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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 33 U.S.C. § 2347b Purpose and need us united_states_code code_section 33 NAVIGATION AND NAVIGABLE WATERS 36 WATER RESOURCES DEVELOPMENT 2347b 33 U.S.C. § 2347b current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip /us/usc/t33/s2347b data/legal/raw/us/code/title-33/usc33.xml 1ed62bba05df1c955ed9f691d6bcec6d51c9eb90ecc7b375f0e4ed2557b95be8 de3d130b31eae77f8c0fc593f61b7287899297718d678d500eea123559828523 facdf13e9a90b68b5e9d86eea2b13f5947b599ab536a4e72ce730aa8ed218575 2026-07-04 official
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33 U.S.C. § 2347b - Purpose and need

Text

(a) Purpose and need statements (1) In general Not later than 90 days after the date of receipt of a complete application for a water storage project, the District Engineer shall develop and provide to the applicant a purpose and need statement that describes—

(A) whether the District Engineer concurs with the assessment of the purpose of and need for the water storage project proposed by the applicant; and

(B) in any case in which the District Engineer does not concur as described in subparagraph (A), an assessment by the District Engineer of the purpose of and need for the project.

(2) Effect on environmental impact statements No environmental impact statement or environmental assessment required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall substantially commence with respect to a water storage project until the date on which the District Engineer provides to the applicant a purpose and need statement as required under paragraph (1).

(b) Appeals request A non-Federal interest may use the administrative appeals process described in part 331 of title 33, Code of Federal Regulations (or any succeeding regulation), in relation to a decision of the Secretary related to an application for a water storage project.

(Pub. L. 115270, title I, § 1126, Oct. 23, 2018, 132 Stat. 3779.)

Notes

Editorial Notes

References in TextThe National Environmental Policy Act of 1969, referred to in subsec. (a)(2), is Pub. L. 91190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Codification Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the Americas Water Infrastructure Act of 2018, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 102 of Pub. L. 115270, set out as a note under section 2201 of this title.