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

(a)

In general

December 27, 2020Not later than 180 days after , the Secretary shall develop specific criteria for the evaluation and ranking of individual environmental assistance projects authorized by Congress (including projects authorized pursuant to environmental assistance programs) for the Secretary to carry out.

(b)

Minimum criteria

For the purposes of carrying out this section, the Secretary shall 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 with respect to 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 shall include the criteria developed under subsection (a) in the annual Civil Works Direct Program Development Policy Guidance of the Secretary.

(d)

Report to Congress

section 1105(a) of title 31For fiscal year 2022, and biennially thereafter, in conjunction with the President’s annual budget submission to Congress under , the Secretary shall 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.

Pub. L. 116–260, div. AA, title I, § 137Dec. 27, 2020134 Stat. 2650(, , .)

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Statutory Notes and Related Subsidiaries

“Secretary” Defined

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

Definitions

section 160 of div. AA of Pub. L. 116–260 section 2201 of this titleFor definition of “economically disadvantaged community” as used in this section, see , set out as a note under .