33 U.S.C. § 2341a: Prioritization

Summary

The Secretary must give funding priority to authorized projects and ongoing studies whose main goal is reducing hurricane and storm damage. Priority goes to seven kinds of work: projects that deal with an immediate threat to life or property; stop storm surge from flooding populated areas; restore or keep coastal wetlands that reduce surge; protect evacuation routes or shelters; protect public infrastructure or assets; lower federal disaster relief costs; and help places where the President declared a major disaster under 42 U.S.C. 5170. Within 180 days after December 16, 2016, the Secretary must send the Senate Committee on Environment and Public Works and the House Committee on Transportation and Infrastructure a list of all ongoing feasibility studies with signed cost‑share agreements that got Federal funds since 2009 and all authorized projects, mark which meet the seven priorities, and give a plan to finish those projects as funding allows. For projects mainly about ecosystem restoration, the Secretary must also give priority to projects that address threats to public health, safety, or welfare; restore ecosystems of national importance; or restore habitats for federally protected species (including migratory birds), especially when they tie into other Federal, State, or local restoration efforts. Within the same 180‑day deadline, the Secretary must report to the same two committees a list of program authorities for aquatic ecosystem restoration or environmental improvement that were authorized or changed in the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1041) or later laws, identify those that meet the restoration priorities, and provide a plan to carry them out as funding allows.

Title 33, §2341a

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Prioritization of hurricane and storm damage risk reduction efforts

(1)Priority

For authorized projects and ongoing feasibility studies with a primary purpose of hurricane and storm damage risk reduction, the Secretary shall give funding priority to projects and ongoing studies that—

(A)address an imminent threat to life and property;

(B)prevent storm surge from inundating populated areas;

(C)restore or prevent the loss of coastal wetlands that help reduce the impact of storm surge;

(D)protect emergency hurricane evacuation routes or shelters;

(E)prevent adverse impacts to publicly owned or funded infrastructure and assets;

(F)minimize disaster relief costs to the Federal Government; and

(G)address hurricane and storm damage risk reduction in an area for which the President declared a major disaster in accordance with section 5170 of title 42.

(2)Expedited consideration of currently authorized projects

Not later than 180 days after December 16, 2016, the Secretary shall—

(A)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 all—

(i)ongoing hurricane and storm damage reduction feasibility studies that have signed feasibility cost-share agreements and have received Federal funds since 2009; and

(ii)authorized hurricane and storm damage reduction projects;

(B)identify those projects on the list required under subparagraph (A) that meet the criteria described in paragraph (1); and

(C)provide a plan for expeditiously completing the projects identified under subparagraph (B), subject to available funding.

(b)Prioritization of ecosystem restoration efforts

(1)In general

For authorized projects with a primary purpose of ecosystem restoration, the Secretary shall give funding priority to projects—

(A)that—

(i)address an identified threat to public health, safety, or welfare;

(ii)preserve or restore ecosystems of national significance; or

(iii)preserve or restore habitats of importance for federally protected species, including migratory birds; and

(B)for which the restoration activities will contribute to other ongoing or planned Federal, State, or local restoration initiatives.

(2)Expedited consideration of currently authorized programmatic authorities

Not later than 180 days after December 16, 2016, 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 that contains—

(A)a list of all programmatic authorities for aquatic ecosystem restoration or improvement of the environment that—

(i)were authorized or modified in the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1041) or any subsequent Act; and

(ii)that meet the criteria described in paragraph (1); and

(B)a plan for expeditiously completing the projects under the authorities described in subparagraph (A), subject to available funding.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Water Resources Development Act of 2007, referred to in subsec. (b)(2)(A)(i), is Pub. L. 110–114, Nov. 8, 2007, 121 Stat. 1041. For complete classificaton of this Act to the Code, see Tables. Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2016—Subsec. (a)(1)(C). Pub. L. 114–322, § 1322(a)(1)(A), inserted “restore or” before “prevent the loss”. Subsec. (a)(2). Pub. L. 114–322, § 1322(a)(1)(B)(i), substituted “

December 16, 2016” for “

June 10, 2014” in introductory provisions. Subsec. (a)(2)(A)(ii). Pub. L. 114–322, § 1322(a)(1)(B)(ii), struck out before semicolon at end “that— “(I) have been authorized for more than 20 years but are less than 75 percent complete; or “(II) are undergoing a post-authorization change report, general reevaluation report, or limited reevaluation report”. Subsec. (b). Pub. L. 114–322, § 1322(a)(2), designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), redesignated former subpars. (A) to (C) of former par. (1) as cls. (i) to (iii), respectively, of subpar. (A) of par. (1), and added par. (2).

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.

§2341a Prioritization