§1962a–2 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Council must create and approve, after talking with other federal and nonfederal groups and with the President’s OK, rules and steps for how federal agencies take part in making regional or river basin plans and in planning and judging federal water and related land projects. The Council can also require changes to plans for federal projects that a river basin planning commission is preparing. The Council must also make rules for how to measure a project’s economic worth. For those rules, primary direct navigation benefits mean: savings to shippers multiplied by the estimated traffic that will use the waterway. "Savings to shippers" is the difference between (1) the freight rates for the alternative transport at the time of the study and (2) the rates that would be charged on the proposed waterway. Estimated traffic is based on those rates and expected local economic growth.

Title 42, §1962a–2

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Council shall establish, after such consultation with other interested entities, both Federal and non-Federal, as the Council may find appropriate, and with the approval of the President, principles, standards, and procedures for Federal participants in the preparation of comprehensive regional or river basin plans and for the formulation and evaluation of Federal water and related land resources projects. Such procedures may include provision for Council revision of plans for Federal projects intended to be proposed in any plan or revision thereof being prepared by a river basin planning commission.

(b)The Council shall develop standards and criteria for economic evaluation of water resource projects. For the purpose of those standards and criteria, the primary direct navigation benefits of a water resource project are defined as the product of the savings to shippers using the waterway and the estimated traffic that would use the waterway. “Savings to shippers” means the difference between (1) the freight rates or charges prevailing at the time of the study for the movement by the alternative means, and (2) those which would be charged on the proposed waterway. Estimated traffic that would use the waterway will be based on those freight rates, taking into account projections of the economic growth of the area.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1983—Pub. L. 97–449 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Computation of Prices for Agricultural Commodities for Use in Evaluation of Water Resources Development Projects Pub. L. 100–460, title VI, § 632, Oct. 1, 1988, 102 Stat. 2262, provided that: “Hereafter, none of the funds appropriated in this or any other Act shall be used to alter the method of computing normalized prices for agricultural commodities for use by any Federal agency in evaluating water resources development projects to be undertaken in whole or in part with Federal funds that was in effect as of January 1, 1986.” Similar provisions were contained in Pub. L. 100–202, § 101(k) [title VI, § 634], Dec. 22, 1987, 101 Stat. 1329–322, 1329–357.

Executive Documents

Delegation of Functions Functions of President under this section delegated to Chairman of Water Resources Council, see Ex. Ord. No. 11747, eff. Nov. 7, 1973, 38 F.R. 30993, as amended, set out as a note under section 1962a–3 of this title.

§1962a–2 Principles, standards, and procedures for Federal projects