§1962d–17 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Federal agencies must use the interest-rate formula from the President’s water-planning guidance approved May 15, 1962 (Senate Document 97, published May 29, 1962) as amended by the Water Resources Council on Dec 24, 1968 (33 F.R. 19170; 18 C.F.R. 704.39) when discounting future benefits and calculating costs for regional or river basin plans and federal water and related land projects, unless a law passed after March 7, 1974 says otherwise. Any law or agency action that conflicts with this is repealed to that extent. For projects authorized before Jan 3, 1969, if non‑federal partners gave satisfactory assurances by Dec 31, 1969 to pay their share, the discount rate in effect immediately before Dec 24, 1968 must be used for that project until construction is finished, unless changed by a later law after March 7, 1974. The President must study and report on planning and evaluation rules for water and related projects. The study must consider goals like regional economic development, the overall quality of the environment (including protecting and improving it), the people’s well‑being, national economic development, the proper interest-rate formula for discounting benefits, and fair federal and non‑federal cost sharing. The President must send the study and recommendations to Congress within one year after funds are first appropriated for the study.

Title 42, §1962d–17

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

(a)The interest rate formula to be used in plan formulation and evaluation for discounting future benefits and computing costs by Federal officers, employees, departments, agencies, and instrumentalities in the preparation of comprehensive regional or river basin plans and the formulation and evaluation of Federal water and related land resources projects shall be the formula set forth in the “Policies, Standards, and Procedures in the Formulation, Evaluation, and Review of Plans for Use and Development of Water and Related Land Resources” approved by the President on May 15, 1962, and published as Senate Document 97 of the Eighty-seventh Congress on May 29, 1962, as amended by the regulation issued by the Water Resources Council and published in the Federal Register on December 24, 1968 (33 F.R. 19170; 18 C.F.R. 704.39), until otherwise provided by a statute enacted after March 7, 1974. Every provision of law and every administrative action in conflict with this section is hereby repealed to the extent of such conflict.

(b)In the case of any project authorized before January 3, 1969, if the appropriate non-Federal interests have, prior to December 31, 1969, given satisfactory assurances to pay the required non-Federal share of project costs, the discount rate to be used in the computation of benefits and costs for such project shall be the rate in effect immediately prior to December 24, 1968, and that rate shall continue to be used for such project until construction has been completed, unless otherwise provided by a statute enacted after March 7, 1974.

(c)The President shall make a full and complete investigation and study of principles and standards for planning and evaluating water and related resources projects. Such investigation and study shall include, but not be limited to, consideration of enhancing regional economic development, the quality of the total environment including its protection and improvement, the well-being of the people of the United States, and the national economic development, as objectives to be included in federally-financed water and related resources projects and in the evaluation of costs and benefits attributable to such projects, as intended in section 1962–2 of this title, the interest rate formula to be used in evaluating and discounting future benefits for such projects, and appropriate Federal and non-Federal cost sharing for such projects. He shall report the results of such investigation and study, together with his recommendations, to Congress not later than one year after funds are first appropriated to carry out this subsection.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 1974, and not as part of the Water Resources Planning Act which comprises this chapter.

Statutory Notes and Related Subsidiaries

Rates Used To Assess Return on Federal Government’s Investment in Projects of Army Corps of Engineers and Bureau of Reclamation Pub. L. 95–28, title II, § 204, May 13, 1977, 91 Stat. 121, provided that: “It is hereby reiterated that the interest rates or rates of discount to be used to assess the return on the Federal Government’s investment in projects of the United States Army Corps of Engineers or the Department of the Interior Bureau of Reclamation, shall be those interest rates or rates of discount established by Public Law 93–251, the Water Resources Development Act of 1974 [see

Short Title

of 1974 Amendment note set out under section 1962 of this title] or by any prior law authorizing projects of the United States Army Corps of Engineers or the Department of the Interior Bureau of Reclamation.”

§1962d–17 Regional or river basin plans and Federal water and related land resources projects; preparation, formulation, and evaluation