33 U.S.C. § 2282 : US Code - Section 2282: Feasibility reports

Search 33 U.S.C. § 2282 : US Code - Section 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.
(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.