42 U.S.C. § 1962d–17: Regional or river basin…

Summary

Federal officials must use the interest-rate formula found in the President’s May 15, 1962 policies (published May 29, 1962 as Senate Document 97) and as changed by the Water Resources Council rule published December 24, 1968, to discount future benefits and compute costs for regional or river-basin plans and federal water and related land projects. That rule stays in effect unless a law passed after March 7, 1974 changes it. For projects authorized before January 3, 1969, where non-Federal partners promised to pay their share before December 31, 1969, the discount rate that was in effect just before December 24, 1968 must continue to be used until construction is finished, unless a later law says otherwise. The President must carry out a full study of how to plan and evaluate water and related land projects. The study must consider goals like regional economic development, environmental quality, the people’s well‑being, national economic development, what interest rate to use, and how costs should be shared between Federal and non‑Federal parties. The President must report the findings and recommendations to Congress no later than one year after funds are first provided to do the study.

Title 42, §1962d–17

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

(a)Interest rate formula for discounting future benefits and cost computations; repeal of conflicting provisions and administrative actions

The interest rate formula to be used in plan formulation and evaluation for discounting future benefits and computing costs by Federal officers, employees, departments, agencies, and instrumentalities in the preparation of comprehensive regional or river basin plans and the formulation and evaluation of Federal water and related land resources projects shall be the formula set forth in the “Policies, Standards, and Procedures in the Formulation, Evaluation, and Review of Plans for Use and Development of Water and Related Land Resources” approved by the President on May 15, 1962, and published as Senate Document 97 of the Eighty-seventh Congress on May 29, 1962, as amended by the regulation issued by the Water Resources Council and published in the Federal Register on December 24, 1968 (33 F.R. 19170; 18 C.F.R. 704.39), until otherwise provided by a statute enacted after March 7, 1974. Every provision of law and every administrative action in conflict with this section is hereby repealed to the extent of such conflict.

(b)Interest rate for prior authorized projects assured of non-Federal share of project costs; continuation of rate

In the case of any project authorized before January 3, 1969, if the appropriate non-Federal interests have, prior to December 31, 1969, given satisfactory assurances to pay the required non-Federal share of project costs, the discount rate to be used in the computation of benefits and costs for such project shall be the rate in effect immediately prior to December 24, 1968, and that rate shall continue to be used for such project until construction has been completed, unless otherwise provided by a statute enacted after March 7, 1974.

(c)Water and related resources projects; Presidential study; scope of study; report to Congress

The President shall make a full and complete investigation and study of principles and standards for planning and evaluating water and related resources projects. Such investigation and study shall include, but not be limited to, consideration of enhancing regional economic development, the quality of the total environment including its protection and improvement, the well-being of the people of the United States, and the national economic development, as objectives to be included in federally-financed water and related resources projects and in the evaluation of costs and benefits attributable to such projects, as intended in section 1962–2 of this title, the interest rate formula to be used in evaluating and discounting future benefits for such projects, and appropriate Federal and non-Federal cost sharing for such projects. He shall report the results of such investigation and study, together with his recommendations, to Congress not later than one year after funds are first appropriated to carry out this subsection.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 1974, and not as part of the Water Resources Planning Act which comprises this chapter.

Statutory Notes and Related Subsidiaries

Rates Used To Assess Return on Federal Government’s Investment in Projects of Army Corps of Engineers and Bureau of Reclamation Pub. L. 95–28, title II, § 204, May 13, 1977, 91 Stat. 121, provided that: “It is hereby reiterated that the interest rates or rates of discount to be used to assess the return on the Federal Government’s investment in projects of the United States Army Corps of Engineers or the Department of the Interior Bureau of Reclamation, shall be those interest rates or rates of discount established by Public Law 93–251, the Water Resources Development Act of 1974 [see

Short Title

of 1974 Amendment note set out under section 1962 of this title] or by any prior law authorizing projects of the United States Army Corps of Engineers or the Department of the Interior Bureau of Reclamation.”

§1962d–17 Regional or River Basin Plans and Federal Water and Related Land Resources Projects; Preparation, Formulation, and Evaluation