33 U.S.C. § 2356: Project consultation

Summary

The Secretary must send two reports within 180 days after December 27, 2020: the report called for by section 1214 of the Water Resources Development Act of 2018 and the report called for by section 1120(a)(3) of the Water Resources Development Act of 2016. The Secretary must also follow any environmental-justice Executive Order that was in effect on December 27, 2020. Within one year after that date, the Secretary must review and, if needed, update Army Corps policies, rules, and guidance so those orders are carried out. When updating rules, the Secretary must notify and let non‑Federal stakeholders comment (including minority and low-income communities and Indian Tribes), consider the reports above, and work to ensure real participation. When building water projects, the Secretary must, as much as possible, help minority and low-income communities and Indian Tribes take part, give them guidance and technical help, and work with state, Tribal, and local governments. For projects near Tribal lands, the Secretary must follow the Tribal Consultation Policy affirmed on November 1, 2012 (or its successor): involve Tribes about ancestral, cultural, or religious sites; consult about lands, waters, and resources vital to Tribal life; and cooperate to avoid harm or find alternatives.

Title 33, §2356

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(a)Reports required

Not later than 180 days after December 27, 2020, the Secretary shall submit the following reports:

(1)The report required under section 1214 of the Water Resources Development Act of 2018 (132 Stat. 3809).

(2)The report required under section 1120(a)(3) of the Water Resources Development Act of 2016 (130 Stat. 1643).

(b)Environmental justice updates

(1)In general

In the formulation of water development resources projects, the Secretary shall comply with any existing Executive order regarding environmental justice in effect as of December 27, 2020, to address any disproportionate and adverse human health or environmental effects on minority communities, low-income communities, and Indian Tribes.

(2)Update

Not later than 1 year after December 27, 2020, the Secretary shall review, and shall update, where appropriate, any policies, regulations, and guidance of the Corps of Engineers necessary to implement any Executive order described in paragraph (1) with respect to water resources development projects.

(3)Requirements

In updating the policies, regulations, or guidance under paragraph (2), the Secretary shall—

(A)provide notice to interested non-Federal stakeholders, including representatives of minority communities, low-income communities, and Indian Tribes;

(B)provide opportunities for interested stakeholders to comment on potential updates of policies, regulations, or guidance;

(C)consider the recommendations from the reports submitted under subsection (a); and

(D)promote the meaningful involvement of minority communities, low-income communities, and Indian Tribes.

(c)Community engagement

In carrying out a water resources development project, the Secretary shall, to the extent practicable—

(1)promote the meaningful involvement of minority communities, low-income communities, and Indian Tribes;

(2)provide guidance and technical assistance to such communities or Tribes to increase understanding of the project development and implementation activities, regulations, and policies of the Corps of Engineers; and

(3)cooperate with State, Tribal, and local governments with respect to activities carried out pursuant to this subsection.

(d)Tribal lands and consultation

In carrying out water resources development projects, the Secretary shall, to the extent practicable and in accordance with the Tribal Consultation Policy affirmed and formalized by the Secretary on November 1, 2012 (or a successor policy)—

(1)promote meaningful involvement with Indian Tribes specifically on any Tribal lands near or adjacent to any water resources development projects, for purposes of identifying lands of ancestral, cultural, or religious importance;

(2)consult with Indian Tribes specifically on any Tribal areas near or adjacent to any water resources development projects, for purposes of identifying lands, waters, and other resources critical to the livelihood of the Indian Tribes; and

(3)cooperate with Indian Tribes to avoid, or otherwise find alternate solutions with respect to, such areas.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1214 of the Water Resources Development Act of 2018, referred to in subsec. (a)(1), is section 1214 of Pub. L. 115–270, title I, Oct. 23, 2018, 132 Stat. 3768, which is not classified to the Code. section 1120(a)(3) of the Water Resources Development Act of 2016, referred to in subsec. (a)(2), is section 1120(a)(3) of Pub. L. 114–322, title I, Dec. 16, 2016, 130 Stat. 1632, which is not classified to the Code. Codification Section was enacted as a part of the Water Resources Development Act of 2020, and not as a 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.

§2356 Project Consultation