33 U.S.C. § 2282a — Planning
submitted 19 years ago by Pub. L. 110-114 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 879 words · no verdicts yet
The omitted subsection remains omitted. The rest requires Corps risk-based cost estimates, feasibility-study benchmarks, equitable flood-risk calculations, planning expertise centers, alternatives, timely reports, and completion reviews.
(a) Omitted.
(b) The Chief of Engineers shall use risk analysis for water-resources project cost estimates and, within one year after November 8, 2007, issue cost-estimation procedures and report to Congress any recommended changes to section 2280.
(c) Within 12 months after that date, the Chief shall set benchmarks for feasibility-study and National Environmental Policy Act review time and use them to improve every district. Goals should generally be 2 years, or generally 4 years when project type, size, cost, or complexity requires more time.
(d) A flood-damage-reduction feasibility study must calculate residual flooding risk, residual loss-of-life and human-safety risk, upstream and downstream impacts, and benefits and costs of structural and nonstructural alternatives on an equitable basis.
(e) The Secretary may establish expertise centers to supplement districts. They provide planning assistance; peer review of new scientific, engineering, or economic methods, models, and analyses; support independent review panels under section 2343; and other assigned duties. The Secretary shall consolidate deep-draft navigation expertise into one center and within 60 days send Congress its personnel grade levels and expertise.
(f) Studies and assessments must recommend alternatives, coordinated with the non-Federal interest, that promote integrated water-resources management and for which that interest will provide its share. Alternatives may not be limited by budget or policy. Chief reports must identify recommendations that are not the best technical solution and explain why. Report completion may not await policy or priority changes, and completed reports go to the Senate Environment and Public Works and House Transportation and Infrastructure Committees.
(g) Within 120 days after a Chief report recommends a project, the Secretary shall review it and send Congress recommendations. For reports completed before November 8, 2007, review and recommendations were due within 180 days after that date.
The Chief of Engineers—
shall adopt a risk analysis approach to project cost estimates for water resources projects; and
not later than one year after November 8, 2007, shall—
issue procedures for risk analysis for cost estimation for water resources projects; and
submit to Congress a report that includes any recommended amendments to section 2280 of this title.
Not later than 12 months after November 8, 2007, the Chief of Engineers shall establish benchmarks for determining the length of time it should take to conduct a feasibility study for a water resources project and its associated review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Chief of Engineers shall use such benchmarks as a management tool to make the feasibility study process more efficient in all districts of the Corps of Engineers.
The Chief of Engineers shall establish, to the extent practicable, under paragraph (1) benchmark goals for completion of feasibility studies for water resources projects generally within 2 years. In the case of feasibility studies that the Chief of Engineers determines may require additional time based on the project type, size, cost, or complexity, the benchmark goal for completion shall be generally within 4 years.
A feasibility study for a project for flood damage reduction shall include, as part of the calculation of benefits and costs—
a calculation of the residual risk of flooding following completion of the proposed project;
a calculation of the residual risk of loss of human life and residual risk to human safety following completion of the proposed project;
a calculation of any upstream or downstream impacts of the proposed project; and
calculations to ensure that the benefits and costs associated with structural and nonstructural alternatives are evaluated in an equitable manner.
The Secretary may establish centers of expertise to provide specialized planning expertise for water resources projects to be carried out by the Secretary in order to enhance and supplement the capabilities of the districts of the Corps of Engineers.
A center of expertise established under this subsection shall—
provide technical and managerial assistance to district commanders of the Corps of Engineers for project planning, development, and implementation;
provide agency peer reviews of new major scientific, engineering, or economic methods, models, or analyses that will be used to support decisions of the Secretary with respect to feasibility studies for water resources projects;
provide support for independent peer review panels under section 2343 of this title; and
carry out such other duties as are prescribed by the Secretary.
The Secretary shall consolidate deep draft navigation expertise within the Corps of Engineers into a deep draft navigation planning center of expertise.
Not later than 60 days after the date of the consolidation required under subparagraph (A), 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 list of the grade levels and expertise of each of the personnel assigned to the center described in subparagraph (A).
Feasibility and other studies and assessments for a water resources project shall include recommendations for alternatives—
that, as determined in coordination with the non-Federal interest for the project, promote integrated water resources management; and
for which the non-Federal interest is willing to provide the non-Federal share for the studies or assessments.
The alternatives contained in studies and assessments described in subparagraph (A) shall not be constrained by budgetary or other policy.
The reports of the Chief of Engineers shall identify any recommendation that is not the best technical solution to water resource needs and problems and the reason for the deviation.
The completion of a report of the Chief of Engineers for a water resources project—
shall not be delayed while consideration is being given to potential changes in policy or priority for project consideration; and
shall be submitted, on completion, to—
the Committee on Environment and Public Works of the Senate; and
the Committee on Transportation and Infrastructure of the House of Representatives.
Except as provided in paragraph (2), not later than 120 days after the date of completion of a report of the Chief of Engineers that recommends to Congress a water resources project, the Secretary shall—
review the report; and
provide any recommendations of the Secretary regarding the water resources project to Congress.
Not later than 180 days after November 8, 2007, with respect to any report of the Chief of Engineers recommending a water resources project that is complete prior to November 8, 2007, the Secretary shall complete review of, and provide recommendations to Congress for, the report in accordance with paragraph (1).
Source credit: (Pub. L. 110–114, title II, § 2033, Nov. 8, 2007, 121 Stat. 1084; Pub. L. 113–121, title II, § 2103, June 10, 2014, 128 Stat. 1278.)
- 2007Enacted · Pub. L. 110-114 · 121 Stat. 1084
- 2014Amended · Pub. L. 113-121 · 128 Stat. 1278
A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-114 on 2007-11-08.
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