EP 1165-2-1
30 Jul 99
than million Federal cost may be approved by resolutions of both
Committees.
a. Congressional Hearings. The SEPWC and HTIC establish a
schedule of hearings. Each report is discussed at their hearings to
permit the Corps to present a brief summary of information and to
permit interested members of Congress, other Federal agencies, the
States and the public, opportunity to present their views.
b. Authorization of Projects under million Federal Cost.
Section 201 of the 1965 Flood Control Act, Public Law 89-298, as
amended, provides a procedure for authorization of projects with an
estimated Federal first cost of construction of less than million.
Under the Section 201 procedures, qualifying projects may be
authorized upon adoption of approval resolutions by both SEPWC and
HTIC. The decision to recommend authorization in accordance with
Section 201 is made by the Secretary of the Army. Such recommendation
is made in the letter transmitting the study report to Congress. Use
of this authority will be recommended by the Secretary of the Army
only in those cases where there is little or no controversy and there
is no departure from established policy.
7-4. Preconstruction Engineering and Design. Preconstruction studies
are required to establish the basic design of the project features in
final detail. The further planning and engineering study and
reporting efforts required subsequent to completion of the
preauthorization feasibility report are discussed in Chapter 9.
7-5.
Deauthorization Review Program.
a. Studies. Section 710 of WRDA 1986 requires an annual Corps
submission to Congress of a list of authorized but incomplete
preauthorization feasibility studies which have not had funds
appropriated during the preceding five full fiscal years. Submission
of the list will not constitute a recommendation for deauthorization,
but merely fulfillment of the requirement to provide a list of studies
that meet the criteria for listing as set by Congress. Congress then
has until 90 days after its submission to appropriate funds for
studies on the list. Any studies which do not have funds appropriated
before the end of the 90-day period will, thereafter, no longer be
authorized.
b. Projects. The provisions of Section 1001 of WRDA 1986
provide for automatic deauthorization of projects specifically
authorized by Congress. They supercede all requirements and
provisions of Section 12 of Public Law 93-251, as amended.
(1) Section 1001 provides criteria for submission of a list to
Congress identifying any unconstructed project or separable element
that has not had funds obligated during 7 full fiscal years.
Submission of the list does not constitute a recommendation for
deauthorization, but rather fulfillment of the requirement to submit a
list of projects meeting the criteria set by Congress. A project or
separable element on the list which does not have funds obligated
within the 30-month period following submission of the list to
Congress is no longer authorized after that period. A list of those
projects and separable elements meeting the Section 1001 criteria is
required every two years.
7-4
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