Title 33, Navigation and Navigable WatersRelease 119-110

§2341c Criteria for Funding Environmental Infrastructure Projects

Title 33 › CHAPTER 36 — WATER RESOURCES DEVELOPMENT › SUBCHAPTER V — GENERAL PROVISIONS › § 2341c

Last updated Sep 22, 2026|Official source

Summary

The Secretary must create clear rules, no later than 180 days after December 27, 2020, for how to score and rank environmental assistance projects that Congress authorizes. The rules must at least look at local economic effects (such as benefits to the local economy, help for local development, number of direct jobs, and whether the local partner can pay its share), the community type (rural or economically disadvantaged, including disadvantaged minority communities), how much money the project already got, the funding ability of the Corps of Engineers, whether another federal program could do the project at the same cost to the local partner, and any other factors the Secretary thinks are important. The Secretary must add these rules to the annual Civil Works Direct Program Development Policy Guidance. For fiscal year 2022, and every two years after that, when the President sends the budget to Congress, the Secretary must send a report to the Senate Committees on Environment and Public Works and on Appropriations and to the House Committees on Transportation and Infrastructure and on Appropriations. The report must show how the Secretary ranked each authorized environmental assistance project using the rules above.

Full Legal Text

Title 33, §2341c

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)In general
Not later than 180 days after December 27, 2020, the Secretary shall develop specific criteria for the evaluation and ranking of individual environmental assistance projects authorized by Congress (including projects authorized pursuant to environmental assistance programs) for the Secretary to carry out.
(b)Minimum criteria
For the purposes of carrying out this section, the Secretary shall evaluate, at a minimum—
(1)the nature and extent of the positive and negative local economic impacts of the project, including—
(A)the benefits of the project to the local economy;
(B)the extent to which the project will enhance local development;
(C)the number of jobs that will be directly created by the project; and
(D)the ability of the non-Federal interest to pay the applicable non-Federal share of the cost of the project;
(2)the demographics of the location in which the project is to be carried out, including whether the project serves—
(A)a rural community; or
(B)an economically disadvantaged community, including an economically disadvantaged minority community;
(3)the amount of appropriations a project has received;
(4)the funding capability of the Corps of Engineers with respect to the project;
(5)whether the project could be carried out under other Federal authorities at an equivalent cost to the non-Federal interest; and
(6)any other criteria that the Secretary considers to be appropriate.
(c)Inclusion in guidance
The Secretary shall include the criteria developed under subsection (a) in the annual Civil Works Direct Program Development Policy Guidance of the Secretary.
(d)Report to Congress
For fiscal year 2022, and biennially thereafter, in conjunction with the President’s annual budget submission to Congress under section 1105(a) of title 31, the Secretary shall submit to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives a report that identifies the Secretary’s ranking of individual environmental assistance projects authorized by Congress for the Secretary to carry out, in accordance with the criteria developed under this section.

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. Definitions For definition of “economically disadvantaged community” as used in this section, see section 160 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. § 2341c

Title 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110