Reading Room Document
Authority of Water Resources Council to Adopt Standards and Criteria for Calculation of Primary Direct Navigation Benefits of Water Resources Project
This document is a legal memorandum addressing the calculation of primary direct navigation benefits of a water resource project, as outlined in the Department of Transportation Act of 1966. The conclusion reached is that the factors set forth in the formula for determining the primary direct navigation benefits are exclusive and cannot be altered by the Water Resources Council. The questions presented for review include whether the Council may consider factors in addition to those specific to the formula, and whether the definition of primary direct navigation benefits prevents the Council from considering other benefits in establishing overall standards and criteria for economic evaluation of water resource projects. The document also provides a detailed analysis of the legislative history and intent behind the definition of primary direct navigation benefits.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit