Continuing authority programs
Division A — Water resources development › Title I — General provisions
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(a) Delegation of decision documents The Secretary shall delegate the management, review, and approval of the decision document for a study for a project under a continuing authority program to the applicable District Commander. (b) Studies for CAP projects (1) In general Notwithstanding any provision of law or policy of the Secretary and except as described in paragraph (3), in carrying out a study for a project under a continuing authority program, the applicable District Commander shall use simplified evaluation procedures described in paragraph (2). (2) Simplified evaluation procedures described Simplified evaluation procedures referred to in paragraph (1) include 1 or more of the following: (A) Limited development, screening, or evaluation of alternatives. (B) Preparation of condensed or streamlined decision documents, including through the use of— (i) existing information, including data, models, and existing analyses developed by the Corps of Engineers or a non-Federal public entity; (ii) engineering judgment of the Corps of Engineers; (iii) information, data, and preferred solutions provided by the non-Federal sponsor, if appropriate; and (iv) focused documentation that limits detailed evaluation to the recommended plan and the no-action alternative. (C) Establishment of accelerated or concurrent project milestones. (D) Any other processes or actions that the applicable District Commander determines to be consistent with this section. (3) Exception The applicable District Commander may determine that paragraph (1) shall not apply to a study if the applicable District Commander determines that the study is reasonably expected to recommend a project that will significantly increase the risk to human life or safety in the event of a failure of the completed project. (4) Savings provision Nothing in this subsection affects any obligation to comply with otherwise applicable provisions of any Federal or State environmental law. (c) Definitions In this section: (1) Applicable District Commander The term applicable District Commander means a Commander of a district of the Corps of Engineers that has jurisdiction over the area in which a project described in this section would be carried out. (2) Continuing authority program The term continuing authority program has the meaning given the term in section 7001(c)(1)(D) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d(c)(1)(D)). (3) Decision document The term decision document means the consolidated documentation of feasibility, technical and policy analyses, findings, and conclusions on which the recommended project for implementation is based.
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