33 U.S.C. § 2341c — Criteria for funding environmental infrastructure projects

(a) In general by 180 days after December 27, 2020, the Secretary must develop specific criteria for the evaluation and ranking of individual environmental assistance projects authorized by Congress (including projects authorized under environmental assistance programs) for the Secretary to carry out. (b) Minimum criteria For the purposes of carrying out this section, the Secretary must 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 about 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 must 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 after that, in conjunction with the President’s annual budget submission to Congress under section 1105(a) of title 31, the Secretary must 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.