33 U.S.C. § 701b–17 | Corps of Engineers Western Water Cooperative Committee

(a)

Establishment

(1)

In general

December 23, 2022Not later than 90 days after , the Secretary shall establish a Western Water Cooperative Committee (referred to in this section as the “Cooperative Committee”).

(2)

Purpose

The purpose of the Cooperative Committee is to ensure that Corps of Engineers flood control projects in Western States are operated consistent with congressional directives by identifying opportunities to avoid or minimize conflicts between the operation of Corps of Engineers projects and water rights and water laws in such States.

(3)

Membership

The Cooperative Committee shall be composed of—

(A)

the Assistant Secretary of the Army for Civil Works (or a designee);

(B)

the Chief of Engineers (or a designee);

(C)

1 representative from each of the Western States, who may serve on the Western States Water Council, to be appointed by the Governor of each State;

(D)

1 representative with legal experience from each of the Western States, to be appointed by the attorney general of each State; and

(E)

1 employee from each of the impacted regional offices of the Bureau of Indian Affairs.

(4)

Meetings

(A)

In general

The Cooperative Committee shall meet not less than once each year in one of the Western States.

(B)

Available to public

Each meeting of the Cooperative Committee shall be open and accessible to the public.

(C)

Notification

The Cooperative Committee shall publish in the Federal Register adequate advance notice of a meeting of the Cooperative Committee.

(5)

Duties

(A)

In general

The Cooperative Committee shall develop and make recommendations to avoid or minimize conflicts between the operation of Corps of Engineers projects and the water rights and water laws of Western States.

(B)

Limitation

In carrying out subparagraph (A), the Cooperative Committee shall—

(i)

make recommendations that only apply to Western States; and

(ii)

ensure that any recommended changes or modifications to policy or regulations for Corps of Engineers projects would not adversely affect water resources within the State of Missouri.

(6)

Status updates

(A)

In general

On an annual basis, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written report that includes—

(i)

a summary of the contents of meetings of the Cooperative Committee;

(ii)

any legislative proposal from a Western State proposed to the Cooperative Committee; and

(iii)

a description of any recommendations made by the Cooperative Committee under paragraph (5), including actions taken by the Secretary in response to such recommendations.

(B)

Comment

(i)

In general

Not later than 45 days following the conclusion of a meeting of the Cooperative Committee, the Secretary shall provide to members of the Cooperative Committee an opportunity to comment on the contents of the meeting and any recommendations made under paragraph (5).

(ii)

Inclusion

Comments provided under clause (i) shall be included in the report provided under subparagraph (A).

(7)

Compensation

(A)

In general

Except as provided in subparagraph (B), the members of the Cooperative Committee shall serve without compensation.

(B)

Travel expenses

The members of the Cooperative Committee shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5.

(8)

Maintenance of records

The Cooperative Committee shall maintain records pertaining to operating costs and records of the Cooperative Committee for a period of not less than 3 years.

(9)

Savings provisions

(A)

No additional authority

Nothing in this section provides authority to the Cooperative Committee to affect any Federal or State water law or interstate compact governing water.

(B)

Other States

Nothing in this section may be interpreted, by negative implication or otherwise, as suggesting that States not represented on the Cooperative Committee have lesser interest or authority, in relation to Western States, in managing the water within their borders or in vindicating State water rights and water laws.

(b)

Definition of Western States

In this section, the term “Western States” means the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming.

Pub. L. 117–263, div. H, title LXXXI, § 8158Dec. 23, 2022136 Stat. 3738(, , .)

Statutory Notes and Related Subsidiaries

“Secretary” Defined

section 8002 of Pub. L. 117–263 section 2201 of this titleSecretary means the Secretary of the Army, see , set out as a note under .