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33 U.S.C. § 2202

Title 33 Chapter 36 Current through PL 119-73 Last updated: March 29, 2026 View on OLRC →
Sections in this chapter

§ 2202. Non-Federal engagement and review

  • (a) The Secretary shall expeditiously issue guidance to implement each covered provision of law in accordance with this section.
  • (b)
    • (1) Prior to developing and issuing any new or revised implementation guidance for a covered water resources development law, the Secretary shall issue a public notice that—
      • (A) informs potentially interested non-Federal stakeholders of the Secretary’s intent to develop and issue such guidance; and
      • (B) provides an opportunity for interested non-Federal stakeholders to engage with, and provide input and recommendations to, the Secretary on the development and issuance of such guidance.
    • (2) The Secretary shall issue the notice under paragraph (1) through a posting on a publicly accessible website dedicated to providing notice on the development and issuance of implementation guidance for a covered water resources development law.
  • (c)
    • (1) The Secretary shall allow a minimum of 60 days after issuance of the public notice under subsection (b) for non-Federal stakeholders to provide input and recommendations to the Secretary, prior to finalizing implementation guidance for a covered water resources development law.
    • (2) The Secretary may, as appropriate (as determined by the Secretary), reach out to non-Federal stakeholders and circulate drafts of implementation guidance for a covered water resources development law for informal input and recommendations.
  • (d) The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a copy of all input and recommendations received pursuant to subsection (c) and a description of any consideration of such input and recommendations.
  • (e) When developing implementation guidance for a covered water resources development law, the Secretary shall take into consideration the input and recommendations received from non-Federal stakeholders, and make the final guidance available to the public on the publicly accessible website described in subsection (b)(2).
  • (f) In this section:
    • (1) The term “covered provision of law” means a provision of law under the jurisdiction of the Secretary contained in, or amended by, a covered water resources development law, with respect to which—
      • (A) the Secretary determines guidance is necessary in order to implement the provision; and
      • (B) no such guidance has been issued as of October 23, 2018 .
    • (2) The term “covered water resources development law” means—
      • (A) the Water Resources Reform and Development Act of 2014;
      • (B) the Water Resources Development Act of 2016;
      • (C) this Act; and
      • (D) any Federal water resources development law enacted after October 23, 2018 .

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