§ 2282. — Feasibility reports.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2282]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 2282. Feasibility reports
(a) Report authority; contents; views of other agencies
In the case of any water resources project-related study authorized
to be undertaken by the Secretary, the Secretary shall prepare a
feasibility report, subject to section 2215 of this title. Such
feasibility report shall describe, with reasonable certainty, the
economic, environmental, and social benefits and detriments of the
recommended plan and alternative plans considered by the Secretary and
the engineering features (including hydrologic and geologic
information), the public acceptability, and the purposes, scope, and
scale of the recommended plan. The feasibility report shall also include
the views of other Federal agencies and non-Federal agencies with regard
to the recommended plan, a description of a nonstructural alternative to
the recommended plan when such plan does not have significant
nonstructural features, and a description of the Federal and non-Federal
participation in such plan, and shall demonstrate that States, other
non-Federal interests, and Federal agencies have been consulted in the
development of the recommended plan. This subsection shall not apply to
(1) any study with respect to which a report has been submitted to
Congress before November 17, 1986, (2) any study for a project, which
project is authorized for construction by this Act and is not subject to
section 903(b), (3) any study for a project which is authorized under
any of the following sections: section 205 of the Flood Control Act of
1948 (33 U.S.C. 701s), section 2 of the Flood Control Act of August 28,
1946 (33 U.S.C. 701r),\1\ section 107 of the River and Harbor Act of
1960 (33 U.S.C. 577), section 3 of the Act entitled ``An Act authorizing
Federal participation in the cost of protecting the shores of publicly
owned property'', approved August 13, 1946 (33 U.S.C. 426g), and section
111 of the River and Harbor Act of 1968 (33 U.S.C. 426i), and (4)
general studies not intended to lead to recommendation of a specific
water resources project.
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\1\ See References in Text note below.
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(b) Reconnaissance studies
Before initiating any feasibility study under subsection (a) of this
section after November 17, 1986, the Secretary shall first perform, at
Federal expense, a reconnaissance study of the water resources problem
in order to identify potential solutions to such problem in sufficient
detail to enable the Secretary to determine whether or not planning to
develop a project should proceed to the preparation of a feasibility
report. Such reconnaissance study shall include a preliminary analysis
of the Federal interest, costs, benefits, and environmental impacts of
such project, and an estimate of the costs of preparing the feasibility
report. The duration of a reconnaissance study shall normally be no more
than twelve months, but in all cases is to be limited to eighteen
months.
(c) Benefits to Indian tribes
For purposes of studies undertaken pursuant to this section, the
Secretary is authorized to consider benefits which may accrue to Indian
tribes as a result of a project resulting from such a study.
(d) Use of standard and uniform procedures and practices
The Secretary shall undertake such measures as are necessary to
ensure that standard and uniform procedures and practices are followed
by each district office (and each division office for any area in which
there is no district office) of the United States Army Corps of
Engineers in the preparation of feasibility reports on water resources
projects.
(e) Enhanced public participation
(1) In general
The Secretary shall establish procedures to enhance public
participation in the development of each feasibility study under
subsection (a) of this section, including, if appropriate,
establishment of a stakeholder advisory group to assist the
Secretary with the development of the study.
(2) Membership
If the Secretary provides for the establishment of a stakeholder
advisory group under this subsection, the membership of the advisory
group shall include balanced representation of social, economic, and
environmental interest groups, and such members shall serve on a
voluntary, uncompensated basis.
(3) Limitation
Procedures established under this subsection shall not delay
development of any feasibility study under subsection (a) of this
section.
(Pub. L. 99-662, title IX, Sec. 905, Nov. 17, 1986, 100 Stat. 4185; Pub.
L. 106-541, title II, Sec. 222(a), Dec. 11, 2000, 114 Stat. 2597.)
References in Text
This Act, referred to in subsec. (a), is Pub. L. 99-662, Nov. 17,
1986, 100 Stat. 4082, as amended, known as the Water Resources
Development Act of 1986. For complete classification of this Act to the
Code, see Short Title note set out under section 2201 of this title and
Tables.
Section 903(b), referred to in subsec. (a), is section 903(b) of
Pub. L. 99-662, title IX, Nov. 17, 1986, 100 Stat. 4184, which is not
classified to the Code.
Section 2 of the Flood Control Act of August 28, 1946 (33 U.S.C.
701r), referred to in subsec. (a), probably should be a reference to
``section 2 of the Flood Control Act of August 28, 1937 (33 U.S.C.
701g), section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r)'',
as the probable intent of Congress. Such latter reference appears in an
earlier version of H.R. 6 which became Pub. L. 99-662, and also appears
in section 915(h) of Pub. L. 99-662, which is classified to section
2290(h) of this title.
Amendments
2000--Subsec. (e). Pub. L. 106-541 added subsec. (e).
National Academy of Sciences Study
Pub. L. 106-541, title II, Sec. 216, Dec. 11, 2000, 114 Stat. 2595,
provided that:
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Academy.--The term `Academy' means the National Academy of
Sciences.
``(2) Method.--The term `method' means a method, model,
assumption, or other pertinent planning tool used in conducting an
economic or environmental analysis of a water resources project,
including the formulation of a feasibility report.
``(3) Feasibility report.--The term `feasibility report' means
each feasibility report, and each associated environmental impact
statement and mitigation plan, prepared by the Corps of Engineers
for a water resources project.
``(4) Water resources project.--The term `water resources
project' means a project for navigation, a project for flood
control, a project for hurricane and storm damage reduction, a
project for emergency streambank and shore protection, a project for
ecosystem restoration and protection, and a water resources project
of any other type carried out by the Corps of Engineers.
``(b) Independent peer review of projects.--
``(1) In general.--Not later than 90 days after the date of
enactment of this Act [Dec. 11, 2000], the Secretary [of the Army]
shall contract with the Academy to study, and make recommendations
relating to, the independent peer review of feasibility reports.
``(2) Study elements.--In carrying out a contract under
paragraph (1), the Academy shall study the practicality and efficacy
of the independent peer review of the feasibility reports,
including--
``(A) the cost, time requirements, and other considerations
relating to the implementation of independent peer review; and
``(B) objective criteria that may be used to determine the
most effective application of independent peer review to
feasibility reports for each type of water resources project.
``(3) Academy report.--Not later than 1 year after the date of a
contract under paragraph (1), the Academy shall submit to the
Secretary, the Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Environment and
Public Works of the Senate a report that includes--
``(A) the results of the study conducted under paragraphs
(1) and (2); and
``(B) in light of the results of the study, specific
recommendations, if any, on a program for implementing
independent peer review of feasibility reports.
``(4) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $1,000,000, to remain
available until expended.
``(c) Independent Peer Review of Methods for Project Analysis.--
``(1) In general.--Not later than 90 days after the date of
enactment of this Act [Dec. 11, 2000], the Secretary [of the Army]
shall contract with the Academy to conduct a study that includes--
``(A) a review of state-of-the-art methods;
``(B) a review of the methods currently used by the
Secretary;
``(C) a review of a sample of instances in which the
Secretary has applied the methods identified under subparagraph
(B) in the analysis of each type of water resources project; and
``(D) a comparative evaluation of the basis and validity of
state-of-the-art methods identified under subparagraph (A) and
the methods identified under subparagraphs (B) and (C).
``(2) Academy report.--Not later than 1 year after the date of a
contract under paragraph (1), the Academy shall transmit to the
Secretary, the Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Environment and
Public Works of the Senate a report that includes--
``(A) the results of the study conducted under paragraph
(1); and
``(B) in light of the results of the study, specific
recommendations for modifying any of the methods currently used
by the Secretary for conducting economic and environmental
analyses of water resources projects.
``(3) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $2,000,000. Such sums
shall remain available until expended.''
Engineering Consulting Services
Pub. L. 106-541, title II, Sec. 219, Dec. 11, 2000, 114 Stat. 2596,
provided that: ``In conducting a feasibility study for a water resources
project, the Secretary [of the Army], to the maximum extent practicable,
should not employ a person for engineering and consulting services if
the same person is also employed by the non-Federal interest for such
services unless there is only 1 qualified and responsive bidder for such
services.''
