§2289a — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Requires the Secretary of the Army to look at different ways to reduce flood and storm damage and to restore ecosystems when doing feasibility studies, if the non‑Federal sponsor of the study agrees. The Secretary must consider four options: natural features, nature‑based features, nonstructural measures, and structural measures. The Secretary must also send a report about how this is being done to the Senate Committee on Environment and Public Works and the House Committee on Transportation and Infrastructure by February 1, 2020, and again 5 years and 10 years later. Natural feature = made by natural processes over time. Nature‑based feature = built by people to work with nature to reduce risk. The report must describe guidance and actions by the Secretary and the Chief of Engineers, assess costs, benefits, impacts, trade‑offs and how well recommended coastal risk measures work, and list any legal, funding, or regulatory barriers to using all available options.

Title 33, §2289a

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)In this section, the following definitions apply:

(1)The term “natural feature” means a feature that is created through the action of physical, geological, biological, and chemical processes over time.

(2)The term “nature-based feature” means a feature that is created by human design, engineering, and construction to provide risk reduction by acting in concert with natural processes.

(b)In studying the feasibility of projects for flood risk management, hurricane and storm damage reduction, and ecosystem restoration the Secretary shall, with the consent of the non-Federal sponsor of the feasibility study, consider, as appropriate—

(1)natural features;

(2)nature-based features;

(3)nonstructural measures; and

(4)structural measures.

(c)(1)Not later than February 1, 2020, and 5 and 10 years thereafter, 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 report on the implementation of subsection (b).

(2)The report under paragraph (1) shall include, at a minimum, the following:

(A)A description of guidance or instructions issued, and other measures taken, by the Secretary and the Chief of Engineers to implement subsection (b).

(B)An assessment of the costs, benefits, impacts, and trade-offs associated with measures recommended by the Secretary for coastal risk reduction and the effectiveness of those measures.

(C)A description of any statutory, fiscal, or regulatory barriers to the appropriate consideration and use of a full array of measures for coastal risk reduction.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water Infrastructure Improvements for the Nation Act, also known as the WIIN Act, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2018—Subsec. (a)(2). Pub. L. 115–270 struck out “in coastal areas” after “risk reduction”.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114–322, set out as a note under section 2201 of this title.

§2289a Consideration of Measures