33 U.S.C. § 2712 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 40: OIL POLLUTION / Subchapter I: OIL POLLUTION LIABILITY AND COMPENSATION / Section 2712: Uses of Fund
Uses of Fund
Status: in_force

(a) Uses generally

The Fund shall be available to the President for—

(1) the payment of removal costs, including the costs of monitoring removal actions, determined by the President to be consistent with the National Contingency Plan—

(A) by Federal authorities; or

(B) by a State, a political subdivision of a State, or an Indian tribe, pursuant to a cost-reimbursable agreement under subsection (d);

(2) the payment of costs incurred by Federal, State, or Indian tribe trustees in carrying out their functions under section 2706 of this title for assessing natural resource damages and for developing and implementing plans for the restoration, rehabilitation, replacement, or acquisition of the equivalent of damaged resources determined by the President to be consistent with the National Contingency Plan;

(3) the payment of removal costs determined by the President to be consistent with the National Contingency Plan as a result of, and damages resulting from, a discharge, or a substantial threat of a discharge, of oil from a foreign offshore unit;

(4) the payment of claims in accordance with section 2713 of this title for uncompensated removal costs determined by the President to be consistent with the National Contingency Plan or uncompensated damages, including, in the case of a spill of national significance that results in extraordinary Coast Guard claims processing activities, the administrative and personnel costs of the Coast Guard to process such claims (including the costs of commercial claims processing, expert services, training, and technical services), subject to the condition that the Coast Guard shall submit to Congress a report describing each spill of national significance not later than 30 days after the date on which the Coast Guard determines it necessary to process such claims; and

(5) the payment of Federal administrative, operational, and personnel costs and expenses reasonably necessary for and incidental to the implementation, administration, and enforcement of this Act (including, but not limited to, sections 1004(d)(2), 1006(e), 4107, 4110, 4111, 4112, 4117, 5006, 8103, and title VII) and subsections (b), (c), (d), (j), and (l) of section 1321 of this title with respect to prevention, removal, and enforcement related to oil discharges, provided that—

(A) not more than $25,000,000 in each fiscal year shall be available to the Secretary for operations and support incurred by the Coast Guard;

(B) not more than $15,000,000 in each fiscal year shall be available to the Under Secretary of Commerce for Oceans and Atmosphere for expenses incurred by, and activities related to, response and damage assessment capabilities of the National Oceanic and Atmospheric Administration;

(C) not more than $30,000,000 each year through the end of fiscal year 1992 shall be available to establish the National Response System under section 1321(j) of this title, including the purchase and prepositioning of oil spill removal equipment; and

(D) not more than $27,250,000 in each fiscal year shall be available to carry out subchapter IV of this chapter.

(b) Defense to liability for Fund

(1) In general

The Fund shall not be available to pay any claim for removal costs or damages to a particular claimant, to the extent that the incident, removal costs, or damages are caused by the gross negligence or willful misconduct of that claimant.

(2) Subrogated rights

Except for a guarantor claim pursuant to a defense under section 2716(f)(1) of this title, Fund compensation of any claim by an insurer or other indemnifier of a responsible party or injured third party is subject to the subrogated rights of that responsible party or injured third party to such compensation.

(c) Obligation of Fund by Federal officials

The President may promulgate regulations designating one or more Federal officials who may obligate money in accordance with subsection (a).

(d) Cost-reimbursable agreement

(1) In general

In carrying out section 1321(c) of this title, the President may enter into cost-reimbursable agreements with a State, a political subdivision of a State, or an Indian tribe to obligate the Fund for the payment of removal costs consistent with the National Contingency Plan.

(2) Inapplicability

Chapter 63 and section 1535 of title 31 shall not apply to a cost-reimbursable agreement entered into under this subsection.

(e) Rights of subrogation

Payment of any claim or obligation by the Fund under this Act shall be subject to the United States Government acquiring by subrogation all rights of the claimant or State to recover from the responsible party.

(f) Period of limitations for claims

(1) Removal costs

No claim may be presented under this subchapter for recovery of removal costs for an incident unless the claim is presented within 6 years after the date of completion of all removal actions for that incident.

(2) Damages

No claim may be presented under this section for recovery of damages unless the claim is presented within 3 years after the date on which the injury and its connection with the discharge in question were reasonably discoverable with the exercise of due care, or in the case of natural resource damages under section 2702(b)(2)(A) of this title, if later, the date of completion of the natural resources damage assessment under section 2706(e) of this title.

(3) Minors and incompetents

The time limitations contained in this subsection shall not begin to run—

(A) against a minor until the earlier of the date when such minor reaches 18 years of age or the date on which a legal representative is duly appointed for the minor, or

(B) against an incompetent person until the earlier of the date on which such incompetent's incompetency ends or the date on which a legal representative is duly appointed for the incompetent.

(g) Limitation on payment for same costs

In any case in which the President has paid an amount from the Fund for any removal costs or damages specified under subsection (a), no other claim may be paid from the Fund for the same removal costs or damages.

(h) Obligation in accordance with plan

(1) In general

Except as provided in paragraph (2), amounts may be obligated from the Fund for the restoration, rehabilitation, replacement, or acquisition of natural resources only in accordance with a plan adopted under section 2706(c) of this title.

(2) Exception

Paragraph (1) shall not apply in a situation requiring action to avoid irreversible loss of natural resources or to prevent or reduce any continuing danger to natural resources or similar need for emergency action.

(i) Preference for private persons in area affected by discharge

(1) In general

In the expenditure of Federal funds for removal of oil, including for distribution of supplies, construction, and other reasonable and appropriate activities, under a contract or agreement with a private person, preference shall be given, to the extent feasible and practicable, to private persons residing or doing business primarily in the area affected by the discharge of oil.

(2) Limitation

This subsection shall not be considered to restrict the use of Department of Defense resources.

(j) Reports

(1) In general

Each year, on the date on which the President submits to Congress a budget under section 1105 of title 31, the President, through the Secretary of the Department in which the Coast Guard is operating, shall—

(A) provide a report on disbursements for the preceding fiscal year from the Fund, regardless of whether those disbursements were subject to annual appropriations, to—

(i) the Senate Committee on Commerce, Science, and Transportation; and

(ii) the House of Representatives Committee on Transportation and Infrastructure; and

(B) make the report available to the public on the National Pollution Funds Center Internet website.

(2) Contents

The report shall include—

(A) a list of each incident that—

(i) occurred in the preceding fiscal year; and

(ii) resulted in disbursements from the Fund, for removal costs and damages, totaling $500,000 or more;

(B) a list of each incident that—

(i) occurred in the fiscal year preceding the preceding fiscal year; and

(ii) resulted in disbursements from the Fund, for removal costs and damages, totaling $500,000 or more; and

(C) an accounting of any amounts reimbursed to the Fund in the preceding fiscal year that were recovered from a responsible party for an incident that resulted in disbursements from the Fund, for removal costs and damages, totaling $500,000 or more.

(3) Agency recordkeeping

Each Federal agency that receives amounts from the Fund shall maintain records describing the purposes for which such funds were obligated or expended in such detail as the Secretary may require for purposes of the report required under paragraph (1).

(Pub. L. 101–380, title I, §1012, Aug. 18, 1990, 104 Stat. 498; Pub. L. 108–293, title VII, §708(b), Aug. 9, 2004, 118 Stat. 1077; Pub. L. 111–281, title VII, §708, Oct. 15, 2010, 124 Stat. 2984; Pub. L. 115–282, title VIII, §816, Dec. 4, 2018, 132 Stat. 4305; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §§8302(a), 8303(b), title LVXXXV [LXXXV], §8513(c), Jan. 1, 2021, 134 Stat. 4692, 4761; Pub. L. 117–263, div. K, title CXIII, §§11310, 11314, Dec. 23, 2022, 136 Stat. 4085, 4087.)

Editorial Notes

References in Text

This Act, referred to in subsecs. (a)(5) and (e), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, known as the Oil Pollution Act of 1990, which is classified principally to this chapter. Sections 1004(d)(2) and 1006(e) are classified to sections 2704(d)(2) and 2706(e), respectively, of this title. Section 4107 amended former section 1223 of this title and enacted provisions formerly set out as a note under section 1223 of this title. Sections 4110 and 4111 enacted provisions set out as a note and formerly set out as a note under section 3703 of Title 46, Shipping. Section 4112 is not classified to the Code. Section 4117 enacted provisions set out as a note under section 1295 of the former Appendix to Title 46. Section 5006 is classified to section 2736 of this title. Section 8103 enacted provisions formerly set out as a note under section 1651 of Title 43, Public Lands. Title VII is classified to subchapter IV of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.

Amendments

2022—Subsec. (a)(1)(B). Pub. L. 117–263, §11314(1), substituted "by a State, a political subdivision of a State, or an Indian tribe, pursuant to a cost-reimbursable agreement" for "by a Governor or designated State official".

Subsec. (a)(4). Pub. L. 117–263, §11310, inserted ", including, in the case of a spill of national significance that results in extraordinary Coast Guard claims processing activities, the administrative and personnel costs of the Coast Guard to process such claims (including the costs of commercial claims processing, expert services, training, and technical services), subject to the condition that the Coast Guard shall submit to Congress a report describing each spill of national significance not later than 30 days after the date on which the Coast Guard determines it necessary to process such claims" after "damages".

Subsec. (d). Pub. L. 117–263, §11314(2), added subsec. (d) and struck out former subsec. (d) which related to access to Fund by State officials.

Subsec. (e). Pub. L. 117–263, §11314(2), (3), redesignated subsec. (f) as (e) and struck out former subsec. (e). Prior to amendment, text of subsec. (e) read as follows: "The President shall—

"(1) not later than 6 months after August 18, 1990, publish proposed regulations detailing the manner in which the authority to obligate the Fund and to enter into agreements under this subsection shall be exercised; and

"(2) not later than 3 months after the close of the comment period for such proposed regulations, promulgate final regulations for that purpose."

Subsecs. (f) to (l). Pub. L. 117–263, §11314(3), redesignated subsecs. (h), (i), (j), (k), and (l) as (f), (g), (h), (i), and (j), respectively. Former subsec. (f) redesignated (e).

2021—Subsec. (a)(5)(A). Pub. L. 116–283, §8513(c), substituted "operations and support" for "operating expenses".

Subsec. (a)(6). Pub. L. 116–283, §8303(b), struck out par. (6) which read as follows: "the making of loans pursuant to the program established under section 2713(f) of this title."

Subsec. (b). Pub. L. 116–283, §8302(a), designated existing provisions as par. (1), inserted heading, and added par. (2).

2018—Subsec. (g). Pub. L. 115–282, §816(1), struck out subsec. (g) which related to audits.

Subsec. (l)(1). Pub. L. 115–282, §816(2), substituted "Each year, on the date on which the President submits to Congress a budget under section 1105 of title 31," for "Within one year after October 15, 2010, and annually thereafter," in introductory provisions.

Subsec. (l)(2). Pub. L. 115–282, §816(3), amended par. (2) generally. Prior to amendment, text read as follows: "The report shall include—

"(A) a list of each disbursement of $250,000 or more from the Fund during the preceding fiscal year; and

"(B) a description of how each such use of the Fund meets the requirements of subsection (a)."

2010—Subsec. (a)(5)(B) to (D). Pub. L. 111–281, §708(a), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively.

Subsec. (g). Pub. L. 111–281, §708(b)(1), added subsec. (g) and struck out former subsec. (g). Prior to amendment, text read as follows: "The Comptroller General shall audit all payments, obligations, reimbursements, and other uses of the Fund, to assure that the Fund is being properly administered and that claims are being appropriately and expeditiously considered. The Comptroller General shall submit to the Congress an interim report one year after August 18, 1990. The Comptroller General shall thereafter audit the Fund as is appropriate. Each Federal agency shall cooperate with the Comptroller General in carrying out this subsection."

Subsec. (l). Pub. L. 111–281, §708(b)(2), added subsec. (l).

2004—Subsec. (a)(6). Pub. L. 108–293 added par. (6).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §8302(b), Jan. 1, 2021, 134 Stat. 4692, provided that: "This section [amending this section] and the amendments made by this section shall take effect 180 days after the date of enactment of this Act [Jan. 1, 2021]."

Rule of Construction

Nothing in amendment made by section 11314(1), (2) of Pub. L. 117–263 to be construed to satisfy any requirement for government-to-government consultation with Tribal governments or to affect or modify any treaty or other right of any Tribal government, see section 11003 of Pub. L. 117–263, set out as a note under section 245 of Title 6, Domestic Security.

Use of Fund for Spills of National Significance

Pub. L. 112–74, div. D, title V, §563, Dec. 23, 2011, 125 Stat. 981, provided that: "For fiscal year 2012 and thereafter, notwithstanding section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)) and 31 U.S.C. 3302, in the event that a spill of national significance occurs, any payment of amounts from the Oil Spill Liability Trust Fund pursuant to section 1012(a)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(1)) for the removal costs incurred by the Coast Guard for such spill, shall be credited directly to the accounts of the Coast Guard current at the time such removal costs were incurred or when reimbursement is received: Provided, That such amounts shall be merged with and, without further appropriations, made available for the same time period and the same purpose as the appropriation to which it is credited."

Executive Documents

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Delegation of Functions

Functions of President under subsecs. (a)(1), (3), (4), (d), and (e) of this section delegated to Secretary of Department in which Coast Guard is operating by section 7(a)(1)(A), (c)(1), (3) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54766, 54767, set out as a note under section 1321 of this title.

Functions of President under subsec. (a)(2) of this section delegated to Federal trustees designated in National Contingency Plan by section 7(a)(2) of Ex. Ord. No. 12777.

Functions of President under subsecs. (a)(5) and (c) of this section delegated to each head of departments and agencies having responsibility for implementation, administration, and enforcement of the Oil Pollution Act of 1990 (Pub. L. 101–380, see Tables for classification) and section 1321(b), (c), (d), (j), (l) of this title by section 7(a)(3), (b) of Ex. Ord. No. 12777.

Memorandum of the President of the United States, Aug. 24, 1990, 55 F.R. 35291, which delegated to the Secretary of the Department in which the Coast Guard is operating authority to make available from the Oil Spill Liability Trust Fund not to exceed $50,000,000 in any fiscal year to remove discharged oil or hazardous substances from navigable waters, was revoked by Ex. Ord. No. 12777, §8(i), Oct. 18, 1991, 56 F.R. 54769, set out as a note under section 1321 of this title.
33 U.S.C. § 2261 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter IV: WATER RESOURCES STUDIES / Section 2261: Territories development study
Territories development study
Status: in_force

The Secretary is hereby authorized and directed to make studies in cooperation with the Secretary of the Interior and the governments of the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands for the purposes of providing plans for the development, utilization, and conservation of water and related land resources of such jurisdiction, at a total cost of $2,000,000 for each of the five studies. Such studies shall include appropriate consideration of the needs for flood protection, wise use of flood plain lands, navigation facilities, hydroelectric power generation, regional water supply and waste water management facilities systems, general recreation facilities, enhancement and control of water quality, enhancement and conservation of fish and wildlife, and other measures for environmental enhancement, economic and human resources development. Such studies shall be compatible with comprehensive development plans formulated by local planning agencies and other interested Federal agencies. Any funds made available under this section for a study for any such jurisdiction which is not needed for such study shall be available to the Secretary to construct authorized water resources projects in such jurisdiction and to implement the findings of such study with appropriate cost sharing as provided in this Act.

(Pub. L. 99–662, title VII, §702, Nov. 17, 1986, 100 Stat. 4156.)

Editorial Notes

References in Text

This Act, referred to in text, is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables.

Executive Documents

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
33 U.S.C. § 2716 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 40: OIL POLLUTION / Subchapter I: OIL POLLUTION LIABILITY AND COMPENSATION / Section 2716: Financial responsibility
Financial responsibility
Status: in_force

(a) Requirement

The responsible party for—

(1) any vessel over 300 gross tons (except a non-self-propelled vessel that does not carry oil as cargo or fuel) using any place subject to the jurisdiction of the United States;

(2) any vessel using the waters of the exclusive economic zone to transship or lighter oil destined for a place subject to the jurisdiction of the United States; or

(3) any tank vessel over 100 gross tons using any place subject to the jurisdiction of the United States;

shall establish and maintain, in accordance with regulations promulgated by the Secretary, evidence of financial responsibility sufficient to meet the maximum amount of liability to which the responsible party could be subjected under section 2704(a) or (d) of this title, in a case where the responsible party would be entitled to limit liability under that section. If the responsible party owns or operates more than one vessel, evidence of financial responsibility need be established only to meet the amount of the maximum liability applicable to the vessel having the greatest maximum liability.

(b) Sanctions

(1) Withholding clearance

The Secretary of the Treasury shall withhold or revoke the clearance required by section 60105 of title 46 of any vessel subject to this section that does not have the evidence of financial responsibility required for the vessel under this section.

(2) Denying entry to or detaining vessels

The Secretary may—

(A) deny entry to any vessel to any place in the United States, or to the navigable waters, or

(B) detain at the place,

any vessel that, upon request, does not produce the evidence of financial responsibility required for the vessel under this section.

(3) Seizure of vessel

Any vessel subject to the requirements of this section which is found in the navigable waters without the necessary evidence of financial responsibility for the vessel shall be subject to seizure by and forfeiture to the United States.

(c) Offshore facilities

(1) In general

(A) Evidence of financial responsibility required

Except as provided in paragraph (2), a responsible party with respect to an offshore facility that—

(i)(I) is located seaward of the line of ordinary low water along that portion of the coast that is in direct contact with the open sea and the line marking the seaward limit of inland waters; or

(II) is located in coastal inland waters, such as bays or estuaries, seaward of the line of ordinary low water along that portion of the coast that is not in direct contact with the open sea;

(ii) is used for exploring for, drilling for, producing, or transporting oil from facilities engaged in oil exploration, drilling, or production; and

(iii) has a worst-case oil spill discharge potential of more than 1,000 barrels of oil (or a lesser amount if the President determines that the risks posed by such facility justify it),

shall establish and maintain evidence of financial responsibility in the amount required under subparagraph (B) or (C), as applicable.

(B) Amount required generally

Except as provided in subparagraph (C), the amount of financial responsibility for offshore facilities that meet the criteria of subparagraph (A) is—

(i) $35,000,000 for an offshore facility located seaward of the seaward boundary of a State; or

(ii) $10,000,000 for an offshore facility located landward of the seaward boundary of a State.

(C) Greater amount

If the President determines that an amount of financial responsibility for a responsible party greater than the amount required by subparagraph (B) is justified based on the relative operational, environmental, human health, and other risks posed by the quantity or quality of oil that is explored for, drilled for, produced, or transported by the responsible party, the evidence of financial responsibility required shall be for an amount determined by the President not exceeding $150,000,000.

(D) Multiple facilities

In a case in which a person is a responsible party for more than one facility subject to this subsection, evidence of financial responsibility need be established only to meet the amount applicable to the facility having the greatest financial responsibility requirement under this subsection.

(E) Definition

For the purpose of this paragraph, the seaward boundary of a State shall be determined in accordance with section 1301(b) of title 43.

(2) Deepwater ports

Each responsible party with respect to a deepwater port shall establish and maintain evidence of financial responsibility sufficient to meet the maximum amount of liability to which the responsible party could be subjected under section 2704(a) of this title in a case where the responsible party would be entitled to limit liability under that section. If the Secretary exercises the authority under section 2704(d)(2) of this title to lower the limit of liability for deepwater ports, the responsible party shall establish and maintain evidence of financial responsibility sufficient to meet the maximum amount of liability so established. In a case in which a person is the responsible party for more than one deepwater port, evidence of financial responsibility need be established only to meet the maximum liability applicable to the deepwater port having the greatest maximum liability.

(e) 1 Methods of financial responsibility

Financial responsibility under this section may be established by any one, or by any combination, of the following methods which the Secretary (in the case of a vessel) or the President (in the case of a facility) determines to be acceptable: evidence of insurance, surety bond, guarantee, letter of credit, qualification as a self-insurer, or other evidence of financial responsibility. Any bond filed shall be issued by a bonding company authorized to do business in the United States. In promulgating requirements under this section, the Secretary or the President, as appropriate, may specify policy or other contractual terms, conditions, or defenses which are necessary, or which are unacceptable, in establishing evidence of financial responsibility to effectuate the purposes of this Act.

(f) Claims against guarantor

(1) In general

Subject to paragraph (2), a claim for which liability may be established under section 2702 of this title may be asserted directly against any guarantor providing evidence of financial responsibility for a responsible party liable under that section for removal costs and damages to which the claim pertains. In defending against such a claim, the guarantor may invoke—

(A) all rights and defenses which would be available to the responsible party under this Act;

(B) any defense authorized under subsection (e); and

(C) the defense that the incident was caused by the willful misconduct of the responsible party.

The guarantor may not invoke any other defense that might be available in proceedings brought by the responsible party against the guarantor.

(2) Further requirement

A claim may be asserted pursuant to paragraph (1) directly against a guarantor providing evidence of financial responsibility under subsection (c)(1) with respect to an offshore facility only if—

(A) the responsible party for whom evidence of financial responsibility has been provided has denied or failed to pay a claim under this Act on the basis of being insolvent, as defined under section 101(32) of title 11, and applying generally accepted accounting principles;

(B) the responsible party for whom evidence of financial responsibility has been provided has filed a petition for bankruptcy under title 11; or

(C) the claim is asserted by the United States for removal costs and damages or for compensation paid by the Fund under this Act, including costs incurred by the Fund for processing compensation claims.

(3) Rulemaking authority

Not later than 1 year after October 19, 1996, the President shall promulgate regulations to establish a process for implementing paragraph (2) in a manner that will allow for the orderly and expeditious presentation and resolution of claims and effectuate the purposes of this Act.

(g) Limitation on guarantor's liability

Nothing in this Act shall impose liability with respect to an incident on any guarantor for damages or removal costs which exceed, in the aggregate, the amount of financial responsibility which that guarantor has provided for a responsible party pursuant to this section. The total liability of the guarantor on direct action for claims brought under this Act with respect to an incident shall be limited to that amount.

(h) Continuation of regulations

Any regulation relating to financial responsibility, which has been issued pursuant to any provision of law repealed or superseded by this Act, and which is in effect on the date immediately preceding the effective date of this Act, is deemed and shall be construed to be a regulation issued pursuant to this section. Such a regulation shall remain in full force and effect unless and until superseded by a new regulation issued under this section.

(i) Unified certificate

The Secretary may issue a single unified certificate of financial responsibility for purposes of this Act and any other law.

(Pub. L. 101–380, title I, §1016, Aug. 18, 1990, 104 Stat. 502; Pub. L. 104–55, §2(d)(2), Nov. 20, 1995, 109 Stat. 547; Pub. L. 104–324, title XI, §1125(a), Oct. 19, 1996, 110 Stat. 3981; Pub. L. 111–281, title VII, §712, Oct. 15, 2010, 124 Stat. 2988.)

Editorial Notes

References in Text

This Act, referred to in subsecs. (e), (f), (g), (h), and (i), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, known as the Oil Pollution Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.

The effective date of this Act, referred to in subsec. (h), is the effective date of Pub. L. 101–380 which is applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of this title.

Codification

In subsec. (b)(1), "section 60105 of title 46" substituted for "section 4197 of the Revised Statutes of the United States" on authority of Pub. L. 109–304, §18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping.

Amendments

2010—Subsec. (a)(3). Pub. L. 111–281 added par. (3).

1996—Subsec. (c)(1). Pub. L. 104–324, §1125(a)(1), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "Except as provided in paragraph (2), each responsible party with respect to an offshore facility shall establish and maintain evidence of financial responsibility of $150,000,000 to meet the amount of liability to which the responsible party could be subjected under section 2704(a) of this title in a case in which the responsible party would be entitled to limit liability under that section. In a case in which a person is the responsible party for more than one facility subject to this subsection, evidence of financial responsibility need be established only to meet the maximum liability applicable to the facility having the greatest maximum liability."

Subsec. (f). Pub. L. 104–324, §1125(a)(2), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "Any claim for which liability may be established under section 2702 of this title may be asserted directly against any guarantor providing evidence of financial responsibility for a responsible party liable under that section for removal costs and damages to which the claim pertains. In defending against such a claim, the guarantor may invoke (1) all rights and defenses which would be available to the responsible party under this Act, (2) any defense authorized under subsection (e), and (3) the defense that the incident was caused by the willful misconduct of the responsible party. The guarantor may not invoke any other defense that might be available in proceedings brought by the responsible party against the guarantor."

Subsec. (g). Pub. L. 104–324, §1125(a)(3), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "Nothing in this Act shall impose liability with respect to an incident on any guarantor for damages or removal costs which exceed, in the aggregate, the amount of financial responsibility required under this Act which that guarantor has provided for a responsible party."

1995—Subsec. (a). Pub. L. 104–55 substituted "the responsible party could be subjected under section 2704(a) or (d) of this title" for ", in the case of a tank vessel, the responsible party could be subject under section 2704(a)(1) or (d) of this title, or to which, in the case of any other vessel, the responsible party could be subjected under section 2704(a)(2) or (d) of this title".

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–324, title XI, §1125(b), Oct. 19, 1996, 110 Stat. 3983, provided that: "The amendment made by subsection (a)(2) [amending this section] shall not apply to any final rule issued before the date of enactment of this section [Oct. 19, 1996]."

Executive Documents

Delegation of Functions

Specific functions of President under subsec. (e) of this section delegated to Secretary of the Interior and Secretary of the Department in which the Coast Guard is operating by section 5(a) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54764, as amended, set out as a note under section 1321 of this title.

1 So in original. No subsec. (d) has been enacted.
33 U.S.C. § 2282f (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2282f: Review of resiliency assessments
Review of resiliency assessments
Status: in_force

(a) Resiliency assessment

(1) In general

Not later than 180 days after December 27, 2020, and in conjunction with the development of procedures under section 1962–4 of title 42, the Secretary is directed to review, and where appropriate, revise the existing planning guidance documents and regulations of the Corps of Engineers on the assessment of the effects of sea level rise or inland flooding on future water resources development projects to ensure that such guidance documents and regulations are based on the best available, peer-reviewed science and data on the current and future effects of sea level rise or inland flooding on relevant communities.

(2) Coordination

In carrying out this subsection, the Secretary shall—

(A) coordinate the review with the Engineer Research and Development Center, other Federal and State agencies, and other relevant entities; and

(B) to the maximum extent practicable and where appropriate, utilize data provided to the Secretary by such agencies.

(b) Assessment of benefits from addressing sea level rise and inland flooding resiliency in feasibility reports

(1) In general

Upon the request of a non-Federal interest, in carrying out a feasibility study for a project for flood risk mitigation, hurricane and storm damage risk reduction, or ecosystem restoration under section 2282 of this title, the Secretary shall consider whether the need for the project is predicated upon or exacerbated by conditions related to sea level rise or inland flooding.

(2) Addressing sea level rise and inland flooding resiliency benefits

To the maximum extent practicable, in carrying out a study pursuant to paragraph (1), the Secretary shall document the potential effects of sea level rise or inland flooding on the project, and the expected benefits of the project relating to sea level rise or inland flooding, during the 50-year period after the date of completion of the project.

(Pub. L. 116–260, div. AA, title I, §113, Dec. 27, 2020, 134 Stat. 2626.)

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.
33 U.S.C. § 1368 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 26: WATER POLLUTION PREVENTION AND CONTROL / Subchapter V: GENERAL PROVISIONS / Section 1368: Federal procurement
Federal procurement
Status: in_force

(a) Contracts with violators prohibited

No Federal agency may enter into any contract with any person, who has been convicted of any offense under section 1319(c) of this title, for the procurement of goods, materials, and services if such contract is to be performed at any facility at which the violation which gave rise to such conviction occurred, and if such facility is owned, leased, or supervised by such person. The prohibition in the preceding sentence shall continue until the Administrator certifies that the condition giving rise to such conviction has been corrected.

(b) Notification of agencies

The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a) of this section.

(c) Omitted

(d) Exemptions

The President may exempt any contract, loan, or grant from all or part of the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption.

(e) Annual report to Congress

The President shall annually report to the Congress on measures taken in compliance with the purpose and intent of this section, including, but not limited to, the progress and problems associated with such compliance.

(f) Contractor certification or contract clause in acquisition of commercial products or commercial services

(1) No certification by a contractor, and no contract clause, may be required in the case of a contract for the acquisition of commercial products or commercial services in order to implement a prohibition or requirement of this section or a prohibition or requirement issued in the implementation of this section.

(2) In paragraph (1), the terms "commercial product" and "commercial service" have the meanings given those terms in sections 103 and 103a, respectively, of title 41.

(June 30, 1948, ch. 758, title V, §508, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 891; amended Pub. L. 103–355, title VIII, §8301(a), Oct. 13, 1994, 108 Stat. 3396; Pub. L. 115–232, div. A, title VIII, §836(g)(5), Aug. 13, 2018, 132 Stat. 1873.)

Editorial Notes

Codification

Subsec. (c) of this section authorized the President to cause to be issued, not more than 180 days after October 18, 1972, an order (1) requiring each Federal agency authorized to enter into contracts or to extend Federal assistance by way of grant, loan, or contract, to effectuate the purpose and policy of this chapter, and (2) setting forth procedures, sanctions and penalties as the President determines necessary to carry out such requirement.

Amendments

2018—Subsec. (f)(1). Pub. L. 115–232, §836(g)(5)(A), substituted "commercial products or commercial services" for "commercial items".

Subsec. (f)(2). Pub. L. 115–232, §836(g)(5)(B), substituted "the terms 'commercial product' and 'commercial service' have the meanings given those terms in sections 103 and 103a, respectively, of title 41." for "the term 'commercial item' has the meaning given such term in section 103 of title 41."

1994—Subsec. (f). Pub. L. 103–355 added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.

Effective Date of 1994 Amendment

For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 8752 of Title 10, Armed Forces.

Executive Documents

Administration of Chapter With Respect to Federal Contracts, Grants, or Loans

For provisions concerning the administration of this chapter with respect to Federal contracts, grants, or loans, see Ex. Ord. No. 11738, Sept. 10, 1973, 38 F.R. 25161, set out as a note under section 7606 of Title 42, The Public Health and Welfare.
33 U.S.C. § 2289a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2289a: Consideration of measures
Consideration of measures
Status: in_force

(a) Definitions

In this section, the following definitions apply:

(1) Natural feature

The term "natural feature" means a feature that is created through the action of physical, geological, biological, and chemical processes over time.

(2) Nature-based feature

The term "nature-based feature" means a feature that is created by human design, engineering, and construction to provide risk reduction by acting in concert with natural processes.

(b) Requirement

In studying the feasibility of projects for flood risk management, hurricane and storm damage reduction, and ecosystem restoration the Secretary shall, with the consent of the non-Federal sponsor of the feasibility study, consider, as appropriate—

(1) natural features;

(2) nature-based features;

(3) nonstructural measures; and

(4) structural measures.

(c) Report to Congress

(1) In general

Not later than February 1, 2020, and 5 and 10 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the implementation of subsection (b).

(2) Contents

The report under paragraph (1) shall include, at a minimum, the following:

(A) A description of guidance or instructions issued, and other measures taken, by the Secretary and the Chief of Engineers to implement subsection (b).

(B) An assessment of the costs, benefits, impacts, and trade-offs associated with measures recommended by the Secretary for coastal risk reduction and the effectiveness of those measures.

(C) A description of any statutory, fiscal, or regulatory barriers to the appropriate consideration and use of a full array of measures for coastal risk reduction.

(Pub. L. 114–322, title I, §1184, Dec. 16, 2016, 130 Stat. 1679; Pub. L. 115–270, title I, §1149(b), Oct. 23, 2018, 132 Stat. 3787.)

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water Infrastructure Improvements for the Nation Act, also known as the WIIN Act, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2018—Subsec. (a)(2). Pub. L. 115–270 struck out "in coastal areas" after "risk reduction".

Statutory Notes and Related Subsidiaries

"Secretary" Defined

Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114–322, set out as a note under section 2201 of this title.
33 U.S.C. § 2307 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2307: Control of ice
Control of ice
Status: in_force

(a) Program authority

The Secretary shall undertake a program of research for the control of ice, and to assist communities in breaking up ice, which otherwise is likely to cause or aggravate flood damage or severe streambank erosion.

(b) Assistance to units of local government

The Secretary is further authorized to provide technical assistance to units of local government to implement local plans to control or break up such ice. As part of such authority, the Secretary shall acquire necessary ice-control or ice-breaking equipment, which shall be loaned to units of local government together with operating assistance, where appropriate.

(c) Authorization of appropriations

There is authorized to be appropriated $5,000,000 per fiscal year for each of the fiscal years 1988, 1989, 1990, 1991, and 1992 for purposes of carrying out subsections (a) and (b) of this section, such sums to remain available until expended.

(d) Hardwick, Vermont, demonstration program

To implement further the purposes of this section, the Secretary, in consultation and cooperation with local officials, is authorized and directed to undertake a demonstration program for the control of ice at Hardwick, Vermont. The work authorized by this subsection shall be designed to minimize the danger of flooding due to ice problems in the vicinity of such community. In the design, construction, and location of ice-control structures for this project, full consideration will be given to the recreational, scenic, and environmental values of the reach of river affected by the project, in order to minimize project impacts on these values. Full opportunity shall be given to interested environmental and recreational organizations to participate in such planning. There is authorized to be appropriated $900,000 for fiscal years beginning after September 30, 1986, for the purposes of carrying out this subsection, such sum to remain available until expended.

(e) Salmon, Idaho, experimental program

(1) The Secretary is directed to complete an experimental program placing screens in the Salmon River in the vicinity of Salmon, Idaho, to trap frazil ice, and thus to eliminate flooding caused by ice dams in the river. Within one year of November 17, 1986, the Secretary shall report to the Congress on the feasibility of such experiment, including consideration of any adverse environmental or social effects that could result from such experiment. If, in the Secretary's judgment, such experiment is not feasible or acceptable, the Secretary is authorized to consult with local public interests to develop a plan that is workable and practical, and then to submit such plan to Congress.

(2) There is authorized to be appropriated $1,000,000 for fiscal years beginning after September 30, 1986, for purposes of carrying out this subsection, such sum to remain available until expended.

(f) Wilmington, Illinois, project

(1) To implement further the purposes of this section, the Secretary shall carry out a project for the control of ice on the Kankakee River in the vicinity of Wilmington, Illinois. The Secretary shall report to Congress not later than one year after November 17, 1986, and annually thereafter on the effectiveness of the program under this section with respect to the Kankakee River in the vicinity of Wilmington, Illinois.

(2) There is authorized to be appropriated $3,000,000 for fiscal years beginning after September 30, 1986, for purposes of carrying out this subsection, such sum to remain available until expended.

(g) Cost sharing

Cost sharing applicable to flood control projects under section 2213 of this title shall apply to projects under this section.

(h) Report to Congress

Not later than March 1, 1989, the Secretary shall report to the Congress on activities under this section.

(Pub. L. 99–662, title XI, §1101, Nov. 17, 1986, 100 Stat. 4223.)

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsec. (f)(1) of this section relating to the requirement that the Secretary report annually to Congress on the effectiveness of the program under this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 71 of House Document No. 103–7.
33 U.S.C. § 3408 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 47: OCEAN EXPLORATION / Subchapter I: EXPLORATION / Section 3408: National Ocean Mapping, Exploration, and Characterization Council
National Ocean Mapping, Exploration, and Characterization Council
Status: in_force

(a) Establishment

The President shall establish a council, to be known as the "National Ocean Mapping, Exploration, and Characterization Council" (in this section referred to as the "Council").

(b) Purpose

The Council shall—

(1) update national priorities for ocean mapping, exploration, and characterization; and

(2) coordinate and facilitate activities to advance those priorities.

(c) Reporting

The Council shall report to the Ocean Science and Technology Subcommittee of the Ocean Policy Committee established under section 8932(c) of title 10.

(d) Membership

The Council shall be composed of senior-level representatives from the appropriate Federal agencies.

(e) Co-Chairs

The Council shall be co-chaired by—

(1) two senior-level representatives from the National Oceanic and Atmospheric Administration; and

(2) one senior-level representative from the Department of the Interior.

(f) Duties

The Council shall—

(1) set national ocean mapping, exploration, and characterization priorities and strategies;

(2) cultivate and facilitate transparent and sustained partnerships among Federal and State agencies, Indian Tribes, private industry, academia, and nongovernmental organizations to conduct ocean mapping, exploration, and characterization activities and related technology development;

(3) coordinate improved processes for data compilation, management, access, synthesis, and visualization with respect to ocean mapping, exploration, and characterization, with a focus on building on existing ocean data management systems and with appropriate safeguards on the public accessibility of data to protect national security equities, as appropriate;

(4) encourage education, workforce training, and public engagement activities that—

(A) advance interdisciplinary principles that contribute to ocean mapping, exploration, research, and characterization;

(B) improve public engagement with and understanding of ocean science; and

(C) provide opportunities for underserved populations;

(5) coordinate activities as appropriate with domestic and international ocean mapping, exploration, and characterization initiatives or programs; and

(6) establish and monitor metrics to track progress in achieving the priorities set under paragraph (1).

(g) Interagency Working Group on Ocean Exploration and Characterization

(1) Establishment

The President shall establish a new interagency working group to be known as the "Interagency Working Group on Ocean Exploration and Characterization".

(2) Membership

The Interagency Working Group on Ocean Exploration and Characterization shall be comprised of senior representatives from Federal agencies with ocean exploration and characterization responsibilities.

(3) Functions

The Interagency Working Group on Ocean Exploration and Characterization shall support the Council and the Ocean Science and Technology Subcommittee of the Ocean Policy Committee established under section 8932(c) of title 10 on ocean exploration and characterization activities and associated technology development across the Federal Government, State governments, Indian Tribes, private industry, nongovernmental organizations, and academia.

(h) Oversight

The Council shall oversee—

(1) the Interagency Working Group on Ocean Exploration and Characterization established under subsection (g)(1); and

(2) the Interagency Working Group on Ocean and Coastal Mapping under section 3502 of this title.

(i) Plan

(1) In general

Not later than 1 year after December 23, 2022, the Council shall develop or update and submit to the appropriate committees of Congress a plan for an integrated cross-sectoral ocean mapping, exploration, and characterization initiative.

(2) Elements

The plan required by paragraph (1) shall—

(A) discuss the utility and benefits of ocean exploration and characterization;

(B) identify and describe national ocean mapping, exploration, and characterization priorities;

(C) identify and describe Federal and federally funded ocean mapping, exploration, and characterization programs;

(D) facilitate and incorporate non-Federal input into national ocean mapping, exploration, and characterization priorities;

(E) ensure effective coordination of ocean mapping, exploration, and characterization activities among programs described in subparagraph (C);

(F) identify opportunities for combining overlapping or complementary needs, activities, and resources of Federal agencies and non-Federal organizations relating to ocean mapping, exploration, and characterization while not reducing benefits from existing mapping, explorations, and characterization activities;

(G) promote new and existing partnerships among Federal and State agencies, Indian Tribes, private industry, academia, and nongovernmental organizations to conduct or support ocean mapping, exploration, and characterization activities and technology development needs, including through coordination under section 4102 of this title and the National Oceanographic Partnership Program under section 8931 of title 10;

(H) develop a transparent and sustained mechanism for non-Federal partnerships and stakeholder engagement in strategic planning and mission execution to be implemented not later than December 31, 2023, for coordinating such activities with—

(i) institutions of higher education (as such term is defined in section 1001(a) of title 20, the private sector, philanthropic organizations, and nonprofits; and

(ii) international partners for activities relating to maritime areas (including the sea floor) beyond the jurisdiction of the Federal Government;

(I) establish standardized collection and data management protocols, including with respect to metadata, for ocean mapping, exploration, and characterization which—

(i) are publicly accessible and locatable via appropriate Federal repositories;

(ii) can facilitate the integration of ocean data into products and use innovations from non-Federal partners; and

(iii) have appropriate safeguards on the public accessibility of data to protect national security;

(J) encourage the development, testing, demonstration, and adoption of innovative ocean mapping, exploration, and characterization technologies and applications;

(K) promote protocols for accepting data, equipment, approaches, or other resources that support national ocean mapping, exploration, and characterization priorities;

(L) identify best practices for the protection of marine life during mapping, exploration, and characterization activities;

(M) identify training, technology, and other resource requirements for enabling the National Oceanic and Atmospheric Administration and other appropriate Federal agencies to support a coordinated national ocean mapping, exploration, and characterization effort;

(N) identify and facilitate a centralized mechanism or office for coordinating data collection, compilation, processing, archiving, and dissemination activities relating to ocean mapping, exploration, and characterization that meets Federal mandates for data accuracy and accessibility;

(O) designate repositories responsible for archiving and managing ocean mapping, exploration, and characterization data;

(P) set forth a timetable and estimated costs for implementation and completion of the plan;

(Q) to the extent practicable, align ocean exploration and characterization efforts with existing programs and identify key gaps; and

(R) identify criteria for determining the optimal frequency of observations; and

(S) provide recommendations, developed in coordination with the private sector, to improve incentives, access, and processes for the private sector to share ocean-related data with the public and Federal Government.

(j) Briefings

Not later than 1 year after December 23, 2022, and not less frequently than once every 2 years thereafter, the Council shall brief the appropriate committees of Congress on—

(1) progress made toward meeting the national priorities described in subsection (i)(2)(B); and

(2) recommendations for meeting such priorities, such as additional authorities that may be needed to develop a mechanism for non-Federal partnerships and stakeholder engagement described in subsection (i)(2)(H).

(k) Appropriate committees of Congress defined

In this section, the term "appropriate committees of Congress" means—

(1) the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate; and

(2) the Committee on Natural Resources, the Committee on Science, Space, and Technology, and the Committee on Armed Services of the House of Representatives.

(Pub. L. 117–263, div. J, title CIII, §10304, Dec. 23, 2022, 136 Stat. 3968.)

Editorial Notes

Codification

Section was enacted as part of James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Omnibus Public Land Management Act of 2009 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Findings

Pub. L. 117–263, div. J, title CIII, §10301, Dec. 23, 2022, 136 Stat. 3966, provided that: "Congress makes the following findings:

"(1) The health and resilience of the ocean are vital to the security and economy of the United States and to the lives of the people of the United States.

"(2) The United States depends on the ocean to regulate weather and climate, to sustain and protect the diversity of life, for maritime shipping, for national defense, and for food, energy, medicine, recreation, and other services essential to the people of the United States and all humankind.

"(3) The prosperity, security, and well-being of the United States depend on successful understanding and stewardship of the ocean.

"(4) Interdisciplinary cooperation and engagement among government agencies, research institutions, nongovernmental organizations, States, Indian Tribes, and the private sector are essential for successful stewardship of ocean and coastal environments, national economic growth, national security, and development of agile strategies that develop, promote, and use new technologies.

"(5) Ocean exploration can help the people of the United States understand how to be effective stewards of the ocean and serve as catalysts and enablers for other sectors of the economy.

"(6) Mapping, exploration, and characterization of the ocean provides basic, essential information to protect and restore the marine environment, stimulate economic activity, and provide security for the United States.

"(7) A robust national ocean exploration program engaging multiple Federal agencies, Indian Tribes, the private sector, nongovernmental organizations, and academia is—

"(A) essential to the interests of the United States and vital to its security and economy and the health and well-being of all people of the United States; and

"(B) critical to reestablish the United States at the forefront of global ocean exploration and stewardship."

Definitions

Pub. L. 117–263, div. J, title CIII, §10302, Dec. 23, 2022, 136 Stat. 3966, provided that: "In this title [see Tables for classification]:

"(1) Characterization.—The term 'characterization' means activities that provide comprehensive data and interpretations for a specific area of interest of the sea floor, sub-bottom, water column, or hydrologic features, including water masses and currents, in direct support of specific research, environmental protection, resource management, policymaking, or applied mission objectives.

"(2) Exploration.—The term 'exploration' means activities that provide—

"(A) a multidisciplinary view of an unknown or poorly understood area of the seafloor, sub-bottom, or water column; and

"(B) an initial assessment of the physical, chemical, geological, biological, archeological, or other characteristics of such an area.

"(3) Indian tribe.—The term 'Indian Tribe' has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

"(4) Mapping.—The term 'mapping' means activities that provide comprehensive data and information needed to understand seafloor characteristics, such as depth, topography, bottom type, sediment composition and distribution, underlying geologic structure, and benthic flora and fauna."
33 U.S.C. § 721 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 16: LIGHTHOUSES / Section 721: Repealed. Pub. L. 117-263, div. K, title CXVIII, §11808(a)(2), Dec. 23, 2022, 136 Stat. 4165
Repealed. Pub. L. 117-263, div. K, title CXVIII, §11808(a)(2), Dec. 23, 2022, 136 Stat. 4165
Status: repealed

Section, acts June 17, 1910, ch. 301, §4, 36 Stat. 537; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736; Aug. 16, 1937, ch. 665, §4, 50 Stat. 667, gave Commissioner of Lighthouses the power to settle damage claims up to $500.
33 U.S.C. § 1287 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 26: WATER POLLUTION PREVENTION AND CONTROL / Subchapter II: GRANTS FOR CONSTRUCTION OF TREATMENT WORKS / Section 1287: Authorization of appropriations
Authorization of appropriations
Status: in_force

There is authorized to be appropriated to carry out this subchapter, other than sections 1286(e), 1288 and 1289 of this title, for the fiscal year ending June 30, 1973, not to exceed $5,000,000,000, for the fiscal year ending June 30, 1974, not to exceed $6,000,000,000, and for the fiscal year ending June 30, 1975, not to exceed $7,000,000,000, and subject to such amounts as are provided in appropriation Acts, for the fiscal year ending September 30, 1977, $1,000,000,000 for the fiscal year ending September 30, 1978, $4,500,000,000 and for the fiscal years ending September 30, 1979, September 30, 1980, not to exceed $5,000,000,000; for the fiscal year ending September 30, 1981, not to exceed $2,548,837,000; and for the fiscal years ending September 30, 1982, September 30, 1983, September 30, 1984, and September 30, 1985, not to exceed $2,400,000,000 per fiscal year; and for each of the fiscal years ending September 30, 1986, September 30, 1987, and September 30, 1988, not to exceed $2,400,000,000; and for each of the fiscal years ending September 30, 1989, and September 30, 1990, not to exceed $1,200,000,000.

(June 30, 1948, ch. 758, title II, §207, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 839; amended Pub. L. 93–207, §1(3), Dec. 28, 1973, 87 Stat. 906; Pub. L. 95–217, §30, Dec. 27, 1977, 91 Stat. 1576; Pub. L. 97–35, title XVIII, §1801(a), Aug. 13, 1981, 95 Stat. 764; Pub. L. 97–117, §17, Dec. 29, 1981, 95 Stat. 1630; Pub. L. 100–4, title II, §211, Feb. 4, 1987, 101 Stat. 21.)

Editorial Notes

Amendments

1987—Pub. L. 100–4 inserted "; and for each of the fiscal years ending September 30, 1986, September 30, 1987, and September 30, 1988, not to exceed $2,400,000,000; and for each of the fiscal years ending September 30, 1989, and September 30, 1990, not to exceed $1,200,000,000" before period at end.

1981—Pub. L. 97–117 substituted "and for the fiscal years ending September 30, 1982, September 30, 1983, September 30, 1984, and September 30, 1985, not to exceed $2,400,000,000 per fiscal year" for "and for the fiscal year ending September 30, 1982, not to exceed $0, unless there is enacted legislation establishing an allotment formula for fiscal year 1982 construction grant funds and otherwise reforming the municipal sewage treatment construction grant program under this subchapter, in which case the authorization for fiscal year 1982 shall be an amount not to exceed $2,400,000,000".

Pub. L. 97–35 substituted provisions authorizing not to exceed $2,548,837,000 for fiscal year ending Sept. 30, 1981, and not to exceed $0 for the fiscal year ending Sept. 30, 1982, unless an allotment formula is enacted, in which case the authorization is not to exceed $2,400,000,000, for provisions authorizing not to exceed $5,000,000,000 for fiscal years ending Sept. 30, 1981 and 1982.

1977—Pub. L. 95–217 inserted "and subject to such amounts as are provided in appropriation Acts, for the fiscal year ending September 30, 1977, $1,000,000,000 for the fiscal year ending September 30, 1978, $4,500,000,000 and for the fiscal years ending September 30, 1979, September 30, 1980, September 30, 1981, and September 30, 1982, not to exceed $5,000,000,000 per fiscal year".

1973—Pub. L. 93–207 inserted reference to section 1286(e) of this title.

Statutory Notes and Related Subsidiaries

Additional Authorization of Appropriations

Pub. L. 94–369, title III, §301, July 22, 1976, 90 Stat. 1011, provided for authorization to carry out this subchapter, other than sections 1286, 1288, and 1289, for the fiscal year ending Sept. 30, 1977, not to exceed $700,000,000, which sum (subject to amounts provided in appropriation Acts) was to be allotted to each State listed in column 1 of table IV contained in House Public Works and Transportation Committee Print numbered 94–25 in accordance with the percentages provided for such State (if any) in column 5 of such table, and such sum to be in addition to, and not in lieu of, any funds otherwise authorized and to be available until expended.
33 U.S.C. § 574a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 574a: Training funds
Training funds
Status: in_force

(a) In general

The Secretary may include individuals not employed by the Department of the Army in training classes and courses offered by the Corps of Engineers in any case in which the Secretary determines that it is in the best interest of the Federal Government to include those individuals as participants.

(b) Expenses

(1) In general

An individual not employed by the Department of the Army attending a training class or course described in subsection (a) shall pay the full cost of the training provided to the individual.

(2) Payments

Payments made by an individual for training received under paragraph (1), up to the actual cost of the training—

(A) may be retained by the Secretary;

(B) shall be credited to an appropriations account used for paying training costs; and

(C) shall be available for use by the Secretary, without further appropriation, for training purposes.

(3) Excess amounts

Any payments received under paragraph (2) that are in excess of the actual cost of training provided shall be credited as miscellaneous receipts to the Treasury of the United States.

(Pub. L. 110–114, title II, §2016, Nov. 8, 2007, 121 Stat. 1076.)

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 this title.
33 U.S.C. § 1341 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 26: WATER POLLUTION PREVENTION AND CONTROL / Subchapter IV: PERMITS AND LICENSES / Section 1341: Certification
Certification
Status: in_force

(a) Compliance with applicable requirements; application; procedures; license suspension

(1) Any applicant for a Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters, shall provide the licensing or permitting agency a certification from the State in which the discharge originates or will originate, or, if appropriate, from the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate, that any such discharge will comply with the applicable provisions of sections 1311, 1312, 1313, 1316, and 1317 of this title. In the case of any such activity for which there is not an applicable effluent limitation or other limitation under sections 1311(b) and 1312 of this title, and there is not an applicable standard under sections 1316 and 1317 of this title, the State shall so certify, except that any such certification shall not be deemed to satisfy section 1371(c) of this title. Such State or interstate agency shall establish procedures for public notice in the case of all applications for certification by it and, to the extent it deems appropriate, procedures for public hearings in connection with specific applications. In any case where a State or interstate agency has no authority to give such a certification, such certification shall be from the Administrator. If the State, interstate agency, or Administrator, as the case may be, fails or refuses to act on a request for certification, within a reasonable period of time (which shall not exceed one year) after receipt of such request, the certification requirements of this subsection shall be waived with respect to such Federal application. No license or permit shall be granted until the certification required by this section has been obtained or has been waived as provided in the preceding sentence. No license or permit shall be granted if certification has been denied by the State, interstate agency, or the Administrator, as the case may be.

(2) Upon receipt of such application and certification the licensing or permitting agency shall immediately notify the Administrator of such application and certification. Whenever such a discharge may affect, as determined by the Administrator, the quality of the waters of any other State, the Administrator within thirty days of the date of notice of application for such Federal license or permit shall so notify such other State, the licensing or permitting agency, and the applicant. If, within sixty days after receipt of such notification, such other State determines that such discharge will affect the quality of its waters so as to violate any water quality requirements in such State, and within such sixty-day period notifies the Administrator and the licensing or permitting agency in writing of its objection to the issuance of such license or permit and requests a public hearing on such objection, the licensing or permitting agency shall hold such a hearing. The Administrator shall at such hearing submit his evaluation and recommendations with respect to any such objection to the licensing or permitting agency. Such agency, based upon the recommendations of such State, the Administrator, and upon any additional evidence, if any, presented to the agency at the hearing, shall condition such license or permit in such manner as may be necessary to insure compliance with applicable water quality requirements. If the imposition of conditions cannot insure such compliance such agency shall not issue such license or permit.

(3) The certification obtained pursuant to paragraph (1) of this subsection with respect to the construction of any facility shall fulfill the requirements of this subsection with respect to certification in connection with any other Federal license or permit required for the operation of such facility unless, after notice to the certifying State, agency, or Administrator, as the case may be, which shall be given by the Federal agency to whom application is made for such operating license or permit, the State, or if appropriate, the interstate agency or the Administrator, notifies such agency within sixty days after receipt of such notice that there is no longer reasonable assurance that there will be compliance with the applicable provisions of sections 1311, 1312, 1313, 1316, and 1317 of this title because of changes since the construction license or permit certification was issued in (A) the construction or operation of the facility, (B) the characteristics of the waters into which such discharge is made, (C) the water quality criteria applicable to such waters or (D) applicable effluent limitations or other requirements. This paragraph shall be inapplicable in any case where the applicant for such operating license or permit has failed to provide the certifying State, or, if appropriate, the interstate agency or the Administrator, with notice of any proposed changes in the construction or operation of the facility with respect to which a construction license or permit has been granted, which changes may result in violation of section 1311, 1312, 1313, 1316, or 1317 of this title.

(4) Prior to the initial operation of any federally licensed or permitted facility or activity which may result in any discharge into the navigable waters and with respect to which a certification has been obtained pursuant to paragraph (1) of this subsection, which facility or activity is not subject to a Federal operating license or permit, the licensee or permittee shall provide an opportunity for such certifying State, or, if appropriate, the interstate agency or the Administrator to review the manner in which the facility or activity shall be operated or conducted for the purposes of assuring that applicable effluent limitations or other limitations or other applicable water quality requirements will not be violated. Upon notification by the certifying State, or if appropriate, the interstate agency or the Administrator that the operation of any such federally licensed or permitted facility or activity will violate applicable effluent limitations or other limitations or other water quality requirements such Federal agency may, after public hearing, suspend such license or permit. If such license or permit is suspended, it shall remain suspended until notification is received from the certifying State, agency, or Administrator, as the case may be, that there is reasonable assurance that such facility or activity will not violate the applicable provisions of section 1311, 1312, 1313, 1316, or 1317 of this title.

(5) Any Federal license or permit with respect to which a certification has been obtained under paragraph (1) of this subsection may be suspended or revoked by the Federal agency issuing such license or permit upon the entering of a judgment under this chapter that such facility or activity has been operated in violation of the applicable provisions of section 1311, 1312, 1313, 1316, or 1317 of this title.

(6) Except with respect to a permit issued under section 1342 of this title, in any case where actual construction of a facility has been lawfully commenced prior to April 3, 1970, no certification shall be required under this subsection for a license or permit issued after April 3, 1970, to operate such facility, except that any such license or permit issued without certification shall terminate April 3, 1973, unless prior to such termination date the person having such license or permit submits to the Federal agency which issued such license or permit a certification and otherwise meets the requirements of this section.

(b) Compliance with other provisions of law setting applicable water quality requirements

Nothing in this section shall be construed to limit the authority of any department or agency pursuant to any other provision of law to require compliance with any applicable water quality requirements. The Administrator shall, upon the request of any Federal department or agency, or State or interstate agency, or applicant, provide, for the purpose of this section, any relevant information on applicable effluent limitations, or other limitations, standards, regulations, or requirements, or water quality criteria, and shall, when requested by any such department or agency or State or interstate agency, or applicant, comment on any methods to comply with such limitations, standards, regulations, requirements, or criteria.

(c) Authority of Secretary of the Army to permit use of spoil disposal areas by Federal licensees or permittees

In order to implement the provisions of this section, the Secretary of the Army, acting through the Chief of Engineers, is authorized, if he deems it to be in the public interest, to permit the use of spoil disposal areas under his jurisdiction by Federal licensees or permittees, and to make an appropriate charge for such use. Moneys received from such licensees or permittees shall be deposited in the Treasury as miscellaneous receipts.

(d) Limitations and monitoring requirements of certification

Any certification provided under this section shall set forth any effluent limitations and other limitations, and monitoring requirements necessary to assure that any applicant for a Federal license or permit will comply with any applicable effluent limitations and other limitations, under section 1311 or 1312 of this title, standard of performance under section 1316 of this title, or prohibition, effluent standard, or pretreatment standard under section 1317 of this title, and with any other appropriate requirement of State law set forth in such certification, and shall become a condition on any Federal license or permit subject to the provisions of this section.

(June 30, 1948, ch. 758, title IV, §401, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 877; amended Pub. L. 95–217, §§61(b), 64, Dec. 27, 1977, 91 Stat. 1598, 1599.)

Editorial Notes

Amendments

1977—Subsec. (a). Pub. L. 95–217 inserted reference to section 1313 of this title in pars. (1), (3), (4), and (5), struck out par. (6) which provided that no Federal agency be deemed an applicant for purposes of this subsection, and redesignated par. (7) as (6).
33 U.S.C. § 1475 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 28: POLLUTION CASUALTIES ON THE HIGH SEAS: UNITED STATES INTERVENTION / Section 1475: Consultation procedure
Consultation procedure
Status: in_force

Before taking any measure under section 1474 of this title, the Secretary shall—

(1) consult, through the Secretary of State, with other countries affected by the marine casualty, and particularly with the flag country of any ship involved;

(2) notify without delay the Administrator of the Environmental Protection Agency and any other persons known to the Secretary, or of whom he later becomes aware, who have interests which can reasonably be expected to be affected by any proposed measures; and

(3) consider any views submitted in response to the consultation or notification required by subsections (1) and (2) of this section.

(Pub. L. 93–248, §6, Feb. 5, 1974, 88 Stat. 9.)
33 U.S.C. § 2603 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 39: SHORE PROTECTION FROM MUNICIPAL OR COMMERCIAL WASTE / Subchapter I: SHORE PROTECTION / Section 2603: Waste handling practices
Waste handling practices
Status: in_force

(a) In general

(1) Loading

The owner or operator of the waste source shall take all reasonable steps to assure that all municipal or commercial waste is loaded onto a vessel in a manner that assures that waste deposited in coastal waters is minimized.

(2) Securing

The owner or operator of a vessel shall assure that all municipal or commercial waste loaded onto the vessel is secured by netting or other means to assure that waste will not be deposited into coastal waters during transport.

(3) Offloading

The owner or operator of the receiving facility shall take all reasonable steps to assure that any municipal or commercial waste is offloaded from a vessel in a manner that assures that waste deposited into coastal waters is minimized.

(4) Cleaning up

The owner or operator of any waste source or receiving facility shall provide adequate control measures to clean up any municipal or commercial waste which is deposited into coastal waters.

(b) Regulations

The Administrator, in consultation with the Secretary of Transportation, shall prescribe regulations—

(1) requiring that waste sources, receiving facilities, and vessels provide the means and facilities to assure that the waste will not be deposited into coastal waters during loading, offloading, and transport;

(2) requiring, as appropriate, the submission and adoption by each responsible party of an operation and maintenance manual identifying procedures to be used to prevent, report, and clean up any deposit of municipal or commercial waste into coastal waters, including record keeping requirements; and

(3) if the Administrator determines that tracking systems are required to assure adequate enforcement of laws preventing the deposit of municipal or commercial waste into coastal waters, requiring installation of the appropriate systems within 18 months after the Administrator makes that determination.

(Pub. L. 100–688, title IV, §4103, Nov. 18, 1988, 102 Stat. 4156.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 100–688, title IV, §4204(c), Nov. 18, 1988, 102 Stat. 4160, provided that: "Section 4103 of this Act [33 U.S.C. 2603] takes effect 60 days after the date of enactment of this Act [Nov. 18, 1988]."
33 U.S.C. § 1273 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 26: WATER POLLUTION PREVENTION AND CONTROL / Subchapter I: RESEARCH AND RELATED PROGRAMS / Section 1273: Lake Pontchartrain Basin
Lake Pontchartrain Basin
Status: in_force

(a) Establishment of restoration program

The Administrator shall establish within the Environmental Protection Agency the Lake Pontchartrain Basin Restoration Program.

(b) Purpose

The purpose of the program shall be to restore the ecological health of the Basin by developing and funding restoration projects and related scientific and public education projects.

(c) Duties

In carrying out the program, the Administrator shall—

(1) provide administrative and technical assistance to a management conference convened for the Basin under section 1330 of this title;

(2) assist and support the activities of the management conference, including the implementation of recommendations of the management conference;

(3) support environmental monitoring of the Basin and research to provide necessary technical and scientific information;

(4) develop a comprehensive research plan to address the technical needs of the program;

(5) coordinate the grant, research, and planning programs authorized under this section;

(6) collect and make available to the public publications, and other forms of information the management conference determines to be appropriate, relating to the environmental quality of the Basin; and

(7) ensure that the comprehensive conservation and management plan approved for the Basin under section 1330 of this title is reviewed and revised in accordance with section 1330 of this title not less often than once every 5 years, beginning on December 23, 2022.

(d) Grants

The Administrator may make grants to pay not more than 75 percent of the costs—

(1) for restoration projects and studies identified in the comprehensive conservation and management plan approved for the Basin under section 1330 of this title; and

(2) for public education projects recommended by the management conference.

(e) Definitions

In this section, the following definitions apply:

(1) Basin

The term "Basin" means the Lake Pontchartrain Basin, a 10,000 square mile watershed encompassing 16 parishes in the State of Louisiana and 4 counties in the State of Mississippi.

(2) Program

The term "program" means the Lake Pontchartrain Basin Restoration Program established under subsection (a).

(f) Authorization of appropriations

(1) In general

There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2001 through 2012 and the amount appropriated for fiscal year 2009 for each of fiscal years 2013 through 2017. Such sums shall remain available until expended.

(2) Public education projects

Not more than 15 percent of the amount appropriated pursuant to paragraph (1) in a fiscal year may be expended on grants for public education projects under subsection (d)(2).

(3) Administrative expenses

Not more than 5 percent of the amounts appropriated to carry out this section may be used for administrative expenses.

(June 30, 1948, ch. 758, title I, §121, as added Pub. L. 106–457, title V, §502, Nov. 7, 2000, 114 Stat. 1973; amended Pub. L. 109–392, §1, Dec. 12, 2006, 120 Stat. 2703; Pub. L. 112–237, §1, Dec. 28, 2012, 126 Stat. 1628; Pub. L. 117–263, div. H, title LXXXV, §8501(c), Dec. 23, 2022, 136 Stat. 3856.)

Editorial Notes

Prior Provisions

Another section 121 of act June 30, 1948, was renumbered section 122 and is classified to section 1274 of this title.

Amendments

2022—Subsec. (c)(7). Pub. L. 117–263, §8501(c)(1)(A), added par. (7).

Subsec. (d)(1). Pub. L. 117–263, §8501(c)(1)(B), substituted "identified in the comprehensive conservation and management plan approved for the Basin under section 1330 of this title" for "recommended by a management conference convened for the Basin under section 1330 of this title".

Subsec. (e)(1). Pub. L. 117–263, §8501(c)(2), substituted "10,000 square mile" for "5,000 square mile".

Subsec. (f)(3). Pub. L. 117–263, §8501(c)(3), added par (3).

2012—Subsec. (d). Pub. L. 112–237, §1(1), inserted "to pay not more than 75 percent of the costs" after "make grants" in introductory provisions.

Subsec. (f)(1). Pub. L. 112–237, §1(2), substituted "2012 and the amount appropriated for fiscal year 2009 for each of fiscal years 2013 through 2017" for "2011".

2006—Subsec. (f)(1). Pub. L. 109–392 substituted "2011" for "2005".

Statutory Notes and Related Subsidiaries

Management Conference

Pub. L. 110–114, title V, §5084, Nov. 8, 2007, 121 Stat. 1228, provided that: "For purposes of carrying out section 121 of the Federal Water Pollution Control Act (33 U.S.C. 1273), the Lake Pontchartrain, Louisiana, basin stakeholders conference convened by the Environmental Protection Agency, National Oceanic and Atmospheric Administration, and United States Geological Survey on February 25, 2002, shall be treated as being a management conference convened under section 320 of such Act (33 U.S.C. 1330)."
33 U.S.C. § 3061 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 43: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS / Subchapter IV: SERVICE OF OFFICERS WITH THE MILITARY DEPARTMENTS / Section 3061: Cooperation with and transfer to military departments
Cooperation with and transfer to military departments
Status: in_force

(a) Transfers of resources and officers during national emergency

(1) Transfers authorized

The President may, whenever in the judgment of the President a sufficient national emergency exists, transfer to the service and jurisdiction of a military department such vessels, equipment, stations, and officers of the Administration as the President considers to be in the best interest of the country.

(2) Responsibility for funding of transferred resources and officers

After any such transfer all expenses connected therewith shall be defrayed out of the appropriations for the department to which the transfer is made.

(3) Return of transferred resources and officers

Such transferred vessels, equipment, stations, and officers shall be returned to the Administration when the national emergency ceases, in the opinion of the President.

(4) Rule of construction

Nothing in this section shall be construed as transferring the Administration or any of its functions from the Department of Commerce except in time of national emergency and to the extent provided in this section.

(b) Limitation on transfer of officers

This section does not authorize the transfer of an officer of the Administration to a military department if the accession or retention of that officer in that military department is otherwise not authorized by law.

(c) Status of transferred officers

An officer of the Administration transferred under this section, shall, while under the jurisdiction of a military department, have proper military status and shall be subject to the laws, regulations, and orders for the government of the Army, Navy, or Air Force, as the case may be, insofar as the same may be applicable to persons whose retention permanently in the military service of the United States is not contemplated by law.

(Pub. L. 107–372, title II, §251, Dec. 19, 2002, 116 Stat. 3090.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 855 of this title prior to repeal by Pub. L. 107–372.

Executive Documents

Delegation of Functions

Functions of President under this section delegated to Secretary of Commerce by section 1(k) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President.
33 U.S.C. § 889 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 17: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION / Subchapter II: SURVEYS / Section 889: Repealed. June 21, 1955, ch. 172, §5(5), 69 Stat. 170
Repealed. June 21, 1955, ch. 172, §5(5), 69 Stat. 170
Status: repealed

Section 889, acts Mar. 4, 1909, ch. 313, §1, 35 Stat. 1064; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, authorized cooperation with North Carolina State Fish Commission in survey of waters of State.

Section 890, acts Mar. 4, 1909, ch. 313, §2, 35 Stat. 1065; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, provided for marking triangulation points of North Carolina survey.
33 U.S.C. § 2238 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter II: HARBOR DEVELOPMENT / Section 2238: Authorization of appropriations
Authorization of appropriations
Status: in_force

(a) Trust fund

There are authorized to be appropriated out of the Harbor Maintenance Trust Fund, established by section 9505 of title 26, for each fiscal year such sums as may be necessary to pay—

(1) 100 percent of the eligible operations and maintenance costs of those portions of the Saint Lawrence Seaway operated and maintained by the Great Lakes St. Lawrence Seaway Development Corporation for such fiscal year; and

(2) up to 100 percent of the eligible operations and maintenance costs assigned to commercial navigation of all harbors and inland harbors within the United States.

(b) General fund

There are authorized to be appropriated out of the general fund of the Treasury of the United States for each fiscal year such sums as may be necessary to pay the balance of all eligible operations and maintenance costs not provided by payments from the Harbor Maintenance Trust Fund under this section.

(c) Operation and maintenance of harbor projects

(1) In general

To the maximum extent practicable, the Secretary shall make expenditures to pay for operation and maintenance costs of the harbors and inland harbors referred to in subsection (a)(2), including expenditures of funds appropriated from the Harbor Maintenance Trust Fund, based on an equitable allocation of funds among all such harbors and inland harbors.

(2) Criteria

(A) In general

In determining an equitable allocation of funds under paragraph (1), the Secretary shall—

(i) consider the information obtained in the assessment conducted under subsection (e);

(ii) consider the national and regional significance of harbor operations and maintenance; and

(iii) as appropriate, consider national security and military readiness needs.

(B) Limitation

The Secretary shall not allocate funds under paragraph (1) based solely on the tonnage transiting through a harbor.

(3) Emerging harbor projects

(A) Allocation

Notwithstanding any other provision of this subsection, in making expenditures under paragraph (1) for each fiscal year, the Secretary shall allocate for operation and maintenance costs of emerging harbor projects an amount that is not less than 10 percent of the funds made available under this section for fiscal year 2012 to pay the costs described in subsection (a)(2).

(B) Additional uses at emerging harbors

(i) Uses

In each fiscal year, the Secretary may use not more than $5,000,000 of funds allocated for emerging harbor projects under paragraph (1) to pay for the costs of up to 10 projects for maintenance dredging of a marina or berthing area, in an emerging harbor, that includes an area that is located adjacent to, or is accessible by, a Federal navigation project, subject to clauses (ii) and (iii) of this subparagraph.

(ii) Eligible emerging harbors

The Secretary may use funds as authorized under clause (i) at an emerging harbor that—

(I) supports commercial activities, including commercial fishing operations, commercial fish processing operations, recreational and sport fishing, and commercial boat yards; or

(II) supports activities of the Secretary of the department in which the Coast Guard is operating.

(iii) Cost-sharing requirements

The Secretary shall require a non-Federal interest to contribute not less than 25 percent of the costs for maintenance dredging of that portion of a maintenance dredging project described in clause (i) that is located outside of the Federal navigation project, which may be provided as an in-kind contribution, including through the use of dredge equipment owned by non-Federal interest to carry out such activities.

(4) Management of Great Lakes Navigation System

To sustain effective and efficient operation and maintenance of the Great Lakes Navigation System, including any navigation feature in the Great Lakes that is a Federal responsibility with respect to operation and maintenance, the Secretary shall manage all of the individually authorized projects in the Great Lakes Navigation System as components of a single, comprehensive system, recognizing the interdependence of the projects.

(d) Prioritization

(1) Priority

(A) In general

For each fiscal year, if priority funds are available, the Secretary shall use at least 10 percent of such funds for emerging harbor projects.

(B) Additional considerations

For each fiscal year, of the priority funds available, the Secretary shall use—

(i) not less than 5 percent of such funds for underserved harbor projects; and

(ii) not less than 10 percent of such funds for projects that are located within the Great Lakes Navigation System.

(C) Underserved harbors

In determining which underserved harbor projects shall receive funds under this paragraph, the Secretary shall consider—

(i) the total quantity of commerce supported by the water body on which the project is located; and

(ii) the minimum width and depth that—

(I) would be necessary at the underserved harbor project to provide sufficient clearance for fully loaded commercial vessels using the underserved harbor project to maneuver safely; and

(II) does not exceed the constructed width and depth of the authorized navigation project.

(2) Expanded uses

(A) Definition of eligible harbor or inland harbor defined

In this paragraph, the term "eligible harbor or inland harbor" means a harbor or inland harbor at which the total amount of harbor maintenance taxes collected in the immediately preceding 3 fiscal years exceeds the value of the work carried out for the harbor or inland harbor using amounts from the Harbor Maintenance Trust Fund during those 3 fiscal years.

(B) Use of expanded uses funds

(i) Fiscal years 2015 through 2024

For each of fiscal years 2015 through 2024, of the priority funds available, the Secretary shall use not less than 10 percent of such funds for expanded uses carried out at an eligible harbor or inland harbor.

(ii) Subsequent fiscal years

For fiscal year 2025 and each fiscal year thereafter, the Secretary shall use not less than 10 percent of the priority funds available for expanded uses carried out at an eligible harbor or inland harbor.

(C) Prioritization

In allocating funds under this paragraph, the Secretary shall give priority to projects at eligible harbors or inland harbors for which the difference, calculated in dollars, is greatest between—

(i) the total amount of funding made available for projects at that eligible harbor or inland harbor from the Harbor Maintenance Trust Fund in the immediately preceding 3 fiscal years; and

(ii) the total amount of harbor maintenance taxes collected at that harbor or inland harbor in the immediately preceding 3 fiscal years.

(3) Remaining funds

(A) In general

For each of fiscal years 2015 through 2024, if after fully funding all projects eligible for funding under paragraphs (1)(B) and (2)(B)(i), priority funds made available under those paragraphs remain unobligated, the Secretary shall use those remaining funds to pay for operation and maintenance costs of any harbor or inland harbor referred to in subsection (a)(2) based on an equitable allocation of those funds among the harbors and inland harbors.

(B) Criteria

In determining an equitable allocation of funds under subparagraph (A), the Secretary shall—

(i) use the criteria specified in subsection (c)(2)(A); and

(ii) make amounts available in accordance with the requirements of paragraph (1)(A).

(4) Emergency expenditures

Nothing in this subsection prohibits the Secretary from making an expenditure to pay for the operation and maintenance costs of a specific harbor or inland harbor, including the transfer of funding from the operation and maintenance of a separate project, if—

(A) the Secretary determines that the action is necessary to address the navigation needs of a harbor or inland harbor where safe navigation has been severely restricted due to an unforeseen event; and

(B) the Secretary provides within 90 days of the action notice and information on the need for the action to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives.

(e) Assessment of harbors and inland harbors

(1) In general

Not later than 270 days after June 10, 2014, and biennially thereafter, the Secretary shall assess, and issue a report to Congress on, the operation and maintenance needs and uses of the harbors and inland harbors referred to in subsection (a)(2).

(2) Assessment of harbor needs and activities

(A) Total operation and maintenance needs of harbors

In carrying out paragraph (1), the Secretary shall identify—

(i) the total future costs required to achieve and maintain the constructed width and depth for the harbors and inland harbors referred to in subsection (a)(2); and

(ii) the total expected costs for uses described in subsection (c)(3)(B) and expanded uses at eligible harbors or inland harbors referred to in subsection (d)(2).

(B) Uses of harbors and inland harbors

In carrying out paragraph (1), the Secretary shall identify current uses (and, to the extent practicable, assess the national, regional, and local benefits of such uses) of harbors and inland harbors referred to in subsection (a)(2), including the use of those harbors for—

(i) commercial navigation, including the movement of goods;

(ii) domestic trade;

(iii) international trade;

(iv) commercial fishing;

(v) subsistence, including use by Indian tribes (as defined in section 5304 of title 25) for subsistence and ceremonial purposes;

(vi) use as a harbor of refuge;

(vii) transportation of persons;

(viii) purposes relating to domestic energy production, including the fabrication, servicing, or supply of domestic offshore energy production facilities;

(ix) activities of the Secretary of the department in which the Coast Guard is operating;

(x) activities of the Secretary of the Navy;

(xi) public health and safety related equipment for responding to coastal and inland emergencies;

(xii) recreation purposes; and

(xiii) other authorized purposes.

(C) Opportunities for beneficial use of dredged materials

In carrying out paragraph (1), the Secretary shall identify potential opportunities for the beneficial use of dredged materials obtained from harbors and inland harbors referred to in subsection (a)(2), including projects eligible under section 1122 of the Water Resources Development Act of 2016 (130 Stat. 1645; 33 U.S.C. 2326 note 1).

(f) Definitions

In this section:

(1) Constructed width and depth

The term "constructed width and depth" means the width and depth to which a project has been constructed, which may not exceed the authorized width and depth of the project.

(2) Emerging harbor

The term "emerging harbor" means a harbor or inland harbor referred to in subsection (a)(2) that transits less than 1,000,000 tons of cargo annually.

(3) Emerging harbor project

The term "emerging harbor project" means a project that is assigned to an emerging harbor.

(4) Expanded uses

The term "expanded uses" means the following activities:

(A) The maintenance dredging of a berth in a harbor that is accessible to a Federal navigation project and that benefits commercial navigation at the harbor.

(B) The maintenance dredging and disposal of legacy-contaminated sediment, and sediment unsuitable for open water disposal, if—

(i) such dredging and disposal benefits commercial navigation at the harbor; and

(ii) such sediment is located in and affects the maintenance of a Federal navigation project or is located in a berth that is accessible to a Federal navigation project.

(C) An in-water improvement, if the improvement—

(i) is for the seismic reinforcement of a wharf or other berthing structure, or the repair or replacement of a deteriorating wharf or other berthing structure, at a port facility;

(ii) benefits commercial navigation at the harbor; and

(iii) is located in, or adjacent to, a berth that is accessible to a Federal navigation project.

(D) An activity to maintain slope stability at a berth in a harbor that is accessible to a Federal navigation project if such activity benefits commercial navigation at the harbor.

(5) Great Lakes Navigation System

The term "Great Lakes Navigation System" includes—

(A)(i) Lake Superior;

(ii) Lake Huron;

(iii) Lake Michigan;

(iv) Lake Erie; and

(v) Lake Ontario;

(B) all connecting waters between the lakes referred to in subparagraph (A) used for commercial navigation;

(C) any navigation features in the lakes referred to in subparagraph (A) or waters described in subparagraph (B) that are a Federal operation or maintenance responsibility; and

(D) areas of the Saint Lawrence River that are operated or maintained by the Federal Government for commercial navigation.

(6) Harbor maintenance tax

The term "harbor maintenance tax" means the amounts collected under section 4461 of title 26.

(7) Moderate-use harbor project

The term "moderate-use harbor project" means a project that is assigned to a harbor or inland harbor referred to in subsection (a)(2) that transits annually—

(A) more than 1,000,000 tons of cargo; but

(B) less than 10,000,000 tons of cargo.

(8) Priority funds

The term "priority funds" means the difference between—

(A) the total funds that are made available under this section to pay the costs described in subsection (a)(2) for a fiscal year; and

(B) the total funds made available under this section to pay the costs described in subsection (a)(2) in fiscal year 2012.

(9) Underserved harbor project

(A) In general

The term "underserved harbor project" means a project that is assigned to a harbor or inland harbor referred to in subsection (a)(2)—

(i) that is a moderate-use harbor project or an emerging harbor project;

(ii) that has been maintained at less than the constructed width and depth of the project during each of the preceding 6 fiscal years; and

(iii) for which State and local investments in infrastructure have been made at those projects during the preceding 6 fiscal years.

(B) Administration

For purposes of this paragraph, State and local investments in infrastructure shall include infrastructure investments made using amounts made available for activities under section 5305(a)(9) of title 42.

(Pub. L. 99–662, title II, §210, Nov. 17, 1986, 100 Stat. 4106; Pub. L. 101–640, title III, §316, Nov. 28, 1990, 104 Stat. 4641; Pub. L. 113–121, title II, §2102(a), June 10, 2014, 128 Stat. 1273; Pub. L. 114–322, title I, §§1103, 1107, 1114, Dec. 16, 2016, 130 Stat. 1633, 1634, 1638; Pub. L. 115–270, title I, §1216, Oct. 23, 2018, 132 Stat. 3810; Pub. L. 116–260, div. AA, title I, §102(b), title V, §512(c)(5)(B), Dec. 27, 2020, 134 Stat. 2619, 2756; Pub. L. 118–272, div. A, title II, §1206(d)(1), Jan. 4, 2025, 138 Stat. 3077.)

Editorial Notes

References in Text

Section 1122 of the Water Resources Development Act of 2016, referred to in subsec. (e)(2)(C), is section 1122 of Pub. L. 114–322, title I, §1122, Dec. 16, 2016, 130 Stat. 1645. Subsecs. (a) to (h) of section 1122, which was formerly set out as a note under section 2326 of this title, was transferred to section 2326i of this title. Subsec. (i) of section 1122 amended section 2326 of this title. Subsec. (j) of section 1122 amended section 1962d–5f of Title 42, The Public Health and Welfare.

Amendments

2025—Subsec. (e)(3). Pub. L. 118–272 struck out par. (3) which related to report to Congress with respect to harbors and inland harbors referred to in subsection (a)(2).

2020—Subsec. (a)(1). Pub. L. 116–260, §512(c)(5)(B), substituted "Great Lakes St. Lawrence Seaway Development Corporation" for "Saint Lawrence Seaway Development Corporation".

Subsec. (c)(3). Pub. L. 116–260, §102(b)(1), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).

Subsec. (e)(2)(A)(ii). Pub. L. 116–260, §102(b)(2), inserted "uses described in subsection (c)(3)(B) and" after "costs for".

Subsec. (f)(2), (3). Pub. L. 116–260, §102(b)(3)(C), added pars. (2) and (3) and struck out former par. (2) which defined "emerging harbor project".

Subsec. (f)(4). Pub. L. 116–260, §102(b)(3)(B), redesignated par. (3) as (4) and added subpars. (C) and (D). Former par. (4) redesignated (5).

Subsec. (f)(4)(C), (D). Pub. L. 116–260, §102(b)(3)(D), added subpars. (C) and (D).

Subsec. (f)(5). Pub. L. 116–260, §102(b)(3)(B), redesignated par. (4) as (5). Former par. (5) redesignated (6).

Subsec. (f)(6). Pub. L. 116–260, §102(b)(3)(A), (B), redesignated par. (5) as (6) and struck out former par. (6) which defined "high-use harbor project".

2018—Subsec. (e)(1). Pub. L. 115–270, §1216(1), substituted "shall assess, and issue a report to Congress on, the" for "shall assess the".

Subsec. (e)(2)(C). Pub. L. 115–270, §1216(2), added subpar. (C).

2016—Subsec. (c)(3). Pub. L. 114–322, §1103(1), substituted "for each fiscal year" for "for each of fiscal years 2015 through 2022".

Subsec. (d)(1)(A). Pub. L. 114–322, §1103(2), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: "For each of fiscal years 2015 through 2024, if priority funds are available, the Secretary shall use the priority funds as follows:

"(i) 90 percent of the priority funds shall be used for high- and moderate-use harbor projects.

"(ii) 10 percent of the priority funds shall be used for emerging harbor projects."

Subsec. (d)(1)(B). Pub. L. 114–322, §1107, substituted "For each fiscal year" for "For each of fiscal years 2015 through 2024" in introductory provisions.

Subsec. (e)(3)(B), (C). Pub. L. 114–322, §1114, added subpar. (B) and redesignated former subpar. (B) as (C).

2014—Subsecs. (c) to (f). Pub. L. 113–121 added subsecs. (c) to (f).

1990—Subsec. (a)(2). Pub. L. 101–640 substituted "up to 100 percent" for "not more than 40 percent".

Statutory Notes and Related Subsidiaries

Emerging Harbors

Pub. L. 118–272, div. A, title I, §1129, Jan. 4, 2025, 138 Stat. 3018, provided that:

"Not later than 90 days after the date of enactment of this Act [Jan. 4, 2025], the Secretary [of the Army] shall—

"(1) issue guidance for the purpose of carrying out section 210(c)(3)(B) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(c)(3)(B)); and

"(2) develop a mechanism to accept the non-Federal share of funds from a non-Federal interest for maintenance dredging carried out under such section."

Annual Report on Harbor Maintenance Needs and Trust Fund Expenditures

Pub. L. 118–272, div. A, title II, §1206(a)–(c), Jan. 4, 2025, 138 Stat. 3076, 3077, provided that:

"(a) In General.—On the date on which the budget of the President is submitted to Congress pursuant to section 1105 of title 31, United States Code, for fiscal year 2026, and for each fiscal year thereafter, the Secretary [of the Army] shall submit 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 describing—

"(1) with respect to the fiscal year for which the budget is submitted, the operation and maintenance costs associated with harbors and inland harbors described in section 210(a)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(a)(2)), including a description of the costs required to achieve and maintain the constructed width and depth for such harbors and inland harbors and the costs for expanded uses at eligible harbors and inland harbors (as defined in section 210(d)(2) of such Act [33 U.S.C. 2238(d)(2)]), on a project-by-project basis;

"(2) as of the date on which the report is submitted, expenditures and deposits into the Harbor Maintenance Trust Fund established under section 9505 of the Internal Revenue Code of 1986 [26 U.S.C. 9505];

"(3) an identification of the amount of funding requested in the budget of the President for the operation and maintenance costs associated with such harbors and inland harbors, on a project-by-project basis;

"(4) an explanation of how the amount of funding described in paragraph (2) complies with the requirements of section 102 [probably should be "102(a)"] of the Water Resources Development Act of 2020 [div. AA of Pub. L. 116–260] (33 U.S.C. 2238 note);

"(5) an identification of the unmet operation and maintenance needs associated with such harbors and inland harbors, on a project-by-project basis, that remains after accounting for the amount identified under paragraph (3); and

"(6) a description of deposits made into the Harbor Maintenance Trust Fund in the fiscal year preceding the fiscal year of the applicable budget submission and the sources of such deposits.

"(b) Additional Requirement.—In the first report required to be submitted under subsection (a), the Secretary shall identify, to the maximum extent practicable, transportation cost savings realized by achieving and maintaining the constructed width and depth for the harbors and inland harbors described in section 210(a)(2) of the Water Resources Development Act of 1986 [33 U.S.C. 2238(a)(2)], on a project-by-project basis.

"(c) Public Availability.—The Secretary shall make the report submitted under subsection (a) publicly available, including on a publicly available website."

Criteria for Funding Operation and Maintenance of Small, Remote, and Subsistence Harbors

Pub. L. 117–263, div. H, title LXXXI, §8131, Dec. 23, 2022, 136 Stat. 3718, provided that:

"(a) In General.—Not later than 180 days after the date of enactment of this Act [Dec. 23, 2022], the Secretary [of the Army] shall develop specific criteria for the annual evaluation and ranking of maintenance dredging requirements for small harbors and remote and subsistence harbors, taking into account the following:

"(1) The contribution of a harbor to the local and regional economy.

"(2) The extent to which a harbor has deteriorated since the last cycle of maintenance dredging.

"(3) Public safety concerns.

"(b) Inclusion in Guidance.—The Secretary shall include the criteria developed under subsection (a) in the annual Civil Works Direct Program Development Policy Guidance of the Secretary.

"(c) Report to Congress.—The Secretary shall include in each biennial report submitted under section 210(e)(3) of the Water Resources Development Act of 1986 ([former] 33 U.S.C. 2238(e)(3)) a ranking of projects in accordance with the criteria developed under subsection (a) of this section.

"(d) Definitions.—In this section:

"(1) Remote and subsistence harbor.—The term 'remote and subsistence harbor' means a harbor with respect to which section 2006 of the Water Resources Development Act of 2007 (33 U.S.C. 2242) applies, as determined by the Secretary [of the Army].

"(2) Small harbor.—The term 'small harbor' includes an emerging harbor, as such term is defined in section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238)."

Authorization of Appropriations for Navigation

Pub. L. 116–260, div. AA, title I, §102(a), Dec. 27, 2020, 134 Stat. 2618, provided that:

"(1) In general.—In carrying out subsection (c) of section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238), for each fiscal year, of the funds made available under such section (including funds appropriated from the Harbor Maintenance Trust Fund), the Secretary [of the Army] shall, to the extent practicable, unless otherwise directed in an Act making appropriations for the Corps of Engineers, make expenditures to pay for operation and maintenance costs of the harbors and inland harbors referred to in subsection (a)(2) of such section, to the extent there are identifiable operations and maintenance needs, of—

"(A) not less than 15 percent of such funds for emerging harbor projects, including eligible breakwater and jetty needs at such harbor projects;

"(B) not less than 13 percent of such funds for projects that are located within the Great Lakes Navigation System;

"(C) 12 percent of such funds for expanded uses carried out at donor ports and energy transfer ports, of which—

"(i) 1/3 shall be provided to energy transfer ports; and

"(ii) 2/3 shall be provided to donor ports;

"(D) not less than 17 percent of such funds for projects that are assigned to commercial strategic seaports; and

"(E) any remaining funds for operation and maintenance costs of any harbor or inland harbor referred to in such subsection (a)(2) [33 U.S.C. 2238(a)(2)] based on an equitable allocation of such funds among such harbors and inland harbors, in accordance with subsection (c)(1) of such section 210 [33 U.S.C. 2238(c)(1)].

"(2) Definitions.—In this subsection:

"(A) Commercial strategic seaport.—The term 'commercial strategic seaport' means a commercial harbor supporting the coordination of efficient port operations during peacetime and national defense emergencies that is designated as strategic through the National Port Readiness Network.

"(B) Donor port; energy transfer port.—The terms 'donor port' and 'energy transfer port' have the meanings given those terms in section 2106 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238c).

"(C) Emerging harbor project; great lakes navigation system.—The terms 'emerging harbor project' and 'Great Lakes Navigation System' have the meanings given those terms in section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238).

"(3) Effective date.—This subsection shall take effect on October 1, 2022."

Guidance

Pub. L. 113–121, title II, §2102(d), as added by Pub. L. 114–322, title I, §1112, Dec. 16, 2016, 130 Stat. 1637, provided that: "Not later than 90 days after the date of enactment of the Water Resources Development Act of 2016 [Dec. 16, 2016], the Secretary [of the Army] shall publish on the website of the Corps of Engineers guidance on the implementation of this section [amending this section, section 2211 of this title, and section 9505 of Title 26, Internal Revenue Code] and the amendments made by this section."

1 See References in Text note below.
33 U.S.C. § 652 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 13: MISSISSIPPI RIVER COMMISSION / Section 652: Upper Mississippi River Management
Upper Mississippi River Management
Status: in_force

(a) Short title; Congressional declaration of intent

(1) This section may be cited as the "Upper Mississippi River Management Act of 1986".

(2) To ensure the coordinated development and enhancement of the Upper Mississippi River system, it is hereby declared to be the intent of Congress to recognize that system as a nationally significant ecosystem and a nationally significant commercial navigation system. Congress further recognizes that the system provides a diversity of opportunities and experiences. The system shall be administered and regulated in recognition of its several purposes.

(b) Definitions

For purposes of this section—

(1) the terms "Upper Mississippi River system" and "system" mean those river reaches having commercial navigation channels on the Mississippi River main stem north of Cairo, Illinois; the Minnesota River, Minnesota; Black River, Wisconsin; Saint Croix River, Minnesota and Wisconsin; Illinois River and Waterway, Illinois; and Kaskaskia River, Illinois;

(2) the term "Master Plan" means the comprehensive master plan for the management of the Upper Mississippi River system, dated January 1, 1982, prepared by the Upper Mississippi River Basin Commission and submitted to Congress pursuant to Public Law 95–502;

(3) the term "GREAT I, GREAT II, and GRRM studies" means the studies entitled "GREAT Environmental Action Team—GREAT I—A Study of the Upper Mississippi River", dated September 1980, "GREAT River Environmental Action Team—GREAT II—A Study of the Upper Mississippi River", dated December 1980, and "GREAT River Resource Management Study", dated September 1982; and

(4) the term "Upper Mississippi River Basin Association" means an association of the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, formed for the purposes of cooperative effort and united assistance in the comprehensive planning for the use, protection, growth, and development of the Upper Mississippi River System.

(c) Congressional approval of Master Plan

(1) Congress hereby approves the Master Plan as a guide for future water policy on the Upper Mississippi River system. Such approval shall not constitute authorization of any recommendation contained in the Master Plan.

(2) Omitted.

(d) Cooperative effort and mutual assistance among States

(1) The consent of the Congress is hereby given to the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, or any two or more of such States, to enter into negotiations for agreements, not in conflict with any law of the United States, for cooperative effort and mutual assistance in the comprehensive planning for the use, protection, growth, and development of the Upper Mississippi River system, and to establish such agencies, joint or otherwise, or designate an existing multi-State entity, as they may deem desirable for making effective such agreements. To the extent required by Article I, section 10 of the Constitution, such agreements shall become final only after ratification by an Act of Congress.

(2) The Secretary is authorized to enter into cooperative agreements with the Upper Mississippi River Basin Association or any other agency established under paragraph (1) of this subsection to promote and facilitate active State government participation in the river system management, development, and protection.

(3) For the purpose of ensuring the coordinated planning and implementation of programs authorized in subsections (e) and (h)(2) of this section, the Secretary shall enter into an interagency agreement with the Secretary of the Interior to provide for the direct participation of, and transfer of funds to, the Fish and Wildlife Service and any other agency or bureau of the Department of the Interior for the planning, design, implementation, and evaluation of such programs.

(4) The Upper Mississippi River Basin Association or any other agency established under paragraph (1) of this subsection is hereby designated by Congress as the caretaker of the master plan. Any changes to the master plan recommended by the Secretary shall be submitted to such association or agency for review. Such association or agency may make such comments with respect to such recommendations and offer other recommended changes to the master plan as such association or agency deems appropriate and shall transmit such comments and other recommended changes to the Secretary. The Secretary shall transmit such recommendations along with the comments and other recommended changes of such association or agency to the Congress for approval within 90 days of the receipt of such comments or recommended changes.

(e) Program authority

(1) Authority.—

(A) In general.—The Secretary, in consultation with the Secretary of the Interior and the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, may undertake, as identified in the master plan—

(i) a program for the planning, construction, and evaluation of measures for fish and wildlife habitat rehabilitation and enhancement; and

(ii) implementation of a long-term resource monitoring, computerized data inventory and analysis, and applied research program, including research on water quality issues affecting the Mississippi River (including elevated nutrient levels) and the development of remediation strategies.

(B) Advisory committee.—In carrying out subparagraph (A)(i), the Secretary shall establish an independent technical advisory committee to review projects, monitoring plans, and habitat and natural resource needs assessments.

(2) Reports.—Not later than December 31, 2004, and not later than December 31 of every sixth year thereafter, the Secretary, in consultation with the Secretary of the Interior and the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, shall submit to Congress a report that—

(A) contains an evaluation of the programs described in paragraph (1);

(B) describes the accomplishments of each of the programs;

(C) provides updates of a systemic habitat needs assessment; and

(D) identifies any needed adjustments in the authorization of the programs.

(3) For purposes of carrying out paragraph (1)(A)(i) of this subsection, there is authorized to be appropriated to the Secretary $75,000,000 for fiscal year 1999 and each fiscal year thereafter.

(4) For purposes of carrying out paragraph (1)(A)(ii) of this subsection, there is authorized to be appropriated to the Secretary $15,000,000 for each of fiscal years 1999 through 2024, and $25,000,000 for fiscal year 2025 and each fiscal year thereafter.

(5) Authorization of appropriations.—There is authorized to be appropriated to carry out paragraph (1)(B) $350,000 for each of fiscal years 1999 through 2009.

(6) Transfer of amounts.—For fiscal year 1999 and each fiscal year thereafter, the Secretary, in consultation with the Secretary of the Interior and the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, may transfer not to exceed 20 percent of the amounts appropriated to carry out clause (i) or (ii) of paragraph (1)(A) to the amounts appropriated to carry out the other of those clauses.

(7)(A) Notwithstanding the provisions of subsection (a)(2) of this section, the costs of each project carried out pursuant to paragraph (1)(A)(i) of this subsection shall be allocated between the Secretary and the appropriate non-Federal sponsor in accordance with the provisions of section 2283(e) of this title; except that the costs of operation and maintenance of projects located on Federal lands or lands owned or operated by a State or local government shall be borne by the Federal, State, or local agency that is responsible for management activities for fish and wildlife on such lands and, in the case of any project requiring non-Federal cost sharing, the non-Federal share of the cost of the project shall be 35 percent.

(B) Notwithstanding the provisions of subsection (a)(2) of this section, the cost of implementing the activities authorized by paragraph (1)(A)(ii) of this subsection shall be allocated in accordance with the provisions of section 2283 of this title, as if such activity was required to mitigate losses to fish and wildlife.

(8) None of the funds appropriated pursuant to any authorization contained in this subsection shall be considered to be chargeable to navigation.

(f) Recreational projects authority

(1) The Secretary, in consultation with any agency established under subsection (d)(1) of this section, is authorized to implement a program of recreational projects for the system substantially in accordance with the recommendations of the GREAT I, GREAT II, and GRRM studies and the master plan reports. In addition, the Secretary, in consultation with any such agency, shall, at Federal expense, conduct an assessment of the economic benefits generated by recreational activities in the system. The cost of each such project shall be allocated between the Secretary and the appropriate non-Federal sponsor in accordance with title I of this Act [33 U.S.C. 2211 et seq.].

(2) For purposes of carrying out the program of recreational projects authorized in paragraph (1) of this subsection, there is authorized to be appropriated to the Secretary not to exceed $500,000 per fiscal year for each of the first 15 fiscal years beginning after November 17, 1986.

(g) Increases in lock capacity

The Secretary shall, in his budget request, identify those measures developed by the Secretary, in consultation with the Secretary of Transportation and any agency established under subsection (d)(1) of this section, to be undertaken to increase the capacity of specific locks throughout the system by employing nonstructural measures and making minor structural improvements.

(h) Monitoring of traffic movements

(1) The Secretary, in consultation with any agency established under subsection (d)(1) of this section, shall monitor traffic movements on the system for the purpose of verifying lock capacity, updating traffic projections, and refining the economic evaluation so as to verify the need for future capacity expansion of the system.

(2) Determination.—

(A) In general.—The Secretary, in consultation with the Secretary of the Interior and the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, shall determine the need for river rehabilitation and environmental enhancement and protection based on the condition of the environment, project developments, and projected environmental impacts from implementing any proposals resulting from recommendations made under subsection (g) and paragraph (1) of this subsection.

(B) Requirements.—The Secretary shall—

(i) complete the ongoing habitat needs assessment conducted under this paragraph not later than September 30, 2000; and

(ii) include in each report under subsection (e)(2) the most recent habitat needs assessment conducted under this paragraph.

(3) There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this subsection.

(i) Disposal of dredged material

(1) The Secretary shall, as he determines feasible, dispose of dredged material from the system pursuant to the recommendations of the GREAT I, GREAT II, and GRRM studies.

(2) The Secretary shall establish and request appropriate Federal funding for a program to facilitate productive uses of dredged material. The Secretary shall work with the States which have, within their boundaries, any part of the system to identify potential users of dredged material.

(j) Construction of second lock at locks and dam 26, Mississippi River, Alton, Illinois and Missouri

The Secretary is authorized to provide for the engineering, design, and construction of a second lock at locks and dam 26, Mississippi River, Alton, Illinois and Missouri, at a total cost of $220,000,000, with a first Federal cost of $220,000,000. Such second lock shall be one hundred and ten feet by six hundred feet and shall be constructed at or in the vicinity of the location of the replacement lock authorized by section 102 of Public Law 95–502. Section 2212 of this title shall apply to the project authorized by this subsection.

(Pub. L. 99–662, title XI, §1103, Nov. 17, 1986, 100 Stat. 4225; Pub. L. 101–640, title IV, §405, Nov. 28, 1990, 104 Stat. 4646; Pub. L. 102–580, title I, §107, Oct. 31, 1992, 106 Stat. 4815; Pub. L. 106–53, title V, §509, Aug. 17, 1999, 113 Stat. 339; Pub. L. 106–109, §2, Nov. 24, 1999, 113 Stat. 1494; Pub. L. 110–114, title III, §3177, Nov. 8, 2007, 121 Stat. 1155; Pub. L. 116–260, div. AA, title III, §307, Dec. 27, 2020, 134 Stat. 2704; Pub. L. 117–263, div. H, title LXXXI, §8345, Dec. 23, 2022, 136 Stat. 3796; Pub. L. 118–272, div. A, title III, §1354, Jan. 4, 2025, 138 Stat. 3161.)

Editorial Notes

References in Text

Public Law 95–502, referred to in subsecs. (b)(2) and (j), is Pub. L. 95–502, Oct. 21, 1978, 92 Stat. 1693. Section 102 of Pub. L. 95–502 is not classified to the Code. For complete classification of this Act to the Code, see Tables.

This Act, referred to in subsec. (f)(1), is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, known as the Water Resources Development Act of 1986. Title I of this Act is classified generally to subchapter I (§2211 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables.

Codification

Subsec. (c)(2) of this section amended section 101 of Pub. L. 95–502, which is set out as a note under section 1962b–3 of Title 42, The Public Health and Welfare.

Amendments

2025—Subsec. (e)(4). Pub. L. 118–272 substituted "each of fiscal years 1999 through 2024, and $25,000,000 for fiscal year 2025 and each fiscal year thereafter" for "fiscal year 1999 and each fiscal year thereafter".

2022—Subsec. (e)(3). Pub. L. 117–263 substituted "$75,000,000" for "$40,000,000".

2020—Subsec. (e)(3). Pub. L. 116–260, §307(1), substituted "$40,000,000" for "$22,750,000".

Subsec. (e)(4). Pub. L. 116–260, §307(2), substituted "$15,000,000" for "$10,420,000".

2007—Subsec. (e)(1)(A)(ii). Pub. L. 110–114 inserted ", including research on water quality issues affecting the Mississippi River (including elevated nutrient levels) and the development of remediation strategies" before period at end.

1999—Subsec. (e). Pub. L. 106–53, §509(a), inserted subsec. heading, added par. (1), and struck out former par. (1) which read as follows: "The Secretary, in consultation with the Secretary of the Interior and the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, is authorized to undertake, as identified in the master plan—

"(A) a program for the planning, construction, and evaluation of measures for fish and wildlife habitat rehabilitation and enhancement;

"(B) implementation of a long-term resource monitoring program; and

"(C) implementation of a computerized inventory and analysis system."

Subsec. (e)(2). Pub. L. 106–53, §509(b), added par. (2) and struck out former par. (2) which read as follows: "Each program referred to in paragraph (1) shall be carried out for 15 years. Before the last day of such 15-year period, the Secretary, in consultation with the Secretary of the Interior and the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, shall conduct an evaluation of such programs and submit a report on the results of such evaluation to Congress. Such evaluation shall determine each such program's effectiveness, strengths, and weaknesses and contain recommendations for the modification and continuance or termination of such program."

Subsec. (e)(3). Pub. L. 106–53, §509(c)(1), substituted "(1)(A)(i)" for "(1)(A)" and "Secretary $22,750,000 for fiscal year 1999 and each fiscal year thereafter" for "Secretary not to exceed $8,200,000 for the first fiscal year beginning after November 17, 1986, not to exceed $12,400,000 for the second fiscal year beginning after November 17, 1986, and not to exceed $13,000,000 per fiscal year for each of the succeeding 13 fiscal years".

Subsec. (e)(4). Pub. L. 106–53, §509(c)(2), substituted "(1)(A)(ii)" for "(1)(B)" and "Secretary $10,420,000 for fiscal year 1999 and each fiscal year thereafter" for "Secretary not to exceed $7,680,000 for the first fiscal year beginning after November 17, 1986, and not to exceed $5,080,000 per fiscal year for each of the succeeding 14 fiscal years".

Subsec. (e)(5). Pub. L. 106–109 substituted "paragraph (1)(B)" for "paragraph (1)(A)(i)".

Pub. L. 106–53, §509(c)(3), added par. (5) and struck out former par. (5) which read as follows: "For purposes of carrying out paragraph (1)(C) of this subsection, there is authorized to be appropriated to the Secretary not to exceed $40,000 for the first fiscal year beginning after November 17, 1986, not to exceed $280,000 for the second fiscal year beginning after November 17, 1986, not to exceed $1,220,000 for the third fiscal year beginning after November 17, 1986, and not to exceed $875,000 per fiscal year for each of the succeeding 12 fiscal years".

Subsec. (e)(6). Pub. L. 106–53, §509(d), added par. (6) and struck out former par. (6) which contained provisions limiting transfers to 20% of appropriated amounts and setting out specific maximum monetary amounts.

Subsec. (e)(7)(A). Pub. L. 106–53, §509(e), (g)(1)(A), substituted "(1)(A)(i)" for "(1)(A)" and inserted before period at end "and, in the case of any project requiring non-Federal cost sharing, the non-Federal share of the cost of the project shall be 35 percent".

Subsec. (e)(7)(B). Pub. L. 106–53, §509(g)(1)(B), substituted "paragraph (1)(A)(ii)" for "paragraphs (1)(B) and (1)(C)".

Subsec. (f)(2). Pub. L. 106–53, §509(g)(2), struck out "(A)" after "(2)" and struck out subpar. (B) which read as follows: "For purposes of carrying out the assessment of the economic benefits of recreational activities as authorized in paragraph (1) of this subsection, there is authorized to be appropriated to the Secretary not to exceed $300,000 per fiscal year for the first and second fiscal years beginning after the computerized inventory and analysis system implemented pursuant to subsection (e)(1)(C) of this section is fully functional and $150,000 for the third such fiscal year".

Subsec. (h)(2). Pub. L. 106–53, §509(f), inserted par. heading, designated existing provisions as subpar. (A) and inserted heading, and added subpar. (B).

1992—Subsec. (e)(2). Pub. L. 102–580, §107(a)(1), which directed the substitution of "15" for "ten" each place it appears, could not be executed because "ten" did not appear subsequent to amendment by Pub. L. 101–640, §405(1). See 1990 Amendment note below.

Subsec. (e)(6). Pub. L. 102–580, §107(a)(3), added par. (6). Former par. (6) redesignated (7).

Subsec. (e)(7). Pub. L. 102–580, §107(a)(2), redesignated par. (6) as (7). Former par. (7) redesignated (8).

Subsec. (e)(7)(A). Pub. L. 102–580, §107(b), added subpar. (A) and struck out former subpar. (A) which read as follows: "Notwithstanding the provisions of subsection (a)(2) of this section, the costs of each project carried out pursuant to paragraph (1)(A) of this subsection shall be allocated between the Secretary and the appropriate non-Federal sponsor in accordance with the provisions of section 2283 of this title."

Subsec. (e)(8). Pub. L. 102–580, §107(a)(2), redesignated par. (7) as (8).

1990—Subsec. (e)(2). Pub. L. 101–640, §405(1), substituted "15" for "ten" in two places.

Subsec. (e)(3). Pub. L. 101–640, §405(2), substituted "13" for "eight".

Subsec. (e)(4). Pub. L. 101–640, §405(3), substituted "14" for "nine".

Subsec. (e)(5). Pub. L. 101–640, §405(4), substituted "12" for "seven".

Subsec. (f)(2)(A). Pub. L. 101–640, §405(5), substituted "15" for "ten".

Statutory Notes and Related Subsidiaries

Hydraulic Evaluation of Upper Mississippi River and Illinois River

Pub. L. 117–263, div. H, title LXXXI, §8219, Dec. 23, 2022, 136 Stat. 3761, provided that:

"(a) Study.—The Secretary [of the Army], in coordination with relevant Federal agencies, shall, at Federal expense, periodically carry out a study to—

"(1) evaluate the flow frequency probabilities of the Upper Mississippi River and the Illinois River; and

"(2) develop updated water surface profiles for such rivers.

"(b) Area of Evaluation.—In carrying out subsection (a), the Secretary shall conduct analysis along the mainstem of the Mississippi River from upstream of the Minnesota River confluence near Anoka, Minnesota, to just upstream of the Ohio River confluence near Cairo, Illinois, and along the Illinois River from Dresden Island Lock and Dam to the confluence with the Mississippi River, near Grafton, Illinois.

"(c) Reports.—Not later than 5 years after the date of enactment of this Act [Dec. 23, 2022], and not less frequently than every 20 years thereafter, the Secretary shall submit 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 containing the results of a study carried out under subsection (a).

"(d) Public Availability.—Any information developed under subsection (a) shall be made publicly available, including on a publicly available website."

Upper Mississippi River and Illinois Water-way System

Pub. L. 110–114, title VIII, Nov. 8, 2007, 121 Stat. 1283, as amended by Pub. L. 117–286, §4(a)(199), Dec. 27, 2022, 136 Stat. 4328, provided that:

"SEC. 8001. DEFINITIONS.

"In this title, the following definitions apply:

"(1) Plan.—The term 'Plan' means the project for navigation and ecosystem improvements for the Upper Mississippi River and Illinois Waterway System: Report of the Chief of Engineers, dated December 15, 2004.

"(2) Upper mississippi river and illinois waterway system.—The term 'Upper Mississippi River and Illinois Waterway System' means the projects for navigation and ecosystem restoration authorized by Congress for—

"(A) the segment of the Mississippi River from the confluence with the Ohio River, River Mile 0.0, to Upper St. Anthony Falls Lock in Minneapolis-St. Paul, Minnesota, River Mile 854.0; and

"(B) the Illinois Waterway from its confluence with the Mississippi River at Grafton, Illinois, River Mile 0.0, to T.J. O'Brien Lock in Chicago, Illinois, River Mile 327.0.

"SEC. 8002. NAVIGATION IMPROVEMENTS AND RESTORATION.

"Except as modified by this title, the Secretary [of the Army] shall undertake navigation improvements and restoration of the ecosystem for the Upper Mississippi River and Illinois Waterway System substantially in accordance with the Plan and subject to the conditions described therein.

"SEC. 8003. AUTHORIZATION OF CONSTRUCTION OF NAVIGATION IMPROVEMENTS.

"(a) Small Scale and Nonstructural Measures.—

"(1) In general.—The Secretary [of the Army] shall—

"(A) construct mooring facilities at Locks 12, 14, 18, 20, 22, 24, and LaGrange Lock or other alternative locations that are economically and environmentally feasible;

"(B) provide switchboats at Locks 20 through 25; and

"(C) conduct development and testing of an appointment scheduling system.

"(2) Authorization of appropriations.—The total cost of projects authorized under this subsection shall be $256,000,000. Such costs are to be paid half from amounts appropriated from the general fund of the Treasury and half from amounts appropriated from the Inland Waterways Trust Fund. Such sums shall remain available until expended.

"(b) New Locks.—

"(1) In general.—The Secretary [of the Army] shall construct new 1,200-foot locks at Locks 20, 21, 22, 24, and 25 on the Upper Mississippi River and at LaGrange Lock and Peoria Lock on the Illinois Waterway.

"(2) Authorization of appropriations.—The total cost of projects authorized under this subsection shall be $1,948,000,000. Such costs are to be paid half from amounts appropriated from the general fund of the Treasury and half from amounts appropriated from the Inland Waterways Trust Fund. Such sums shall remain available until expended.

"(c) Concurrence.—The mitigation required for the projects authorized under subsections (a) and (b), including any acquisition of lands or interests in lands, shall be undertaken or acquired concurrently with lands and interests in lands for the projects authorized under subsections (a) and (b), and physical construction required for the purposes of mitigation shall be undertaken concurrently with the physical construction of such projects.

"SEC. 8004. ECOSYSTEM RESTORATION AUTHORIZATION.

"(a) Operation.—To ensure the environmental sustainability of the existing Upper Mississippi River and Illinois Waterway System, the Secretary [of the Army] shall modify, consistent with requirements to avoid adverse effects on navigation, the operation of the Upper Mississippi River and Illinois Waterway System to address the cumulative environmental impacts of operation of the system and improve the ecological integrity of the Upper Mississippi River and Illinois River.

"(b) Ecosystem Restoration Projects.—

"(1) In general.—The Secretary [of the Army] shall carry out, consistent with requirements to avoid adverse effects on navigation, ecosystem restoration projects to attain and maintain the sustainability of the ecosystem of the Upper Mississippi River and Illinois River in accordance with the general framework outlined in the Plan.

"(2) Projects included.—Ecosystem restoration projects may include—

"(A) island building;

"(B) construction of fish passages;

"(C) floodplain restoration;

"(D) water level management (including water drawdown);

"(E) backwater restoration;

"(F) side channel restoration;

"(G) wing dam and dike restoration and modification;

"(H) island and shoreline protection;

"(I) topographical diversity;

"(J) dam point control;

"(K) use of dredged material for environmental purposes;

"(L) tributary confluence restoration;

"(M) spillway, dam, and levee modification to benefit the environment; and

"(N) land and easement acquisition.

"(3) Cost sharing.—

"(A) In general.—Except as provided in subparagraphs (B) and (C), the Federal share of the cost of carrying out an ecosystem restoration project under this subsection shall be 65 percent.

"(B) Exception for certain restoration projects.—In the case of a project under this section for ecosystem restoration, the Federal share of the cost of carrying out the project shall be 100 percent if the project—

"(i) is located below the ordinary high water mark or in a connected backwater;

"(ii) modifies the operation of structures for navigation; or

"(iii) is located on federally owned land.

"(C) Savings clause.—Nothing in this subsection affects the applicability of section 906(e) of the Water Resources Development Act of 1986 (33 U.S.C. 2283(e)).

"(D) Nongovernmental organizations.—In accordance with section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), for any project carried out under this title, a non-Federal sponsor may include a nonprofit entity, with the consent of the affected local government.

"(4) Land acquisition.—The Secretary [of the Army] may acquire land or an interest in land for an ecosystem restoration project from a willing seller through conveyance of—

"(A) fee title to the land; or

"(B) a flood plain conservation easement.

"(c) Monitoring.—The Secretary [of the Army] shall carry out a long term resource monitoring, computerized data inventory and analysis, and applied research program for the Upper Mississippi River and Illinois River to determine trends in ecosystem health, to understand systemic changes, and to help identify restoration needs. The program shall consider and adopt the monitoring program established under section 1103(e)(1)(A)(ii) of the Water Resources Development Act of 1986 (33 U.S.C. 652(e)(1)(A)(ii)).

"(d) Ecosystem Restoration Preconstruction Engineering and Design.—

"(1) Restoration design.—Before initiating the construction of any individual ecosystem restoration project, the Secretary [of the Army] shall—

"(A) establish ecosystem restoration goals and identify specific performance measures designed to demonstrate ecosystem restoration;

"(B) establish the without-project condition or baseline for each performance indicator; and

"(C) for each separable element of the ecosystem restoration, identify specific target goals for each performance indicator.

"(2) Outcomes.—Performance measures identified under paragraph (1)(A) shall include specific measurable environmental outcomes, such as changes in water quality, hydrology, or the well-being of indicator species the population and distribution of which are representative of the abundance and diversity of ecosystem-dependent aquatic and terrestrial species.

"(3) Restoration design.—Restoration design carried out as part of ecosystem restoration shall include a monitoring plan for the performance measures identified under paragraph (1)(A), including—

"(A) a timeline to achieve the identified target goals; and

"(B) a timeline for the demonstration of project completion.

"(e) Consultation and Funding Agreements.—

"(1) In general.—In carrying out the environmental sustainability, ecosystem restoration, and monitoring activities authorized in this section, the Secretary [of the Army] shall consult with the Secretary of the Interior and the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin.

"(2) Funding agreements.—The Secretary is authorized to enter into agreements with the Secretary of the Interior, the Upper Mississippi River Basin Association, and natural resource and conservation agencies of the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin to provide for the direct participation of and transfer of funds to such entities for the planning, implementation, and evaluation of projects and programs established by this section.

"(f) Specific Projects Authorization.—

"(1) In general.—There is authorized to be appropriated to carry out this subsection $1,717,000,000, of which not more than $245,000,000 shall be available for projects described in subsection (b)(2)(B) and not more than $48,000,000 shall be available for projects described in subsection (b)(2)(J). Such sums shall remain available until expended.

"(2) Limitation on available funds.—Of the amounts made available under paragraph (1), not more than $35,000,000 in any fiscal year may be used for land acquisition under subsection (b)(4).

"(3) Individual project limit.—Other than for projects described in subparagraphs (B) and (J) of subsection (b)(2), the total cost of any single project carried out under this subsection shall not exceed $25,000,000.

"(4) Monitoring.—In addition to amounts authorized under paragraph (1), there are authorized $10,420,000 per fiscal year to carry out the monitoring program under subsection (c) if such sums are not appropriated pursuant to section 1103(e)(4) the Water Resources Development Act of 1986 (33 U.S.C. 652(e)(4)).

"(g) Implementation Reports.—

"(1) In general.—Not later than June 30, 2009, and every 4 years thereafter, the Secretary [of the Army] shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an implementation report that—

"(A) includes baselines, milestones, goals, and priorities for ecosystem restoration projects; and

"(B) measures the progress in meeting the goals.

"(2) Advisory panel.—

"(A) In general.—The Secretary shall appoint and convene an advisory panel to provide independent guidance in the development of each implementation report under paragraph (1).

"(B) Panel members.—Panel members shall include—

"(i) one representative of each of the State resource agencies (or a designee of the Governor of the State) from each of the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin;

"(ii) one representative of the Department of Agriculture;

"(iii) one representative of the Department of Transportation;

"(iv) one representative of the United States Geological Survey;

"(v) one representative of the United States Fish and Wildlife Service;

"(vi) one representative of the Environmental Protection Agency;

"(vii) one representative of affected landowners;

"(viii) two representatives of conservation and environmental advocacy groups; and

"(ix) two representatives of agriculture and industry advocacy groups.

"(C) Chairperson.—The Secretary shall serve as chairperson of the advisory panel.

"(D) Application of chapter 10 of title 5, united states code.—The Advisory Panel and any working group established by the Advisory Panel shall not be considered an advisory committee under chapter 10 of title 5, United States Code.

"(h) Ranking System.—

"(1) In general.—The Secretary [of the Army], in consultation with the Advisory Panel, shall develop a system to rank proposed projects.

"(2) Priority.—The ranking system shall give greater weight to projects that restore natural river processes, including those projects listed in subsection (b)(2).

"SEC. 8005. COMPARABLE PROGRESS.

"(a) In General.—As the Secretary [of the Army] conducts pre-engineering, design, and construction for projects authorized under this title, the Secretary shall—

"(1) select appropriate milestones;

"(2) determine, at the time of such selection, whether the projects are being carried out at comparable rates; and

"(3) make an annual report to Congress, beginning in fiscal year 2009, regarding whether the projects are being carried out at a comparable rate.

"(b) No Comparable Rate.—If the Secretary [of the Army] or Congress determines under subsection (a)(2) that projects authorized under this title are not moving toward completion at a comparable rate, annual funding requests for the projects shall be adjusted to ensure that the projects move toward completion at a comparable rate in the future."

Upper Mississippi River Basin Sediment and Nutrient Study

Pub. L. 106–541, title IV, §403, Dec. 11, 2000, 114 Stat. 2634, provided that:

"(a) In General.—In conjunction with the Secretary of Agriculture and the Secretary of the Interior, the Secretary [of the Army] shall conduct a study to—

"(1) identify and evaluate significant sources of sediment and nutrients in the upper Mississippi River basin;

"(2) quantify the processes affecting mobilization, transport, and fate of those sediments and nutrients on land and in water; and

"(3) quantify the transport of those sediments and nutrients to the upper Mississippi River and the tributaries of the upper Mississippi River.

"(b) Study Components.—

"(1) Computer modeling.—In carrying out the study under this section, the Secretary shall develop computer models of the upper Mississippi River basin, at the subwatershed and basin scales, to—

"(A) identify and quantify sources of sediment and nutrients; and

"(B) examine the effectiveness of alternative management measures.

"(2) Research.—In carrying out the study under this section, the Secretary shall conduct research to improve the understanding of—

"(A) fate processes and processes affecting sediment and nutrient transport, with emphasis on nitrogen and phosphorus cycling and dynamics;

"(B) the influences on sediment and nutrient losses of soil type, slope, climate, vegetation cover, and modifications to the stream drainage network; and

"(C) river hydrodynamics, in relation to sediment and nutrient transformations, retention, and transport.

"(c) Use of Information.—On request of a Federal agency, the Secretary may provide information for use in applying sediment and nutrient reduction programs associated with land-use improvements and land management practices.

"(d) Reports.—

"(1) Preliminary report.—Not later than 2 years after the date of enactment of this Act [Dec. 11, 2000], the Secretary shall transmit to Congress a preliminary report that outlines work being conducted on the study components described in subsection (b).

"(2) Final report.—Not later than 5 years after the date of enactment of this Act, the Secretary shall transmit to Congress a report describing the results of the study under this section, including any findings and recommendations of the study.

"(e) Funding.—

"(1) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $4,000,000 for each of fiscal years 2001 through 2005.

"(2) Federal share.—The Federal share of the cost of carrying out this section shall be 50 percent."

Upper Mississippi River Comprehensive Plan

Pub. L. 106–53, title IV, §459, Aug. 17, 1999, 113 Stat. 332, as amended by Pub. L. 106–541, title IV, §404, Dec. 11, 2000, 114 Stat. 2635, provided that:

"(a) Development.—The Secretary [of the Army] shall develop a plan to address water resource and related land resource problems and opportunities in the upper Mississippi and Illinois River basins, from Cairo, Illinois, to the headwaters of the Mississippi River, in the interest of systemic flood damage reduction by means of—

"(1) structural and nonstructural flood control and floodplain management strategies;

"(2) continued maintenance of the navigation project;

"(3) management of bank caving and erosion;

"(4) watershed nutrient and sediment management;

"(5) habitat management;

"(6) recreation needs; and

"(7) other related purposes.

"(b) Contents.—The plan under subsection (a) shall—

"(1) contain recommendations on management plans and actions to be carried out by the responsible Federal and non-Federal entities;

"(2) specifically address recommendations to authorize construction of a systemic flood control project for the upper Mississippi River; and

"(3) include recommendations for Federal action where appropriate and recommendations for follow-on studies for problem areas for which data or current technology does not allow immediate solutions.

"(c) Consultation and Use of Existing Data.—In carrying out this section, the Secretary shall—

"(1) consult with appropriate Federal and State agencies; and

"(2) make maximum use of data in existence on the date of enactment of this Act [Aug. 17, 1999] and ongoing programs and efforts of Federal agencies and States in developing the plan under subsection (a).

"(d) Cost Sharing.—

"(1) Development.—Development of the plan under subsection (a) shall be at Federal expense.

"(2) Feasibility studies.—Feasibility studies resulting from development of the plan shall be subject to cost sharing under section 105 of the Water Resources Development Act of 1986 (33 U.S.C. 2215).

"(e) Report.—Not later than 3 years after the first date on which funds are appropriated to carry out this section, the Secretary shall submit 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 includes the plan under subsection (a)."

"Secretary" Defined

Secretary means the Secretary of the Army, see section 2201 of this title.
33 U.S.C. § 461 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 9: PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY / Subchapter IV: POTOMAC RIVER AND TRIBUTARIES IN DISTRICT OF COLUMBIA / Section 461: Repealed. Mar. 3, 1901, ch. 854, §1636, 31 Stat. 1434
Repealed. Mar. 3, 1901, ch. 854, §1636, 31 Stat. 1434
Status: repealed

Section 461, act May 19, 1896, ch. 208, §1, 29 Stat. 126, prohibited deposit of ballast, dirt, ashes or oyster shells into Potomac River except for purpose of making a wharf and then only after approval.

Section 462, act May 19, 1896, ch. 208, §2, 29 Stat. 127, prohibited deposit of dead fish, dead animals, fruits, vegetables, ice, snow, filth or trash of any kind into Potomac River.

Section 463, act May 19, 1896, ch. 208, §3, 29 Stat. 127, related to penalties.

Section 464, act May 19, 1896, ch. 208, §4, 29 Stat. 127, provided that none of these provisions be construed to interfere with any work or improvements in harbor or river area.
33 U.S.C. § 702b (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 15: FLOOD CONTROL / Section 702b: Local contribution toward cost of flood control work
Local contribution toward cost of flood control work
Status: in_force

It is declared to be the sense of Congress that the principle of local contribution toward the cost of flood control work, which has been incorporated in all previous national legislation on the subject, is sound, as recognizing the special interest of the local population in its own protection, and as a means of preventing inordinate requests for unjustified items of work having no material national interest. As a full compliance with this principle in view of the great expenditure estimated at approximately $292,000,000, prior to May 15, 1928, made by the local interests in the alluvial valley of the Mississippi River for protection against the floods of that river; in view of the extent of national concern in the control of these floods in the interests of national prosperity, the flow of interstate commerce, and the movement of the United States mails; and, in view of the gigantic scale of the project, involving flood waters of a volume and flowing from a drainage area largely outside the States most affected, and far exceeding those of any other river in the United States, no local contribution to the project herein adopted is required.

(May 15, 1928, ch. 569, §2, 45 Stat. 535.)

Editorial Notes

References in Text

Herein, referred to in text, means act May 15, 1928, ch. 569, 45 Stat. 534, which enacted sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title. For complete classification of this Act to the Code, see Tables.
33 U.S.C. § 467 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 9: PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY / Subchapter VII: DAM INSPECTION PROGRAM / Section 467: Definitions
Definitions
Status: in_force

In this subchapter, the following definitions apply:

(1) Administrator

The term "Administrator" means the Administrator of the Federal Emergency Management Agency.

(2) Board

The term "Board" means a National Dam Safety Review Board established under section 467f(f) of this title.

(3) Dam

The term "dam"—

(A) means any artificial barrier that has the ability to impound water, wastewater, or any liquid-borne material, for the purpose of storage or control of water, that—

(i) is 25 feet or more in height from—

(I) the natural bed of the stream channel or watercourse measured at the downstream toe of the barrier; or

(II) if the barrier is not across a stream channel or watercourse, from the lowest elevation of the outside limit of the barrier;

 to the maximum water storage elevation; or

(ii) has an impounding capacity for maximum storage elevation of 50 acre-feet or more; but

(B) does not include—

(i) a levee; or

(ii) a barrier described in subparagraph (A) that—

(I) is 6 feet or less in height regardless of storage capacity; or

(II) has a storage capacity at the maximum water storage elevation that is 15 acre-feet or less regardless of height;

 unless the barrier, because of the location of the barrier or another physical characteristic of the barrier, is likely to pose a significant threat to human life or property if the barrier fails (as determined by the Administrator).

(4) Eligible high hazard potential dam

(A) In general

The term "eligible high hazard potential dam" means a non-Federal dam that—

(i) is located in a State with a State dam safety program;

(ii) is classified as "high hazard potential" by the State dam safety agency in the State in which the dam is located;

(iii) has an emergency action plan that—

(I) is approved by the relevant State dam safety agency; or

(II) is in conformance with State law and pending approval by the relevant State dam safety agency;

(iv) fails to meet minimum dam safety standards of the State in which the dam is located, as determined by the State; and

(v) poses an unacceptable risk to the public, as determined by the Administrator, in consultation with the Board.

(B) Exclusion

The term "eligible high hazard potential dam" does not include—

(i) a licensed hydroelectric dam under a hydropower project with an authorized installed capacity of greater than 1.5 megawatts; or

(ii) a dam built under the authority of the Secretary of Agriculture.

(5) Federal agency

The term "Federal agency" means a Federal agency that designs, finances, constructs, owns, operates, maintains, or regulates the construction, operation, or maintenance of a dam.

(6) Federal Guidelines for Dam Safety

The term "Federal Guidelines for Dam Safety" means the FEMA publication, numbered 93 and dated June 1979, that defines management practices for dam safety at all Federal agencies.

(7) FEMA

The term "FEMA" means the Federal Emergency Management Agency.

(8) Hazard reduction

The term "hazard reduction" means the reduction in the potential consequences to life and property of dam failure.

(9) ICODS

The term "ICODS" means the Interagency Committee on Dam Safety established by section 467e of this title.

(10) Eligible subrecipient

The term "eligible subrecipient", in the case of a project receiving assistance under section 467f–2 of this title, includes—

(A) a governmental organization; and

(B) a nonprofit organization.

(11) Program

The term "Program" means the national dam safety program established under section 467f of this title.

(12) Rehabilitation

The term "rehabilitation" means the repair, replacement, reconstruction, or removal of a dam that is carried out to meet applicable State dam safety and security standards.

(13) State

The term "State" means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.

(14) State dam safety agency

The term "State dam safety agency" means a State agency that has regulatory authority over the safety of non-Federal dams.

(15) State dam safety program

The term "State dam safety program" means a State dam safety program approved and assisted under section 467f(e) of this title.

(16) Underserved community

The term "underserved community" means a community with a population of less than 50,000 that has a median household income of less than 80 percent of the statewide median household income.

(17) United States

The term "United States", when used in a geographical sense, means all of the States.

(Pub. L. 92–367, §2, as added Pub. L. 104–303, title II, §215(c)(4), Oct. 12, 1996, 110 Stat. 3685; amended Pub. L. 107–310, §3(e)(2), Dec. 2, 2002, 116 Stat. 2451; Pub. L. 113–121, title III, §3001(a), June 10, 2014, 128 Stat. 1282; Pub. L. 114–322, title IV, §5006(a), Dec. 16, 2016, 130 Stat. 1892; Pub. L. 116–260, div. AA, title I, §132(a), Dec. 27, 2020, 134 Stat. 2645; Pub. L. 118–272, div. A, title I, §1132(a), Jan. 4, 2025, 138 Stat. 3021.)

Editorial Notes

Prior Provisions

A prior section 467, Pub. L. 92–367, §1, Aug. 8, 1972, 86 Stat. 506; Pub. L. 99–662, title XII, §1201(a), Nov. 17, 1986, 100 Stat. 4260, defined term "dam" as used in this subchapter, prior to repeal by Pub. L. 104–303, §215(c)(1).

A prior section 2 of Pub. L. 92–367 was renumbered section 3 by section 215(c)(3) of Pub. L. 104–303 and is classified to section 467a of this title.

Amendments

2025—Pars. (16), (17). Pub. L. 118–272 added par. (16) and redesignated former par. (16) as (17).

2020—Par. (4)(A)(iii). Pub. L. 116–260, §132(a)(1)(A)(i), added cl. (iii) and struck out former cl. (iii) which read as follows: "has an emergency action plan approved by the relevant State dam safety agency; and".

Par. (4)(A)(iv), (v). Pub. L. 116–260, §132(a)(1)(A)(ii), added cls. (iv) and (v) and struck out former cl. (iv) which read as follows: "the State in which the dam is located determines—

"(I) fails to meet minimum dam safety standards of the State; and

"(II) poses an unacceptable risk to the public."

Par. (4)(B)(i). Pub. L. 116–260, §132(a)(1)(B), inserted "under a hydropower project with an authorized installed capacity of greater than 1.5 megawatts" after "dam".

Par. (10). Pub. L. 116–260, §132(a)(2), substituted "Eligible subrecipient" for "Non-Federal sponsor" in heading and "The term 'eligible subrecipient' " for "The term 'non-Federal sponsor' " in introductory provisions.

2016—Par. (4). Pub. L. 114–322, §5006(a)(2), added par. (4). Former par. (4) redesignated (5).

Pars. (5) to (9). Pub. L. 114–322, §5006(a)(1), redesignated pars. (4) to (8) as (5) to (9), respectively. Former par. (9) redesignated (11).

Par. (10). Pub. L. 114–322, §5006(a)(3), added par. (10). Former par. (10) redesignated (13).

Par. (11). Pub. L. 114–322, §5006(a)(1), redesignated par. (9) as (11). Former par. (11) redesignated (14).

Par. (12). Pub. L. 114–322, §5006(a)(4), added par. (12). Former par. (12) redesignated (15).

Pars. (13) to (16). Pub. L. 114–322, §5006(a)(1), redesignated pars. (10) to (13) as (13) to (16), respectively.

2014—Pub. L. 113–121, §3001(a)(1), substituted "Administrator" for "Director" wherever appearing.

Par. (1). Pub. L. 113–121, §3001(a)(2)(C), added par. (1). Former par. (1) redesignated (2).

Par. (2). Pub. L. 113–121, §3001(a)(2)(B), redesignated par. (1) as (2). Former par. (2) redesignated (3).

Par. (3). Pub. L. 113–121, §3001(a)(2)(A), (B), redesignated par. (2) as (3) and struck out former par. (3). Prior to amendment, text read as follows: "The term 'Administrator' means the Administrator of FEMA."

2002—Par. (1). Pub. L. 107–310, §3(e)(2)(A), substituted "section 467f(f)" for "section 467f(h)".

Par. (12). Pub. L. 107–310, §3(e)(2)(B), substituted "section 467f(e)" for "section 467f(f)".

Statutory Notes and Related Subsidiaries

Short Title of 2006 Amendment

Pub. L. 109–460, §1(a), Dec. 22, 2006, 120 Stat. 3401, provided that: "This section [amending sections 467d, 467f, and 467j of this title] may be cited as the 'Dam Safety Act of 2006'."

Short Title of 2002 Amendment

Pub. L. 107–310, §1(a), Dec. 2, 2002, 116 Stat. 2450, provided that: "This Act [enacting section 467g–1 of this title and amending this section and sections 467e to 467g and 467h to 467j of this title] may be cited as the 'Dam Safety and Security Act of 2002'."

Short Title of 1986 Amendment

Pub. L. 99–662, title XII, §1206, Nov. 17, 1986, 100 Stat. 4264, provided that: "This title [enacting sections 467f to 467n and 2311 of this title and amending this section and sections 467a and 467b of this title] may be cited as the 'Dam Safety Act of 1986'."

Short Title

Pub. L. 92–367, §1, as added by Pub. L. 104–303, title II, §215(c)(1), Oct. 12, 1996, 110 Stat. 3685, provided that: "This Act [enacting this subchapter] may be cited as the 'National Dam Safety Program Act'."

Transfer of Functions

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.

For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Administrator of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Congressional Statement of Purpose; National Dam Safety Program

Pub. L. 104–303, title II, §215(a), Oct. 12, 1996, 110 Stat. 3685, provided that: "The purpose of this section [enacting this section and sections 467d to 467j of this title, amending sections 467a to 467c of this title and section 3802 of Title 25, Indians, repealing former sections 467 and 467d to 467m of this title, and enacting provisions set out as notes under this section] is to reduce the risks to life and property from dam failure in the United States through the establishment and maintenance of an effective national dam safety program to bring together the expertise and resources of the Federal and non-Federal communities in achieving national dam safety hazard reduction. It is not the intent of this section to preempt any other Federal or State authorities nor is it the intent of this section to mandate State participation in the grant assistance program to be established under this section."

Effect on Other Dam Safety Programs

Pub. L. 104–303, title II, §215(b), Oct. 12, 1996, 110 Stat. 3685, provided that: "Nothing in this section (including the amendments made by this section) [enacting this section and sections 467d to 467j of this title, amending sections 467a to 467c of this title and section 3802 of Title 25, Indians, repealing former sections 467 and 467d to 467m of this title, and enacting provisions set out as notes under this section] shall preempt or otherwise affect any dam safety program of a Federal agency other than the Federal Emergency Management Agency, including any program that regulates, permits, or licenses any activity affecting a dam."
33 U.S.C. § 854b (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 17: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION / Subchapter I: GENERAL PROVISIONS / Section 854b: Repealed. June 3, 1948, ch. 390, §22(a), formerly §21(a), 62 Stat. 300; renumbered §22(a), Sept. 14, 1961, Pub. L. 87-233, §1(f), 75 Stat. 506
Repealed. June 3, 1948, ch. 390, §22(a), formerly §21(a), 62 Stat. 300; renumbered §22(a), Sept. 14, 1961, Pub. L. 87-233, §1(f), 75 Stat. 506
Status: repealed

Section 854b, act Jan. 19, 1942, ch. 6, §3, 56 Stat. 7, related to composition, powers and duties of a Personnel Board.

Section 854c, act Jan. 19, 1942, ch. 6, §4, 56 Stat. 7, related to submission of reports of the Personnel Boards to the President.
33 U.S.C. § 426m (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 9: PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY / Subchapter I: IN GENERAL / Section 426m: Collection and removal of drift and debris from publicly maintained commercial boat harbors and adjacent land and water areas
Collection and removal of drift and debris from publicly maintained commercial boat harbors and adjacent land and water areas
Status: in_force

(a) Congressional findings

The Congress finds that drift and debris on or in publicly maintained commercial boat harbors and the land and water areas immediately adjacent thereto threaten navigational safety, public health, recreation, and the harborfront environment.

(b) Responsibility of Secretary of the Army for development of projects; project undertakings exempt from specific Congressional approval

(1) The Secretary of the Army, acting through the Chief of Engineers, shall be responsible for developing projects for the collection and removal of drift and debris from publicly maintained commercial boat harbors and from land and water areas immediately adjacent thereto.

(2) The Secretary of the Army, acting through the Chief of Engineers, is authorized to undertake projects developed under paragraph (1) of this subsection without specific congressional approval when the total Federal cost for the project is less than $400,000.

(c) Federal share of costs; responsibility of non-Federal interests in future project development to recover cost or repair sources

The Federal share of the cost of any project developed pursuant to subsection (b) of this section shall be two-thirds of the cost of the project. The remainder of such costs shall be paid by the State, municipality, or other political subdivision in which the project is to be located, except that any costs associated with the collections and removal of drift and debris from federally owned lands shall be borne by the Federal Government. Non-Federal interests in future project development under subsection (b) of this section shall be required to recover the full cost of drift or debris removal from any identified owner of piers or other potential sources of drift or debris, or to repair such sources so that they no longer create a potential source of drift or debris.

(d) Responsibility for providing lands, easements, and right-of-way necessary for projects; agreement to maintain projects and hold United States free from damages; regulation of project area following project completion; technical advice

Any State, municipality, or other political subdivision where any project developed pursuant to subsection (b) of this section is located shall provide all lands, easements, and right-of-way necessary for the project, including suitable access and disposal areas, and shall agree to maintain such projects and hold and save the United States free from any damages which may result from the non-Federal sponsor's performance of, or failure to perform, any of its required responsibilities of cooperation for the project. Non-Fededal 1 interest shall agree to regulate any project area following project completion so that such area will not become a future source of drift and debris. The Chief of Engineers shall provide technical advice to non-Federal interests on the implementation of this subsection.

(e) Definitions

For the purposes of this section—

(1) the term "drift" includes any buoyant material that, when floating in the navigable waters of the United States, may cause damage to a commercial or recreational vessel; and

(2) the term "debris" includes any abandoned or dilapidated structure or any sunken vessel or other object that can reasonably be expected to collapse or otherwise enter the navigable waters of the United States as drift within a reasonable period.

(f) Authorization of appropriations

There is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years beginning after September 30, 1986.

(Pub. L. 94–587, §202, Oct. 22, 1976, 90 Stat. 2945; Pub. L. 99–662, title XI, §1129(a), Nov. 17, 1986, 100 Stat. 4246.)

Editorial Notes

Amendments

1986—Subsec. (f). Pub. L. 99–662 amended subsec. (f) generally, substituting "such sums as may be necessary for fiscal years beginning after Sept. 30, 1986" for "not to exceed $4,000,000 per fiscal year for fiscal years 1978 and 1979".

1 So in original.
33 U.S.C. § 567 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 567: Navigation and flood control improvements by Minnesota, North Dakota, and South Dakota
Navigation and flood control improvements by Minnesota, North Dakota, and South Dakota
Status: in_force

Congress consents that the States of Minnesota, North Dakota, and South Dakota, or any two of them, may enter into any agreement or agreements with each other to aid in improving navigation and to prevent and control floods on boundary waters of said States and the waters tributary thereto. And said States, or any two of them, may agree with each other upon any project or projects for the purpose of making such improvements, and upon the amount of money to be contributed by each to carry out such projects. The Secretary of the Army is authorized and directed to make a survey of any project proposed, as aforesaid, by said States, or any two of them, to determine the feasibility and practicability thereof and the expenses of carrying the same into effect and what share of such expenses should be borne by the respective States, local interests, or by the National Government. If the Secretary of the Army approves any such projects, he may authorize the States to make such improvements at their own expense, but under his supervision.

(Aug. 8, 1917, ch. 49, §5, 40 Stat. 266; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

Editorial Notes

Codification

Section is from a part of section 5 of act Aug. 8, 1917, which act was popularly known as the "Rivers and Harbors Appropriation Act for 1917". The omitted part of such section read as follows: "That the sum of $25,000, or so much thereof as may be necessary, is hereby appropriated, out of any funds in the Treasury of the United States not otherwise appropriated, for the purpose of enabling the Secretary of War to make the surveys and estimates herein contemplated."

Statutory Notes and Related Subsidiaries

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.