---
kind: "section"
citation: "33 U.S.C. § 2341c"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "2341c"
heading: "Criteria for funding environmental infrastructure projects"
release: "119-102"
url: "https://uscodex.org/usc/33/2341c"
units:
  - "Chapter 36 — Water Resources Development"
  - "Subchapter V — General Provisions"
---

# §2341c. Criteria for funding environmental infrastructure projects

- (a) **In general—** Not later than 180 days after December 27, 2020, the [Secretary](/usc/33/2201.md) 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](/usc/33/467.md?p=11)) for the [Secretary](/usc/33/2201.md) to carry out.
- (b) **Minimum criteria—** For the purposes of carrying out this section, the [Secretary](/usc/33/2201.md) 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](/usc/33/701h.md) 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](/usc/33/701h.md); and
  - (6) any other criteria that the [Secretary](/usc/33/2201.md) considers to be appropriate.
- (c) **Inclusion in guidance—** The [Secretary](/usc/33/2201.md) shall include the criteria developed under [subsection (a)](#a) in the annual Civil Works Direct [Program](/usc/33/467.md?p=11) Development Policy Guidance of the [Secretary](/usc/33/2201.md).
- (d) **Report to Congress—** For fiscal year 2022, and biennially thereafter, in conjunction with the President’s annual budget submission to Congress under [section 1105(a) of title 31](/usc/31/1105.md?p=a), the [Secretary](/usc/33/2201.md) shall submit to the [Committee](/usc/33/3301.md?p=3) on Environment and Public Works and the [Committee](/usc/33/3301.md?p=3) on Appropriations of the Senate and the [Committee](/usc/33/3301.md?p=3) on Transportation and Infrastructure and the [Committee](/usc/33/3301.md?p=3) on Appropriations of the House of Representatives a report that identifies the [Secretary](/usc/33/2201.md)’s ranking of individual environmental assistance projects authorized by Congress for the [Secretary](/usc/33/2201.md) to carry out, in accordance with the criteria developed under this section.

## Source credit

(Pub. L. 116–260, div. AA, title I, § 137, Dec. 27, 2020, 134 Stat. 2650.)

## Notes

### 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

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

### Definitions

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