§2356 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Secretary must send two specific reports within 180 days after December 27, 2020: one required by section 1214 of the Water Resources Development Act of 2018 and one required by section 1120(a)(3) of the Water Resources Development Act of 2016. The Secretary also must follow any Executive order in effect on December 27, 2020 about environmental justice when planning water projects so that minority communities, low-income communities, and Indian Tribes are not unfairly harmed. Within 1 year after December 27, 2020, the Secretary must review and, if needed, update the Army Corps of Engineers’ policies, rules, and guidance to carry out that Executive order. Updates must include notice to interested non-Federal groups (including the named communities and Tribes), opportunities to comment, consideration of the two reports, and steps to promote meaningful involvement. In building and running water projects, the Secretary must, as much as possible, involve and help those communities and Tribes, provide technical guidance so they understand project steps and rules, work with state, Tribal, and local governments, and follow the Tribal Consultation Policy affirmed on November 1, 2012 (or any successor) to identify and protect important tribal lands, waters, and resources or find alternatives.

Title 33, §2356

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)Not later than 180 days after December 27, 2020, the Secretary shall submit the following reports:

(1)The report required under section 1214 of the Water Resources Development Act of 2018 (132 Stat. 3809).

(2)The report required under section 1120(a)(3) of the Water Resources Development Act of 2016 (130 Stat. 1643).

(b)(1)In the formulation of water development resources projects, the Secretary shall comply with any existing Executive order regarding environmental justice in effect as of December 27, 2020, to address any disproportionate and adverse human health or environmental effects on minority communities, low-income communities, and Indian Tribes.

(2)Not later than 1 year after December 27, 2020, the Secretary shall review, and shall update, where appropriate, any policies, regulations, and guidance of the Corps of Engineers necessary to implement any Executive order described in paragraph (1) with respect to water resources development projects.

(3)In updating the policies, regulations, or guidance under paragraph (2), the Secretary shall—

(A)provide notice to interested non-Federal stakeholders, including representatives of minority communities, low-income communities, and Indian Tribes;

(B)provide opportunities for interested stakeholders to comment on potential updates of policies, regulations, or guidance;

(C)consider the recommendations from the reports submitted under subsection (a); and

(D)promote the meaningful involvement of minority communities, low-income communities, and Indian Tribes.

(c)In carrying out a water resources development project, the Secretary shall, to the extent practicable—

(1)promote the meaningful involvement of minority communities, low-income communities, and Indian Tribes;

(2)provide guidance and technical assistance to such communities or Tribes to increase understanding of the project development and implementation activities, regulations, and policies of the Corps of Engineers; and

(3)cooperate with State, Tribal, and local governments with respect to activities carried out pursuant to this subsection.

(d)In carrying out water resources development projects, the Secretary shall, to the extent practicable and in accordance with the Tribal Consultation Policy affirmed and formalized by the Secretary on November 1, 2012 (or a successor policy)—

(1)promote meaningful involvement with Indian Tribes specifically on any Tribal lands near or adjacent to any water resources development projects, for purposes of identifying lands of ancestral, cultural, or religious importance;

(2)consult with Indian Tribes specifically on any Tribal areas near or adjacent to any water resources development projects, for purposes of identifying lands, waters, and other resources critical to the livelihood of the Indian Tribes; and

(3)cooperate with Indian Tribes to avoid, or otherwise find alternate solutions with respect to, such areas.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1214 of the Water Resources Development Act of 2018, referred to in subsec. (a)(1), is section 1214 of Pub. L. 115–270, title I, Oct. 23, 2018, 132 Stat. 3768, which is not classified to the Code. section 1120(a)(3) of the Water Resources Development Act of 2016, referred to in subsec. (a)(2), is section 1120(a)(3) of Pub. L. 114–322, title I, Dec. 16, 2016, 130 Stat. 1632, which is not classified to the Code. Codification Section was enacted as a part of the Water Resources Development Act of 2020, and not as a 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.

§2356 Project consultation