33 U.S.C. § 2282a: Planning

Summary

The Chief of Engineers must use a risk-analysis method when making cost estimates for water resources projects. Within one year after November 8, 2007, the Chief must publish procedures for that risk analysis and send Congress a report that can include suggested changes to section 2280 of this title. Within 12 months after November 8, 2007, the Chief must set time benchmarks for finishing feasibility studies and the related NEPA review. The goal is generally to finish studies in about 2 years, but for projects that are bigger or more complex the goal is generally about 4 years. Feasibility studies for flood-damage projects must show the remaining flood risk and risks to life and safety after the project, any upstream or downstream effects, and fair comparisons of structural and nonstructural options. The Secretary may set up centers of specialized planning help to support districts. Those centers must give technical and management help, review new scientific or economic methods, support independent peer review panels, and do other Secretary-assigned work. The Secretary must put deep-draft navigation experts into one center and, within 60 days of doing that, send the Committees on Environment and Public Works (Senate) and Transportation and Infrastructure (House) a list of the center’s staff grades and expertise. Studies must offer alternatives that promote integrated water management and that local partners agree to help pay for, not be limited by budget or policy, and must say if a recommended option is not the best technical solution and why. When a Chief’s report recommends a project, the Secretary must review it and send recommendations to Congress within 120 days of the report’s completion. For reports finished before November 8, 2007, the Secretary must finish reviews and send recommendations within 180 days after November 8, 2007.

Title 33, §2282a

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Omitted

(b)Planning process improvements

The Chief of Engineers—

(1)shall adopt a risk analysis approach to project cost estimates for water resources projects; and

(2)not later than one year after November 8, 2007, shall—

(A)issue procedures for risk analysis for cost estimation for water resources projects; and

(B)submit to Congress a report that includes any recommended amendments to section 2280 of this title.

(c)Benchmarks

(1)In general

Not later than 12 months after November 8, 2007, the Chief of Engineers shall establish benchmarks for determining the length of time it should take to conduct a feasibility study for a water resources project and its associated review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Chief of Engineers shall use such benchmarks as a management tool to make the feasibility study process more efficient in all districts of the Corps of Engineers.

(2)Benchmark goals

The Chief of Engineers shall establish, to the extent practicable, under paragraph (1) benchmark goals for completion of feasibility studies for water resources projects generally within 2 years. In the case of feasibility studies that the Chief of Engineers determines may require additional time based on the project type, size, cost, or complexity, the benchmark goal for completion shall be generally within 4 years.

(d)Calculation of benefits and costs for flood damage reduction projects

A feasibility study for a project for flood damage reduction shall include, as part of the calculation of benefits and costs—

(1)a calculation of the residual risk of flooding following completion of the proposed project;

(2)a calculation of the residual risk of loss of human life and residual risk to human safety following completion of the proposed project;

(3)a calculation of any upstream or downstream impacts of the proposed project; and

(4)calculations to ensure that the benefits and costs associated with structural and nonstructural alternatives are evaluated in an equitable manner.

(e)Centers of specialized planning expertise

(1)Establishment

The Secretary may establish centers of expertise to provide specialized planning expertise for water resources projects to be carried out by the Secretary in order to enhance and supplement the capabilities of the districts of the Corps of Engineers.

(2)Duties

A center of expertise established under this subsection shall—

(A)provide technical and managerial assistance to district commanders of the Corps of Engineers for project planning, development, and implementation;

(B)provide agency peer reviews of new major scientific, engineering, or economic methods, models, or analyses that will be used to support decisions of the Secretary with respect to feasibility studies for water resources projects;

(C)provide support for independent peer review panels under section 2343 of this title; and

(D)carry out such other duties as are prescribed by the Secretary.

(3)Deep draft navigation planning center of expertise

(A)In general

The Secretary shall consolidate deep draft navigation expertise within the Corps of Engineers into a deep draft navigation planning center of expertise.

(B)List

Not later than 60 days after the date of the consolidation required under subparagraph (A), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a list of the grade levels and expertise of each of the personnel assigned to the center described in subparagraph (A).

(f)Completion of Corps of Engineers reports

(1)Alternatives

(A)In general

Feasibility and other studies and assessments for a water resources project shall include recommendations for alternatives—

(i)that, as determined in coordination with the non-Federal interest for the project, promote integrated water resources management; and

(ii)for which the non-Federal interest is willing to provide the non-Federal share for the studies or assessments.

(B)Constraints

The alternatives contained in studies and assessments described in subparagraph (A) shall not be constrained by budgetary or other policy.

(C)Reports of Chief of Engineers

The reports of the Chief of Engineers shall identify any recommendation that is not the best technical solution to water resource needs and problems and the reason for the deviation.

(2)Report completion

The completion of a report of the Chief of Engineers for a water resources project—

(A)shall not be delayed while consideration is being given to potential changes in policy or priority for project consideration; and

(B)shall be submitted, on completion, to—

(i)the Committee on Environment and Public Works of the Senate; and

(ii)the Committee on Transportation and Infrastructure of the House of Representatives.

(g)Completion review

(1)In general

Except as provided in paragraph (2), not later than 120 days after the date of completion of a report of the Chief of Engineers that recommends to Congress a water resources project, the Secretary shall—

(A)review the report; and

(B)provide any recommendations of the Secretary regarding the water resources project to Congress.

(2)Prior reports

Not later than 180 days after November 8, 2007, with respect to any report of the Chief of Engineers recommending a water resources project that is complete prior to November 8, 2007, the Secretary shall complete review of, and provide recommendations to Congress for, the report in accordance with paragraph (1).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (c)(1), 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 is comprised of section 2033 of Pub. L. 110–114. Subsec. (a) of section 2033 of Pub. L. 110–114 amended section 2281 of this title. Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2014—Subsec. (e)(3). Pub. L. 113–121 added par. (3).

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.

§2282a Planning