33 U.S. Code § 579d–2 - Deauthorization of inactive projects

(a) Purposes

The purposes of this section are—

(1) to identify water resources development projects, and separable elements of projects, authorized by Congress that are no longer viable for construction due to—

(A) a lack of local support;

(B) a lack of available Federal or non-Federal resources; or

(C) an authorizing purpose that is no longer relevant or feasible;

(2) to create an expedited and definitive process for Congress to deauthorize water resources development projects and separable elements that are no longer viable for construction; and

(3) to allow the continued authorization of water resources development projects and separable elements that are viable for construction.

(b) Proposed deauthorization list

(1) Preliminary list of projects

(A) In general

The Secretary shall develop a preliminary list of each water resources development project, or separable element of a project, authorized for construction before November 8, 2007, for which—

(i) planning, design, or construction was not initiated before the date of enactment of this Act; or

(ii) planning, design, or construction was initiated before the date of enactment of this Act, but for which no funds, Federal or non-Federal, were obligated for planning, design, or construction of the project or separable element of the project during the current fiscal year or any of the 10 preceding fiscal years.

(B) Use of comprehensive construction backlog and operation and maintenance report

The Secretary may develop the preliminary list from the comprehensive construction backlog and operation and maintenance reports developed pursuant to section 579a(b)(2) of this title.

(2) Preparation of proposed deauthorization list

(A) Proposed list and estimated deauthorization amount

The Secretary shall—

(i) prepare a proposed list of projects for deauthorization comprised of a subset of projects and separable elements identified on the preliminary list developed under paragraph (1) that are projects or separable elements described in subsection (a)(1), as determined by the Secretary; and

(ii) include with such proposed list an estimate, in the aggregate, of the Federal cost to complete such projects.

(B) Determination of Federal cost to complete

For purposes of subparagraph (A), the Federal cost to complete shall take into account any allowances authorized by section 2280 of this title, as applied to the most recent project schedule and cost estimate.

(3) Public comment and consultation

(A) In general

The Secretary shall solicit comments from the public and the Governors of each applicable State on the proposed deauthorization list prepared under paragraph (2)(A).

(B) Comment period

The public comment period shall be 90 days.

(4) Preparation of final deauthorization list

(A) In general

The Secretary shall prepare a final deauthorization list by—

(i) considering any comments received under paragraph (3); and

(ii) revising the proposed deauthorization list prepared under paragraph (2)(A) as the Secretary determines necessary to respond to such comments.

(B) Appendix

The Secretary shall include as part of the final deauthorization list an appendix that—

(i) identifies each project or separable element on the proposed deauthorization list that is not included on the final deauthorization list; and

(ii) describes the reasons why the project or separable element is not included on the final deauthorization list.

(c) Submission of final deauthorization list to Congress for congressional review; publication

(1) In general

Not later than 90 days after the date of the close of the comment period under subsection (b)(3), the Secretary shall—

(A) submit the final deauthorization list and appendix prepared under subsection (b)(4) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate; and

(B) publish the final deauthorization list and appendix in the Federal Register.

(2) Exclusions

The Secretary shall not include in the final deauthorization list submitted under paragraph (1) any project or separable element with respect to which Federal funds for planning, design, or construction are obligated after the development of the preliminary list under subsection (b)(1)(A) but prior to the submission of the final deauthorization list under paragraph (1)(A) of this subsection.

(d) Repealed. Pub. L. 117–263, div. H, title LXXXI, § 8301(b), Dec. 23, 2022, 136 Stat. 3776

(e) Special rules

(1) Post-authorization studies

A project or separable element of a project may not be identified on the proposed deauthorization list developed under subsection (b), or the final deauthorization list developed under subsection (c), if the project or separable element received funding for a post-authorization study during the current fiscal year or any of the 10 preceding fiscal years.

(2) Treatment of project modifications

For purposes of this section, if an authorized water resources development project or separable element of the project has been modified by an Act of Congress, the date of the authorization of the project or separable element shall be deemed to be the date of the most recent such modification.

(f) Deauthorization of antiquated projects

(1) In general

Any water resources development project, or separable element of a project, authorized for construction prior to November 17, 1986, for which construction has not been initiated prior to December 27, 2020, or for which funds have not been obligated for construction in the 10-year period prior to December 27, 2020, is hereby deauthorized.

(2) Identification

Not later than 60 days after December 27, 2020, the Secretary shall issue to 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 identifies—

(A) the name of each project, or separable element of a project, deauthorized by paragraph (1); and

(B) the estimated current value of each such project or separable element of a project.

(g) Economic and environmental review of inactive water resources development projects

The Secretary or the non-Federal interest may not carry out any authorized water resources development project, or separable element of such project, for which construction has not been initiated in the 20-year period following the date of the authorization of such project or separable element, until—

(1) the Secretary provides to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a post-authorization change report that updates the economic and environmental analysis of the project or separable element; and

(2) the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate take appropriate action to address any modifications to the economic and environmental analysis for the project or separable element of the project contained in the post-authorization change report.

(h) Definitions

In this section:

(1) Post-authorization change report

The term “post-authorization change report” has the meaning given such term in section 2282e(d) of this title.

(2) Post-authorization study

The term “post-authorization study” means—

(A) a feasibility report developed under section 2282 of this title;

(B) a feasibility study, as defined in section 2215(d) of this title; or

(C) a review conducted under section 549a of this title, including an initial appraisal that—

(i) demonstrates a Federal interest; and

(ii) requires additional analysis for the project or separable element.

(Pub. L. 116–260, div. AA, title III, § 301, Dec. 27, 2020, 134 Stat. 2699; Pub. L. 117–263, div. H, title LXXXI, § 8301, Dec. 23, 2022, 136 Stat. 3775.)

Editorial Notes

References in Text

The date of enactment of this Act, referred to in subsec. (b)(1)(A), probably means the date of enactment of Pub. L. 117–263, which added subsec. (b) and was approved Dec. 23, 2022.

Amendments

2022—Subsecs. (a) to (c). Pub. L. 117–263, § 8301(a), added subsecs. (a) to (c) and struck out former subsecs. (a) to (c) which related to purposes of this section, development of proposed deauthorization list, and submission to Congress and publication of final deauthorization list, respectively.

Subsec. (d). Pub. L. 117–263, § 8301(b), struck out subsec. (d) which provided for deauthorization of projects on final deauthorization list subject to congressional review and non-Federal contributions.

Statutory Notes and Related Subsidiaries

“Secretary” Defined

Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.