---
kind: "section"
citation: "33 U.S.C. § 579d–2"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "579d–2"
heading: "Deauthorization of inactive projects"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/579d-2"
units:
  - "Chapter 12 — River and Harbor Improvements Generally"
  - "Subchapter I — General Provisions"
---

# §579d–2. Deauthorization of inactive projects

- (a) **Purposes—** The purposes of this section are—
  - (1) to identify water resources development projects, and [separable elements](/usc/33/426h–1.md?p=3) of projects, authorized by Congress that are no longer viable for construction due to—
    - (A) a lack of local support;
    - (B) a lack of available Federal or non-Federal resources; or
    - (C) an authorizing purpose that is no longer relevant or feasible;
  - (2) to create an expedited and definitive process for Congress to deauthorize water resources development projects and [separable elements](/usc/33/426h–1.md?p=3) that are no longer viable for construction; and
  - (3) to allow the continued authorization of water resources development projects and [separable elements](/usc/33/426h–1.md?p=3) that are viable for construction.
- (b) **Proposed deauthorization list—**
  - (1) **Preliminary list of projects—**
    - (A) **In general—** The [Secretary](/usc/33/426h–1.md?p=2) shall develop a preliminary list of each water resources development project, or [separable element](/usc/33/426h–1.md?p=3) of a project, authorized for construction before June 10, 2014, for which—
      - (i) planning, design, or construction was not initiated before January 4, 2025; or
      - (ii) planning, design, or construction was initiated before January 4, 2025, but for which no funds, Federal or non-Federal, were obligated for planning, design, or construction of the project or [separable element](/usc/33/426h–1.md?p=3) of the project during the current fiscal year or any of the 10 preceding fiscal years.
    - (B) **Use of comprehensive construction backlog and operation and maintenance report—** The [Secretary](/usc/33/426h–1.md?p=2) may develop the preliminary list from the comprehensive construction backlog and operation and maintenance reports developed pursuant to [section 579a(b)(2) of this title](/usc/33/579a.md?p=b-2).
  - (2) **Preparation of proposed deauthorization list—**
    - (A) **Proposed list and estimated deauthorization amount—** The [Secretary](/usc/33/426h–1.md?p=2) shall—
      - (i) prepare a proposed list of projects for deauthorization comprised of a subset of projects and [separable elements](/usc/33/426h–1.md?p=3) identified on the preliminary list developed under [paragraph (1)](#b-1) that are projects or [separable elements](/usc/33/426h–1.md?p=3) described in [subsection (a)(1)](#a-1), as determined by the [Secretary](/usc/33/426h–1.md?p=2); and
      - (ii) include with such proposed list an estimate, in the aggregate, of the Federal cost to complete such projects.
    - (B) **Determination of Federal cost to complete—** For purposes of [subparagraph (A)](#b-2-A), the Federal cost to complete shall take into account any allowances authorized by [section 2280 of this title](/usc/33/2280.md), as applied to the most recent project schedule and cost estimate.
  - (3) **Public comment and consultation—**
    - (A) **In general—** The [Secretary](/usc/33/426h–1.md?p=2) shall solicit comments from the public and the Governors of each applicable State on the proposed deauthorization list prepared under [paragraph (2)(A)](#b-2-A).
    - (B) **Comment period—** The public comment period shall be 90 days.
  - (4) **Preparation of final deauthorization list—**
    - (A) **In general—** The [Secretary](/usc/33/426h–1.md?p=2) shall prepare a final deauthorization list by—
      - (i) considering any comments received under [paragraph (3)](#b-3); and
      - (ii) revising the proposed deauthorization list prepared under [paragraph (2)(A)](#b-2-A) as the [Secretary](/usc/33/426h–1.md?p=2) determines necessary to respond to such comments.
    - (B) **Appendix—** The [Secretary](/usc/33/426h–1.md?p=2) shall include as part of the final deauthorization list an appendix that—
      - (i) identifies each project or [separable element](/usc/33/426h–1.md?p=3) on the proposed deauthorization list that is not included on the final deauthorization list; and
      - (ii) describes the reasons why the project or [separable element](/usc/33/426h–1.md?p=3) is not included on the final deauthorization list.
- (c) **Submission of final deauthorization list to Congress for congressional review; publication—**
  - (1) **In general—** Not later than 90 days after the date of the close of the comment period under [subsection (b)(3)](#b-3), the [Secretary](/usc/33/426h–1.md?p=2) shall—
    - (A) submit the final deauthorization list and appendix prepared under [subsection (b)(4)](#b-4) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate; and
    - (B) publish the final deauthorization list and appendix in the Federal Register.
  - (2) **Exclusions—** The [Secretary](/usc/33/426h–1.md?p=2) shall not include in the final deauthorization list submitted under [paragraph (1)](#c-1) any project or [separable element](/usc/33/426h–1.md?p=3) with respect to which Federal funds for planning, design, or construction are obligated after the development of the preliminary list under [subsection (b)(1)(A)](#b-1-A) but prior to the submission of the final deauthorization list under paragraph (1)(A) of this subsection.
- (d) **Repealed. Pub. L. 117–263, div. H, title LXXXI, § 8301(b), Dec. 23, 2022, 136 Stat. 3776—**
- (e) **Special rules—**
  - (1) **Post-authorization studies—** A project or [separable element](/usc/33/426h–1.md?p=3) of a project may not be identified on the proposed deauthorization list developed under [subsection (b)](#b), or the final deauthorization list developed under [subsection (c)](#c), if the project or [separable element](/usc/33/426h–1.md?p=3) received funding for a post-authorization study during the current fiscal year or any of the 10 preceding fiscal years.
  - (2) **Treatment of project modifications—** For purposes of this section, if an authorized water resources development project or [separable element](/usc/33/426h–1.md?p=3) of the project has been modified by an Act of Congress, the date of the authorization of the project or [separable element](/usc/33/426h–1.md?p=3) shall be deemed to be the date of the most recent such modification.
- (f) **Deauthorization of antiquated projects—**
  - (1) **In general—** Any water resources development project, or [separable element](/usc/33/426h–1.md?p=3) of a project, authorized for construction prior to November 17, 1986, for which construction has not been initiated prior to December 27, 2020, or for which funds have not been obligated for construction in the 10-year period prior to December 27, 2020, is hereby deauthorized.
  - (2) **Identification—** Not later than 60 days after December 27, 2020, the [Secretary](/usc/33/426h–1.md?p=2) shall issue to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that identifies—
    - (A) the name of each project, or [separable element](/usc/33/426h–1.md?p=3) of a project, deauthorized by [paragraph (1)](#f-1); and
    - (B) the estimated current value of each such project or [separable element](/usc/33/426h–1.md?p=3) of a project.
- (g) **Economic and environmental review of inactive water resources development projects—** The [Secretary](/usc/33/426h–1.md?p=2) or the non-Federal interest may not carry out any authorized water resources development project, or [separable element](/usc/33/426h–1.md?p=3) of such project, for which construction has not been initiated in the 20-year period following the date of the authorization of such project or [separable element](/usc/33/426h–1.md?p=3), until—
  - (1) the [Secretary](/usc/33/426h–1.md?p=2) provides to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a post-authorization change report that updates the economic and environmental analysis of the project or [separable element](/usc/33/426h–1.md?p=3); and
  - (2) the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate take appropriate action to address any modifications to the economic and environmental analysis for the project or [separable element](/usc/33/426h–1.md?p=3) of the project contained in the post-authorization change report.
- (h) **Definitions—** In this section:
  - (1) **Post-authorization change report—** The term “post-authorization change report” has the meaning given such term in [section 2282e(d) of this title](/usc/33/2282e.md?p=d).
  - (2) **Post-authorization study—** The term “post-authorization study” means—
    - (A) a feasibility report developed under [section 2282 of this title](/usc/33/2282.md);
    - (B) a feasibility study, as defined in [section 2215(d) of this title](/usc/33/2215.md?p=d); or
    - (C) a review conducted under [section 549a of this title](/usc/33/549a.md), including an initial appraisal that—
      - (i) demonstrates a Federal interest; and
      - (ii) requires additional analysis for the project or [separable element](/usc/33/426h–1.md?p=3).

## Source credit

(Pub. L. 116–260, div. AA, title III, § 301, Dec. 27, 2020, 134 Stat. 2699; Pub. L. 117–263, div. H, title LXXXI, § 8301, Dec. 23, 2022, 136 Stat. 3775; Pub. L. 118–272, div. A, title III, § 1301, Jan. 4, 2025, 138 Stat. 3107.)

## Notes

### Editorial Notes

### Amendments

2025—Subsecs. (a) to (c). Pub. L. 118–272 added subsecs. (a) to (c) and struck out former subsecs. (a) to (c) which related to purposes of this section, proposed deauthorization list, and submission for congressional review and publication of final deauthorization list, respectively.

2022—Subsecs. (a) to (c). Pub. L. 117–263, § 8301(a), added subsecs. (a) to (c) and struck out former subsecs. (a) to (c) which related to purposes of this section, development of proposed deauthorization list, and submission to Congress and publication of final deauthorization list, respectively.

Subsec. (d). Pub. L. 117–263, § 8301(b), struck out subsec. (d) which provided for deauthorization of projects on final deauthorization list subject to congressional review and non-Federal contributions.

### 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.