Title 33, Navigation and Navigable WatersRelease 119-73not60

§2282d–1 Report to Congress on Authorized Studies and Projects

Title 33 › Chapter 36— WATER RESOURCES DEVELOPMENT › Subchapter V— GENERAL PROVISIONS › § 2282d–1

Last updated Apr 5, 2026|Official source

Summary

By February 1 each year, the Secretary must prepare and send Congress a report called the Report to Congress on Authorized Water Resources Development Projects and Studies. The report must list: feasibility studies authorized in the last 20 years that do not yet have a Chief of Engineers report; authorized feasibility studies in the preconstruction, engineering, and design phase; projects authorized for construction in the last 20 years; and authorized projects the Secretary must operate or maintain. The report can include only studies or projects that Congress already authorized and that need no further congressional approval, that the Secretary could carry out if money is provided from the “Investigations”, “Construction”, “Operation and Maintenance”, or “Mississippi River and Tributaries” appropriations accounts for the Corps of Engineers, and for which a non-Federal interest has a cost-sharing, design, or partnership agreement (or says it can sign one within 1 year) and shows legal and financial ability to cooperate. The Secretary should, as much as possible, describe each item’s benefits to life and property, transportation, the economy, the environment, or national security. Each entry must name the non-Federal partner, state the purpose, give Federal, non-Federal, and total cost estimates (including the Corps’ fully funded needs for the next 3 fiscal years for studies and 5 fiscal years for projects), estimate monetary and nonmonetary benefits, and include a certification that it meets the rules. The Secretary must not drop eligible items just because of a policy choice; any omitted eligible item must be listed in an appendix with a reason. The report may be sent with the annual report under section 2282d and must be made public, including online. Definitions: non-Federal interest — the term as defined in section 1962d–5b of title 42. water resources development project — includes separable project elements, projects under environmental infrastructure assistance, and projects that include water supply.

Full Legal Text

Title 33, §2282d–1

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Not later than February 1 of each year, the Secretary shall develop and submit to Congress an annual report, to be entitled “Report to Congress on Authorized Water Resources Development Projects and Studies”, that identifies—
(1)ongoing or new feasibility studies, authorized within the previous 20 years, for which a Report of the Chief of Engineers has not been issued;
(2)authorized feasibility studies for projects in the preconstruction, engineering and design phase;
(3)ongoing or new water resources development projects authorized for construction within the previous 20 years; and
(4)authorized and constructed water resources development projects the Secretary has the responsibility to operate or maintain.
(b)(1)(A)The Secretary shall include in each report submitted under this section only a feasibility study or water resources development project—
(i)that has been authorized by Congress to be carried out by the Secretary and does not require any additional congressional authorization to be carried out;
(ii)that the Secretary has the capability to carry out if funds are appropriated for such study or project under any of the “Investigations”, “Construction”, “Operation and Maintenance”, or “Mississippi River and Tributaries” appropriations accounts for the Corps of Engineers; and
(iii)for which a non-Federal interest—
(I)in the case of a study or a project other than a project for which funds may be appropriated for operation and maintenance, has entered into a feasibility cost-sharing agreement, design agreement, or project partnership agreement with the Corps of Engineers, or has informed the Secretary that the non-Federal interest has the financial capability to enter into such an agreement within 1 year; and
(II)demonstrates the legal and financial capability to satisfy the requirements for local cooperation with respect to the study or project.
(B)(i)The Secretary shall, to the maximum extent practicable, describe in each report submitted under this section the benefits, as described in clause (ii), of each feasibility study and water resources development project included in the report.
(ii)The benefits referred to in clause (i) are benefits to—
(I)the protection of human life and property;
(II)improvement to transportation;
(III)the national, regional, or local economy;
(IV)the environment; or
(V)the national security interests of the United States.
(2)The Secretary shall include in each report submitted under this section, for each feasibility study and water resources development project included in the report—
(A)the name of the associated non-Federal interest, including the name of any non-Federal interest that has contributed, or is expected to contribute, a non-Federal share of the cost of the study or project;
(B)the purpose of the study or project;
(C)an estimate, to the extent practicable, of the Federal, non-Federal, and total costs of the study or project, including, to the extent practicable, the fully funded capability of the Corps of Engineers for—
(i)the 3 fiscal years following the fiscal year in which the report is submitted, in the case of a feasibility study; and
(ii)the 5 fiscal years following the fiscal year in which the report is submitted, in the case of a water resources development project; and
(D)an estimate, to the extent practicable, of the monetary and nonmonetary benefits of the study or project.
(3)The Secretary shall include in each report submitted under this section a certification stating that each feasibility study or water resources development project included in the report meets the criteria described in paragraph (1)(A).
(4)(A)The Secretary shall not omit from a report submitted under this section a study or project that otherwise meets the criteria for inclusion in the report solely on the basis of a policy of the Secretary.
(B)If the Secretary omits from a report submitted under this section a study or project that otherwise meets the criteria for inclusion in the report, the Secretary shall include with the report an appendix that lists the name of the study or project and reason for its omission.
(c)(1)The Secretary may submit a report under this section in conjunction with the submission of the annual report under section 2282d of this title.
(2)On submission of each report under this section, the Secretary shall make the report publicly available, including through publication on the internet.
(d)In this section:
(1)The term “non-Federal interest” has the meaning given that term in section 1962d–5b of title 42.
(2)The term “water resources development project” includes a separable element of a project, a project under an environmental infrastructure assistance program, and a project the authorized purposes of which include water supply.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 2020, 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 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.

Reference

Citations & Metadata

Citation

33 U.S.C. § 2282d–1

Title 33, Navigation and Navigable Waters

Last Updated

Apr 5, 2026

Release point: 119-73not60