42 U.S.C. § 1962a–2: Principles, standards…

Summary

The Council must create clear principles, standards, and steps for Federal officials to follow when making regional or river-basin plans and when designing or judging Federal water and related land projects. The Council must talk with other interested groups, including both Federal and non‑Federal parties, and get the President’s approval. The rules can let the Council change plans for Federal projects that appear in river basin commission plans. The Council must also make rules for how to do economic studies of water projects. It defines the main navigation benefit as: savings to shippers multiplied by the expected traffic. “Savings to shippers” means the difference between current freight charges by other methods and the charges on the proposed waterway. “Expected traffic” is estimated from those rates and local economic growth forecasts.

Title 42, §1962a–2

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Establishment, consultation, revision

The Council shall establish, after such consultation with other interested entities, both Federal and non-Federal, as the Council may find appropriate, and with the approval of the President, principles, standards, and procedures for Federal participants in the preparation of comprehensive regional or river basin plans and for the formulation and evaluation of Federal water and related land resources projects. Such procedures may include provision for Council revision of plans for Federal projects intended to be proposed in any plan or revision thereof being prepared by a river basin planning commission.

(b)Economic evaluation; primary criterion

The Council shall develop standards and criteria for economic evaluation of water resource projects. For the purpose of those standards and criteria, the primary direct navigation benefits of a water resource project are defined as the product of the savings to shippers using the waterway and the estimated traffic that would use the waterway. “Savings to shippers” means the difference between (1) the freight rates or charges prevailing at the time of the study for the movement by the alternative means, and (2) those which would be charged on the proposed waterway. Estimated traffic that would use the waterway will be based on those freight rates, taking into account projections of the economic growth of the area.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1983—Pub. L. 97–449 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Computation of Prices for Agricultural Commodities for Use in Evaluation of Water Resources Development Projects Pub. L. 100–460, title VI, § 632, Oct. 1, 1988, 102 Stat. 2262, provided that: “Hereafter, none of the funds appropriated in this or any other Act shall be used to alter the method of computing normalized prices for agricultural commodities for use by any Federal agency in evaluating water resources development projects to be undertaken in whole or in part with Federal funds that was in effect as of January 1, 1986.” Similar provisions were contained in Pub. L. 100–202, § 101(k) [title VI, § 634], Dec. 22, 1987, 101 Stat. 1329–322, 1329–357.

Executive Documents

Delegation of Functions Functions of President under this section delegated to Chairman of Water Resources Council, see Ex. Ord. No. 11747, eff. Nov. 7, 1973, 38 F.R. 30993, as amended, set out as a note under section 1962a–3 of this title.

§1962a–2 Principles, Standards, and Procedures for Federal Projects