 of Pub. L. 115–270, set out as a note under section 2201 of this title.

§2347b Purpose and need