---
kind: "section"
citation: "42 U.S.C. § 1962–3"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1962–3"
heading: "Water resources principles and guidelines"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/1962-3"
units:
  - "Chapter 19B — Water Resources Planning"
---

# §1962–3. Water resources principles and guidelines

- (a) **National water resources planning policy—** It is the policy of the United States that all water resources [projects](/usc/42/13641.md?p=2) should reflect national priorities, encourage economic development, and protect the environment by—
  - (1) seeking to maximize sustainable economic development;
  - (2) seeking to avoid the unwise use of floodplains and flood-prone areas and minimizing adverse impacts and vulnerabilities in any case in which a floodplain or flood-prone area must be used; and
  - (3) protecting and restoring the functions of natural systems and mitigating any unavoidable damage to natural systems.
- (b) **Principles and guidelines—**
  - (1) **Principles and guidelines defined—** In this subsection, the term “principles and guidelines” means the principles and guidelines contained in the document prepared by the Water Resources Council pursuant to [section 1962a–2 of this title](/usc/42/1962a–2.md), entitled “Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies”, and dated March 10, 1983.
  - (2) **In general—** Not later than 2 years after November 8, 2007, the [Secretary](/usc/42/242q–4.md?p=2) shall issue revisions, consistent with [paragraph (3)](#b-3), to the principles and guidelines for use by the [Secretary](/usc/42/242q–4.md?p=2) in the formulation, evaluation, and implementation of water resources [projects](/usc/42/13641.md?p=2).
  - (3) **Considerations—** In developing revisions to the principles and guidelines under [paragraph (2)](#b-2), the [Secretary](/usc/42/242q–4.md?p=2) shall evaluate the consistency of the principles and guidelines with, and ensure that the principles and guidelines address, the following:
    - (A) The use of best available economic principles and analytical techniques, including techniques in risk and uncertainty analysis.
    - (B) The assessment and incorporation of public safety in the formulation of alternatives and recommended plans.
    - (C) Assessment methods that reflect the value of [projects](/usc/42/13641.md?p=2) for low-income communities and [projects](/usc/42/13641.md?p=2) that use nonstructural approaches to water resources development and management.
    - (D) The assessment and evaluation of the interaction of a [project](/usc/42/13641.md?p=2) with other water resources [projects](/usc/42/13641.md?p=2) and programs within a region or watershed.
    - (E) The use of contemporary water resources paradigms, including integrated water resources management and adaptive management.
    - (F) Evaluation methods that ensure that water resources [projects](/usc/42/13641.md?p=2) are justified by public benefits.
  - (4) **Consultation and public participation—** In carrying out [paragraph (2)](#b-2), the [Secretary](/usc/42/242q–4.md?p=2) shall—
    - (A) consult with the [Secretary](/usc/42/242q–4.md?p=2) of the Interior, the [Secretary](/usc/42/242q–4.md?p=2) of Agriculture, the [Secretary](/usc/42/242q–4.md?p=2) of Commerce, the [Secretary](/usc/42/242q–4.md?p=2) of Housing and Urban Development, the [Secretary](/usc/42/242q–4.md?p=2) of Transportation, the [Administrator](/usc/42/4005.md?p=1) of the Environmental Protection [Agency](/usc/42/8262.md?p=1), the [Secretary](/usc/42/242q–4.md?p=2) of Energy, the [Secretary](/usc/42/242q–4.md?p=2) of Homeland Security, the National Academy of Sciences, and the Council on Environmental Quality; and
    - (B) solicit and consider public and expert comments.
  - (5) **Publication—** The [Secretary](/usc/42/242q–4.md?p=2) shall—
    - (A) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives copies of—
      - (i) the revisions to the principles and guidelines for use by the [Secretary](/usc/42/242q–4.md?p=2); and
      - (ii) an explanation of the intent of each revision, how each revision is consistent with this section, and the probable impact of each revision on water resources [projects](/usc/42/13641.md?p=2) carried out by the [Secretary](/usc/42/242q–4.md?p=2); and
    - (B) make the revisions to the principles and guidelines for use by the [Secretary](/usc/42/242q–4.md?p=2) available to the public, including on the Internet.
  - (6) **Effect—** Subject to the requirements of this subsection, the principles and guidelines as revised under this subsection shall apply to water resources [projects](/usc/42/13641.md?p=2) carried out by the [Secretary](/usc/42/242q–4.md?p=2) instead of the principles and guidelines for such [projects](/usc/42/13641.md?p=2) in effect on the day before November 8, 2007.
  - (7) **Applicability—** After the date of issuance of the revisions to the principles and guidelines, the revisions shall apply—
    - (A) to all water resources [projects](/usc/42/13641.md?p=2) carried out by the [Secretary](/usc/42/242q–4.md?p=2), other than [projects](/usc/42/13641.md?p=2) for which the [Secretary](/usc/42/242q–4.md?p=2) has commenced a feasibility study before the date of such issuance;
    - (B) at the request of a non-Federal interest, to a water resources [project](/usc/42/13641.md?p=2) for which the [Secretary](/usc/42/242q–4.md?p=2) has commenced a feasibility study before the date of such issuance; and
    - (C) to the reevaluation or modification of a water resources [project](/usc/42/13641.md?p=2), other than a reevaluation or modification that has been commenced by the [Secretary](/usc/42/242q–4.md?p=2) before the date of such issuance.
  - (8) **Existing studies—** Revisions to the principles and guidelines issued under [paragraph (2)](#b-2) shall not affect the validity of any completed study of a water resources [project](/usc/42/13641.md?p=2).
  - (9) **Recommendation—** Upon completion of the revisions to the principles and guidelines for use by the [Secretary](/usc/42/242q–4.md?p=2), the [Secretary](/usc/42/242q–4.md?p=2) shall make a recommendation to Congress as to the advisability of repealing subsections (a) and (b) of [section 1962d–17 of this title](/usc/42/1962d–17.md).

## Source credit

(Pub. L. 110–114, title II, § 2031, Nov. 8, 2007, 121 Stat. 1082.)

## Notes

### Editorial Notes

### Codification

Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Planning Act which comprises this chapter.

### Statutory Notes and Related Subsidiaries

### “Secretary” Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of Title 33, Navigation and Navigable Waters.